Shipping & Handling
Your eBay orders are shipped by us via Registered/Insured U.S. Mail, UPS, FedEx or another common carrier, at our discretion. Each package is fully insured. Packages sent via registered and insured mail can take on average 5-10 business days to receive.
Shipping is FREE for all domestic purchases.
All eBay Order requests are reviewed on an order by order basis. In addition, we will only ship to an eBay confirmed address. We reserve the right to refuse any eBay Order deemed questionable or of significant risk to APMEX regardless of price confirmation.
Your Obligations for Receipt of eBay Orders Shipments
APMEX insures all of its eBay Order shipments to you for the purchase value of the enclosed Product purchased from APMEX, subject to the following limitations. Should anything happen while your package is in transit to you, you might be permitted to claim coverage under our insurance policy provided that you directly receive the package from the common carrier. Neither we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have left instructions with any carriers or delivery service to leave parcels for you without the need for your signature. Nor do we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carriers or delivery service instructions to leave your package with someone else, such as a building manager, neighbor, or a drop-off location such as Mail Boxes Etc., The UPS Store, or similar third party drop off locations. In any such case, YOUR PACKAGE WILL NOT BE COVERED FOR INSURANCE BY APMEX OR OUR INSURANCE CARRIER. If you do not receive the package directly from the common carrier, you agree to take all reasonable actions to assist in recovery of the package, including but not limited to filling out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither APMEX, nor our insurance company or carrier, will have any liability to you.
When we ship to you, if Products are lost or damaged in transit, it is our responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion, and APMEX shall have no further responsibility or liability to you. If there is any disruption in the delivery of a package to you, you agree to cooperate with us in any investigation or claim process and to take every reasonable action requested of you in the process. Failure to fully cooperate will jeopardize coverage that may be provided to you.
These Terms & Conditions (the "T&C") govern your transactions with APMEX on eBay.
Buying from Us
eBay Order Price Confirmations
When buying online from us, unless there is a default by you, the price at which your eBay Order is submitted is the locked-in price. There are no added commissions. The only charges APMEX adds are for shipping and handling. Your confirmation will be in your return email. The eBay Order price is locked-in for 4 Business Days. That is the time you have to complete payment to APMEX.
Cancellations of eBay Orders with APMEX
Once we have issued a confirmation (a) all prices are locked-in and (b) there is a binding contract between us for your transaction. You have no right to cancel your eBay Order. If you default in your performance of payment or any other act required by you to complete your transaction in the times required by these terms, we may cancel any such eBay Order. We reserve the right to cancel any eBay Order at any time and for any reason.
eBay Order Changes
eBay Order changes are not permitted. We suggest you take the time up front to make sure what you want is exactly what you request from us as reflected in your eBay Order.
eBay Order Payment Requirements
When you buy from us, you must pay with PayPal Immediate Payment. If you default and payment is not timely received by APMEX, APMEX reserves the right in its sole discretion to (a) accept your payment, (b) refuse your payment and cancel your eBay Order, and/or (c) preclude you from making future Purchases from APMEX.
We reserve the right to refuse or cancel any eBay Order at any time, including if it is deemed questionable or of significant risk to APMEX regardless of price confirmation.
Back Ordered Items
Supply and demand problems occasionally occur in our business. From time to time, we have more buyers than sellers. If this should happen, we reserve the right to cancel your order and refund your purchase cost.
Once you have placed an Order to buy from or sell to APMEX, you have entered into a binding contract.
Market Loss Policy
When you buy from APMEX, once we have issued a confirmation, you have a binding contract and the transaction price is locked-in and the corresponding market risk is transferred. However, if you default in your performance of payment or any other act required to complete your transaction in the times required by these terms, we may cancel your eBay Order. If your Order(s) is cancelled, you agree you have full responsibility and liability to APMEX for any Market Loss. You must also pay to, and have full responsibility and liability to APMEX for, all fees and costs associated with APMEX’s efforts in collecting from you. Any Market Gain on Purchase Order cancellations shall vest in and remain the property of APMEX. We reserve the right to cancel any Purchase Order at any time and for any reason.
Pricing or Typographical Errors
We work hard to provide accurate Product and pricing information to you. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, APMEX shall have the right, in its sole discretion, to refuse or cancel any eBay Orders placed by you for that item. We will either contact you for instructions or cancel your eBay Order and notify you of such cancellation. Prices and availability are subject to change without notice.
Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the eBay listings describing the Products.
All investments involve risk; Coins and Bullion are no exception. The value of a Bullion Coin (e.g., American Eagles or Canadian Maple Leafs) is affected by many economic factors, including the current market price of Bullion, the perceived scarcity of the Coins and other factors. Some of these factors include the quality, and current demand and general market sentiment. Therefore, because both Bullion and Coins can go down in price as well as up, investing in them may not be suitable for everyone. Because all investments, including Bullion and Coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a Bullion or Coin investment. Please consult your financial advisor. APMEX does guarantee that every item that we sell is genuine and that all Precious Metal items do contain the weight, fineness, and purity that we have advertised. However, all investments, of every type, involve some level of risk and Precious Metals are no exception. Like many markets, the Precious Metals market is speculative, and it is unregulated. The value of any Bullion item is generally determined by current spot price of the underlying Precious Metal and by the supply and demand for these particular items. These prices will fluctuate throughout the day while the Precious Metals market is open. If you are considering purchasing Precious Metals as an investment, you should assess the stability of the current market and contact your financial advisor for all advice.
The following terms have the following meanings in these T&C:
1. APMEX. The term "APMEX" means APMEX, Inc., a Delaware corporation.
2. Bullion. The term "Bullion" is used to describe (1) Gold, Silver, Platinum or Palladium Coin(s) which closely follow spot prices and have little or no Numismatic value (such as restrikes); and (2) the form in which metal is shaped such as bars, ingots or wafers.
3. Business Day(s). The term "Business Day(s)" means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of Oklahoma.
4. Coin(s). The term "Coin(s)" means a stamped piece of metal of a known weight and fineness issued for commerce by a sovereign government.
5. Fair Market Value. The term "Fair Market Value" means the Fair Market Value of the Product as determined by APMEX, in its reasonable discretion, as of 5:00 p.m., Oklahoma City, Oklahoma time, on the date of cancellation of the eBay Order or the Sale Order.
6. Market Gain. The term "Market Gain" means: When a eBay Order or Purchase, as the case may be, is cancelled by APMEX, the term "Market Gain" means any increase in value between (a) the Fair Market Value of the Products on the date of the cancelled eBay Order or Purchase; and (b) the original purchase price of the Product(s) as it appears on the cancelled eBay Order. If the difference in any calculation of Market Gain with respect to the Purchase of a Product from APMEX by a customer is less than, or equal to, 0, then there is no Market Gain.
7. Market Loss. The term "Market Loss" means: When a eBay Order or Purchase, as the case may be, is cancelled by APMEX, the term "Market Loss" means any decrease in value between (a) the original purchase price of the Product(s) as it appears on the cancelled eBay Order; and (b) the Fair Market Value of the Products on the date of the cancelled eBay Order or Purchase.
If the difference in any calculation of Market Loss with respect to the Purchase by a customer from APMEX of a Product is greater than, or equal to, 0, then there is no Market Loss.
8. Numismatic Coin(s). The term "Numismatic Coin(s)" means a Coin, the price of which depends more in its (their) rarity, condition, dates, and mint marks than on their gold or silver content, if any.
9. Numismatic. The term "Numismatic" means the study or collection of anything used as a medium of exchange- especially Coins and paper money.
10. Order(s). The term "Order(s)" means, as applicable a confirmed Purchase from APMEX.
11. Precious Metal. The term "Precious Metal" means Gold, Silver and Platinum along with the Platinum group of elements: rhodium, osmium, ruthenium, Palladium and iridium. Precious Metals are characteristically lustrous, ductile, rare and nonreactive.
12. Product(s). The term "Product(s)" means a Product that is the subject of an Order for a Purchase from APMEX. A Product may include, without limitation, Bullion; a Coin, whether Numismatic, Semi-Numismatic or not a Precious Metal; and/or supplies.
13. Purchase(s). The term "Purchase(s)" means the acquisition of Product(s) by a customer from APMEX with the number, quality and price confirmed.
14. eBay Order(s). The term "eBay Order(s)" means an Order placed by a customer with APMEX for the acquisition by the customer of Product(s) from APMEX.
15. Semi-Numismatic. The term "Semi-Numismatic" means a Coin that has both Bullion and Numismatic value.
Absence of Relationship. The sole relationship between APMEX and you is that of buyer-seller. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between APMEX and you exists.
Assignment. You may not assign any of your rights or obligations under these T&C without the prior written consent of APMEX, which may be granted or withheld by APMEX in its sole discretion. This contract, including but not limited to the T&C, shall be binding on all permitted assigns and successors of APMEX and you.
Dispute Resolution. It is APMEX's goal that any disagreement or dispute be resolved expeditiously. We encourage you to contact Customer Service via an eBay member-to-member message if you have any concerns and to try to resolve this amicably between us. If an amicable resolution cannot be reached, you agree that any and all disagreements and disputes between us shall be resolved in accordance with the following paragraphs:
(a) Forum Selection and Governing Law. The federal and state courts located in Oklahoma County, Oklahoma shall have exclusive jurisdiction of all actions arising out of or relating to the transactions between you and APMEX, including but not limited to the T&C. All such disputes shall be resolved exclusively in such federal and state courts, as appropriate, in that jurisdiction. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any disagreements or disputes between us and waive all objections to the jurisdiction of such federal and state courts. Any action arising out of or relating to these T&C shall be governed by, and interpreted in accordance with, the laws of the State of Oklahoma, without regard to conflict of laws principles.
(b) Waiver of Jury Trial; Arbitration. BOTH APMEX AND YOU HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE T&C AND THE TRANSACTIONS BETWEEN THEM.
Force Majeure. If APMEX cannot perform any obligation hereunder as a result of any event that is beyond its control, APMEX's delay or failure to perform such obligation shall be excused and APMEX shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances. You shall execute and deliver such other documents and take such other actions as may be reasonably requested by APMEX to carry out your obligations under these T&C.
Notices. Except as otherwise provided herein, all notices and other communications to APMEX shall be directed to APMEX, c/o Chief Financial Officer, 226 Dean A. McGee Avenue Oklahoma City, OK 73102, and all other notices and other communications to you shall be directed, at the option of APMEX, to the address that you provided to APMEX at the time of your registration.
Recording of Phone Conversations. APMEX may record phone conversations between us, and you expressly consent to the recording of such phone conversations.
Absence of Waivers. A decision or a failure by APMEX to take action with respect to any non-compliance by you of your obligations to APMEX or to insist upon strict adherence to any term in these T&C, does not affect the ability of APMEX with respect to any other non-compliance by you, and does not waive or limit APMEX's right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
Section Headings. The section headings are included for ease of reference and do not affect the interpretation or the scope of these T&C.
Severability. These T&C are intended to be enforceable to the fullest extent permitted by applicable law. If any term of these T&C is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of these T&C, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment. APMEX may amend these T&C at any time by posting the amended terms on the website, and such amendments shall become effective immediately.
You shall hold the existence and terms of all your transactions with APMEX, including, without limitation, the existence of any disagreement or dispute and the existence and the terms of any resolution thereof, in strictest confidence and you shall not disclose any such information to any person or entity unless (a) such disclosure is required by applicable law or regulation or (b) such disclosure is required by a court or other tribunal of competent jurisdiction. If you become aware that you may be required to make any disclosure of such information, including, without limitation, as a result of the receipt of a subpoena or other compulsory process, you shall promptly notify, in writing, APMEX and you shall cooperate, in good faith, with APMEX in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.