Terms & Conditions

These terms and conditions (the “Terms”) apply to you when you access and use the Website and the Services (as defined below) that are offered by MyGold, and set out how you may use and access the Website and the Services.

By accessing the Website and/or Services, including to create an Account, you are agreeing to these Terms and entering into a legally binding agreement with MyGold. In particular, you acknowledge and agree that you have read and understand these Terms, including the “Acknowledgement of Risk” section in clause 8 below. If you do not agree to these Terms, you must cease using our Website and Services immediately.

Definitions
1. The website www.mygold.co.nz (the “ Website“) is operated by MyGold Limited. In these Terms, any reference to “ we”, “ our”, “ us” or “ MyGold” means MyGold Limited, and any reference to “ you” or “ your” means you, the person or entity who accesses and/or uses the Website and/or the Services.
2. The Website enables users to acquire gold and silver bullion, commemorative and collectible coins, other precious metals, and safes (“ Products”). Our services include the sale and purchase of Products, including through Online Orders and Requests (collectively the “ Services”).
Services
1. If you wish to access and receive the Services, you must either:
  1. create an Account (in accordance with clause 4) and submit an online Product purchase request via the Website (an “Online Order”); and/or
  2. contact us:
    1. by the telephone number on the Website;
    2. by submitting an inquiry form through the Website; or
    3. by email,
    4. and provide us with photo identification, as requested by us, to satisfy us as to your identity (each, a “ Request”).
2. You must be at least 18 years old and a resident in New Zealand in order to access our Services and place any Online Order and/or Request.
3. By creating an Account, submitting an Online Order, and/or making a Request, you consent to:
  1. us contacting you about your proposed use of the Services; and
  2. allowing us to use your personal information to make enquiries to verify your identity either directly or through third parties, in order to protect our Website, Services and other users against fraud or illegal activities and to meet our anti-money laundering and other legal requirements. If we are not satisfied with the outcome of such enquiries, we may terminate your use of the Services (including any Online Order) and the Website immediately.
4. Verification and compliance: before providing any Service to you, or at any later time, we may need to get information from you and/or third parties, including to verify your identity and for other compliance purposes. Until we have all of the information we need, we may delay providing Services to you, temporarily suspend access to any Account you have with us, and/or withhold settlement of any transaction. You warrant and represent that any information you provide to us is complete and accurate. We may also use an electronic verification service and/or approach a credit reference agency to confirm your identity, and the identity of anyone else providing or receiving money on your behalf. By dealing with us you consent to this and confirm that you have the consent of any person providing or receiving money on your behalf.
Requests
1. Where you are wishing to purchase a Product by making a Request, you must specify how much money in New Zealand Dollars you would like to spend and the specific quantity you wish to purchase (subject to any minimum spend amount that we notify to you, either through the Website or in person, from time-to-time) (“ Spend Amount”).
2. If you have made a Request, we will respond by contacting you directly to discuss your Product purchase and will email you a purchase order setting out the agreed product that you will purchase, the quantity, the cost, and payment details (“ Purchase Order”). You acknowledge that the amount of Product that you may purchase for the nominated Spend Amount as detailed in the Purchase Order:
  1. is only fixed for a period of ten minutes from the time that we have sent your Purchase Order to your nominated email address as advised from you to us (the “ Purchase Window”); and
  2. given the volatile nature of Foreign Exchange and the commodity market for our Products, cannot be guaranteed beyond the Purchase Window;
  3. unless stated otherwise, is exclusive of delivery charges and Goods and Services Tax (as that term is defined in the Goods and Services Tax Act 1985), which are your responsibility to pay; and
  4. is inclusive of all fees, including:
  5. exchange fees; and
    1. our processing fee, which we are entitled to deduct from the Spend Amount for processing the transactions using our Services.
    2. To complete a Request and purchase the Product, you must promptly deposit the amount specified in our bank account within the Purchase Window and send us proof of such deposit in the manner requested by us, at which point the Request will be confirmed (a Confirmed Request).
3. Where you have made a Request, you acknowledge and agree that:
  1. we will not purchase any Product on your behalf until the Request is a Confirmed Request and until we have received the Spend Amount in cleared funds into our nominated bank account (details of which are set out in your Purchase Order);
  2. once you have deposited the Spend Amount into our bank account, the transaction for the purchase of Product in accordance with any Confirmed Request cannot be cancelled or amended by you; and
  3. we will not be obliged to fulfil any Request or hold any Product if we do not receive the Spend Amount in cleared funds into our nominated bank account within the Purchase Window.
Accounts
1. To submit an Online Order, you must create an account via our Website (an Account) and have received confirmation from us that your Account has been verified (a Verified Account). There is a delay between creating an Account and having your Account verified.
2. To create an Account, you must provide your full name, contact information, including a valid email address, and proof of identification. Before you can make any Online Order, we will need to verify your Account information in accordance with the verification steps noted at clause 2. We will then either request further information, confirm in writing that your Account is a Verified Account, or decline to verify your Account where we reasonably consider necessary.
3. You are responsible for maintaining the security of your Account, including to prevent unauthorised access to and/or use of your Account. You are responsible and liable for any Online Orders and/or other activity through your Account.
Website and Services: information, accuracy
1. Our Website and Services rely on third-party data feeds to display real-time Product pricing. Subject to clause 5.3, our Website also includes other important Product and related Services information including Product availability (inventory volumes held by us and/or availability live at mint), expected collection and dispatch timeframes (including any delays), the Market Window, and specification details:
  1. Real-time pricing: Product prices are displayed in real-time, and are subject to ongoing change based on the market. All prices displayed on our Website are indicative only until such time as you have made a Confirmed Order. Product pricing is not confirmed until we receive payment in full within the required Purchase Window and confirmation of the same. All prices are for Product only and do not include any shipping costs, processing fees and/or associated costs.
  2. Inventory availability: our Website displays the availability of each Product, including the volume we currently hold (if any), whether Product is live at mint (meaning we can order it from the mint supplier), and/or any anticipated delays in collection or dispatch. Availability is indicative only and may change at any time based on orders and other factors including our suppliers. Product availability affects our ability to fulfil Online Orders and may affect dispatch and collection dates.
  3. Market Window: Product is available for Online Orders during specified days and times (the Market Window). The Market Window for some Product is 24/7. However, the Market Window for other Products is restricted and Online Orders for these Products are only available during the specified Market Window. The Market Window for Products is displayed on the relevant Website page and will show as ‘Market Closed’ outside the relevant Market Window.
2. Please make sure you read all the relevant Website information provided for our Products carefully before submitting an Online Order. If you have any questions, please get in touch with us at [email protected].
3. Accuracy: we take steps to ensure the information displayed on our Website and provided as part of our Services is accurate and reliable. However, sometimes there may be a mistake, error, or other inconsistency. Where we have identified any genuine mistake, error and/or inconsistency, we may take steps to rectify the error in line with our rights under these Terms but subject to any rights you may have under the CGA or FTA as applicable. This may include suspending and/or cancelling affected Online Orders and cancelling and providing you with a full refund in respect of any affected Confirmed Orders. The AI chat bot is available on our Website to help answer some questions. However, any information produced by the AI chat bot is for information purposes only and you should always verify information/answers with us directly before relying or acting on it.
4. You acknowledge that making a Request or submitting an Online Order does not guarantee the immediate availability of any Product for collection or dispatch within a specified timeframe. MyGold sources Product from a range of suppliers on a non-exclusive basis. We will notify you if Product in any Confirmed Order is only able to be partially fulfilled with available inventory. You will be given the option of receiving the portion of your order already available (if any) and waiting for the remainder, or receiving the entire order once all Product is received and available for collection or dispatch.
5. We have a fair dealing policy that means we process Confirmed Orders and Confirmed Requests in the sequence in which they become Confirmed Orders and/or Confirmed Requests and Product inventory is allocated on that basis.
6. MyGold reserves the right to temporarily suspend without notice or halt all Services on the Website, including any Market Window and/or the ability to submit Online Orders where it reasonably considers necessary (including due to issues with third party data providers that we rely on, errors, and/or bugs, viruses, hackers or other issues).
Online Orders
1. Online Orders can only be submitted from a Verified Account during the Market Window.
2. Adding Product to your cart or submitting an Online Order does not reserve or otherwise hold Product stock until an order becomes a Confirmed Order.
3. Each Online Order will prompt you to choose one of the following payment methods:
  1. Bank payment: Make payment to the nominated MyGold bank account stated on your order invoice; or
  2. Payment gateway: Make payment using our third-party payment gateway on the Website.
4. Once submitted, you will receive an invoice with payment details for your Online Order, or be redirected to the payment gateway. Each Online Order and the applicable price indicated in each Online Order is only fixed for a period of five (5) minutes 45 seconds from the time we issue the invoice or that you are redirected to the payment gateway (the “ Purchase Window”).
5. Given the volatile nature of Foreign Exchange and the commodity market for our Products, we cannot guarantee any Online Order, including the availability of Products at a price, beyond the Purchase Window.
6. To complete an Online Order and purchase Product you must pay the full price outlined in your Online Order within the Purchase Window and those funds must be received in full to our account, and, where you have chosen Bank payment, send us verified proof of such deposit by email to [email protected], at which point the Online Order will be confirmed (a Confirmed Order). Where you have chosen to pay via the payment gateway, your order will become a Confirmed Order once the purchase price is received in full by MyGold.
7. Until your Online Order has become a Confirmed Order, all prices are indicative only and your Online Order is not guaranteed (including availability for dispatch and/or collection). If you do not make payment of the required amount within the Purchase Window, we reserve the right to accept, re-price, and/or cancel your Online Order at our discretion.
8. You acknowledge and confirm that fulfilment of Product in any Confirmed Order ready for collection or dispatch is subject to the availability of Product stock levels, as per clause 5.1.
9. When submitting an Online Order, you warrant that you have the full authority and capacity to enter into an agreement to purchase Product from us and to meet your payment obligations. If you are acting on behalf of a company, you warrant that you have the consent of the company to enter into an agreement on their behalf.
10. The sale of any Product via Online Orders on the Website is deemed to take place in New Zealand. On completion of the sale, you are deemed to take possession of your Product in New Zealand.
11. We reserve the right to delay, suspend or cancel any Confirmed Order and/or Confirmed Request if:
12. we believe the transaction may include, enable or be linked to illegal activity;
13. there are technical reasons that prevent us from completing the transaction; or
14. we receive a request from a law enforcement or government agency to do so.
Sale of Product
1. In order for you to sell Product to us you must contact us:
  1. by the telephone number on the Website;
  2. by submitting an inquiry form through our Website; or
  3. by email or live chat.
2. Upon receiving such an inquiry, we will contact you to determine the details and terms of such transaction, which will be recorded in writing in a “ Purchase Confirmation Form”.
3. No contract will be concluded, and we will not be obliged to perform our obligations under the Purchase Confirmation Form until:
4. you have signed the form and returned it to us in the manner specified by us; and
5. your identity has been verified by us in a manner that is satisfactory to us.
Acknowledgement of risk
1. General: MyGold is a commodity trading business specialising in precious metals, bullion, and related services. We are not a financial institution or advisory company. You acknowledge that we do not issue financial products or provide any financial advice and no offer or other disclosure document has been, or will be, prepared in relation to the Services, the Website, Products and/or other services, under the Financial Markets Conduct Act 2013, the Financial Advisers Act 2008, or any other similar legislation.
2. Bullion: You acknowledge and agree that bullion (and any of our related products) is a commodity that is priced according to a highly volatile, often fast moving market that may be turbulent. Accordingly, the trading and/or holding of bullion carries significant risk and you should carefully consider and assess whether trading or holding of bullion is suitable for you depending upon your financial circumstances and tolerance to risk and you should take independent financial advice.
Appointment as agent: You appoint MyGold, and MyGold accepts the appointment, to act as your agent solely for the limited purpose of the purchase of bullion or any Product(s) that you have ordered through our Website and/or Services, in accordance with the terms and conditions of these Terms.
Terms of payment
1. You must make payment of all amounts owing without set-off or deduction. You agree that you are responsible for any and all taxes, tariffs, customs or duties that apply to an international shipment of Product, if applicable.
2. You agree that we may send you invoices by email.
3. If you have provided proof of payment but have failed to make payment of the required amount in the Purchase Window and/or in accordance with the particulars stated on your invoice, then notwithstanding our other rights and remedies, all amounts owed to us but which are unpaid shall immediately become due and payable.
4. Interest on overdue invoices shall accrue on a daily basis from the date when payment becomes due until receipt of payment in full and cleared funds by us at a rate of 2% above the current overdraft rate which we have with our principal trading bank (in addition to you remaining liable for the full amount outstanding), which you agree is a reasonable pre-estimate of our loss due to such payment breach and is not a penalty.
5. We shall be entitled to claim from you all costs, expenses and charges (including costs on a solicitor/client basis and debt collectors’ costs) incurred to recover monies or Product due from you pursuant to these Terms.
6. Any payments required by us under a Purchase Confirmation Form will be paid in accordance with the terms of the Purchase Confirmation Form.
7. Payment will be made by direct deposit to your nominated bank account or by cheque provided to you in person or by post.
Delivery
1. Product is available for collection in person at our premises or for delivery in accordance with clause 12. Where you have chosen to have Product delivered, any dates given for availability of the Product and/or delivery are stated on our Website in good faith but are indicative only and are not to be treated as a condition of the sale. If availability or delivery of the Product is delayed for any reason, to the maximum extent permitted by law we will not be responsible or liable in any way to you or any other party for loss or damages suffered directly or indirectly by you due to that delay.
2. We may make delivery of Product by instalments and, where you are receiving the Product “in trade” (as that term is defined in the Consumer Guarantees Act 1993), we may cancel delivery of the Product or any instalments of the Product without limiting or affecting our rights to recover all money you owe us for deliveries already made.
Ownership and risk
1. Any Product purchased will be available for in-person collection (‘click & collect’) once you have been notified that your Confirmed Order has been fulfilled. Where you have elected to have Product delivered to another location, you can choose from the following options:
  1. NZ Post Parcel Collection to an NZ Post parcel collection location;
  2. Gold Safe Delivery & Installation (for safes only); and
  3. Secure Courier Service (from $100), as detailed below at 12.4
  4. All delivery costs are in addition to the cost of Product and must be paid for in full prior to goods being dispatched.
2. Subject to clause 12.3 (authority to leave), where you have elected to have Product delivered, title and risk in the Product will pass between MyGold and you as follows:
  1. NZ Post Parcel Collection and Gold Safe Delivery: title and risk remains with MyGold until you have signed for and collected the Product(s) at the designated NZ Post delivery location; or
  2. Secure Courier Service: in accordance with the terms at clause 12.4.
  If you choose to redirect delivery from an NZ Post Parcel Collection location to another location, title and risk passes to you at the time you redirect the delivery, and MyGold will not be liable for any loss of and/or damage to any redirected delivery.
3. You acknowledge that where you have requested delivery on the basis of “authority to leave” or have in place a standing equivalent delivery offering at the specified delivery address, then title and risk in Product will pass to you upon the courier delivering the relevant Product to the place of delivery you have nominated in writing to MyGold. We recommend that you have appropriate insurance in place to cover any potential loss or damage to Products that are delivered on the basis of an “authority to leave” or equivalent delivery offering where signature on delivery is not required or obtained.
4. For the delivery of Product, we suggest that you use a courier service that offers insurance and requires a signature on delivery (“ Secure Courier Service”). Where:
  1. you use such Secure Courier Service, title and risk in the Product will pass to you upon being signed for as being delivered at the place of delivery that you have nominated in writing to us. You acknowledge that if you have accepted delivery on the basis of “Authority to Leave” or equivalent, then title and risk in the Product will pass to you upon the courier delivering the relevant items to the place of delivery that you have nominated in writing to us;
  2. you choose not to use a Secure Courier Service (including a non-insured courier service, a service that does not require signature on delivery, or to collect the Product directly from us) title and risk in the Product will pass to you upon the Product being collected from us.
5. Where you collect Product from us in person, we may require appropriate photo identification to release Product to you and we reserve our rights to withhold delivery at our discretion if we are not satisfied as to the identity of the person collecting Product from us.
6. Where we are purchasing Product from you in accordance with clause 7:
  1. you must send the relevant Product to us, insured up to its full replacement value, via courier requiring a signature on delivery;
  2. the Product remains at your risk until actual physical receipt of the Product by us, which occurs at the time authorised MyGold personnel sign to accept the relevant delivery, at which point risk passes to MyGold;
  3. title will pass upon payment in accordance with a Purchase Confirmation Form and risk will pass to us upon our signing for the relevant package; and
  4. in the event that we decline to purchase any Product and it is returned by MyGold, we will either hand the Product to you in person or send the Product by courier to the address you have provided. Our preference is to return items to a Courier Post Depot for Parcel Collection and not a residential address to reduce the risk of loss or damage to items upon return delivery. Risk of loss or damage to the Product shall pass from us to the you at the point the Product is handed to you in person or delivered to your specified address. You acknowledge and confirm that MyGold accepts no responsibility or liability for returned items following delivery.
Use of our Website and Services
1. Security: You acknowledge that:
  1. the transmission of information over the internet (including to or from the Website) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means; and
  2. emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
2. Linking: The Website may contain links to other websites (“ Third Party Websites”). We make no representation or warranty as to, and are not responsible or liable for, the Third Party Website, the accuracy, legality, decency or any other aspect of any content that is on that Third Party Website (“ Third Party Content”), nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Website.
3. Cookies: We may use cookies to identify your computer on our server and so we can track your use on our Website. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.
4. Trading: You acknowledge and agree that all times during your use of the Website or Services, you are not using the Website, Services or any of the information contained in the Website or Services to engage in trading or speculating.
Fair Trading Act and Consumer Guarantees Act
1. Subject to clause 14.2, nothing in these Terms in any way limits your rights and remedies under the Fair Trading Act 1986 (“ FTA”) or the Consumer Guarantees Act 1993 (“ CGA”).
2. Where you are “in trade” (within the meaning of the CGA):
  1. the parties acknowledge that the products or services are being supplied and acquired in trade;
  2. the parties agree to contract out of the provisions of the CGA and sections 9, 12A and 13 of the FTA;
  3. it is fair and reasonable that the parties are bound by this clause 14.2;
  4. the conditions, warranties and guarantees set out in the CGA shall not apply to, and are excluded from, your acquisition of Product, and other Services from us; and
  5. you may not claim any of the remedies set out in the CGA.
Warranties
1. Subject to clause 14.1, you acknowledge that the actual Product that you may receive may differ from photos on our Website, including minting/mintage stamps, year of production, finished/finishing quality, manufacturing standards, size and dimensions etc. However, we warrant that the content of precious metals in the Product that you receive will be the same as the stated content of the relevant Product on the Website and as detailed in the Purchase Order and/or Confirmed Order. Nothing in this clause is intended to limit your rights under the CGA.
2. You warrant that you are purchasing Product on your own behalf and not on behalf of anyone else and that you have provided us with the correct documentation and contact details.
3. Where we purchase Product from you, you warrant to us that you are the person lawfully entitled to sell the Product in accordance with the Purchase Confirmation Form, that all information provided is complete, accurate and correct and is not misleading.
4. In addition to any rights that you have under the CGA, we may (at our sole discretion) either:
  1. exchange;
  2. give you a credit up to the value of the original purchase price; or
  3. refund the original purchase price of any faulty or damaged Product that you have purchased, where:
    1. you return the Product to us within seven (7) days of delivery at your cost, together with a copy of the invoice and a claim specifically identifying the fault or damage(s); and
    2. we have a reasonable opportunity to investigate and verify the claim.
5. Where we require items for inspection and testing prior to us making a purchase, we will take reasonable care during inspection and testing, but shall not be responsible for any damage to any item where such damage arises from the inspection and testing process or is necessary in order to be able to determine the purity of any products that you have submitted to us for purchase by us.
Intellectual Property
1. All Intellectual Property Rights in and to the Website, the Services, and the software and other material underlying and forming part of the Website and the Services (“ Website Material”) is owned by us (and/or our suppliers and licensors), except where expressly stated in these Terms or elsewhere on the Website.
2. When using this Website and/or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use those software, tools or applications only as required for your use of the Website and the Services and as expressly permitted in these Terms.
3. You may download and print content from this Website for your own personal or internal business purposes only. You must not use, reproduce, store, publish, adapt, communicate to the public, distribute to third parties, amend, and/or create derivative works from any part of the Website or the Services without our prior written consent or otherwise do anything that would infringe our Intellectual Property Rights in the Website or the Website Material.
4. We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws and you agree to do anything necessary, including executing any documents, to give full effect to this clause 16.4.
Privacy: Any personal information we collect about you via this Website and the Services will only be used and disclosed by us in accordance with our Privacy Policy.
Limitation of liability
1. Subject to clauses 14.1 and 18.2, our total liability arising out of or in connection with our breach of these Terms, is limited to the greater of:
  1. $2,000; and
  2. the value of the relevant Confirmed Order or Confirmed Request relating to the breach.
2. We will not be liable whatsoever for any indirect, special or consequential loss or damage arising out of or in connection with our breach of these Terms relating to the supply of Product.
Force majeure: Neither party will be in breach of these Terms because of any failure on the part of that party directly or indirectly due to wars, strikes, lockouts, delays or defaults of manufacturers or suppliers, pandemics, acts of God or any other cause (whether similar or dissimilar) beyond that party’s reasonable control.
Variation
1. We may vary these Terms from time to time by notice in writing to you. Any variation will be effective as from the date specified in the notice provided to you ( Variation Effective Date) and if you use the Website and/or receive Services after the Variation Effective Date you will be deemed to have accepted the variation.
2. If you do not accept the variation to these Terms, you will not be penalised by us, however you may not make any further orders for Product, including Online Orders, or use the Website or the Services, following the Variation Effective Date.
General
1. These Terms are governed by the laws of New Zealand. Any and all disputes arising under this Agreement shall be settled exclusively before courts of competent jurisdiction in New Zealand.
2. By receiving our Services, you accept that it is your responsibility to determine whether and to what extent, any taxes, fees, charges or levies apply to any transactions you conduct through our Services.
3. If any provision of the Terms is held to be invalid, unenforceable or illegal for any reason, that provision must be read down to the extent necessary to preserve its operation. If it cannot be read down it must be severed, and the remaining parts of the Terms will remain in full force and effect.
4. If we do not exercise or enforce any rights available to us under these Terms that does not constitute a waiver of those rights.
5. You may not assign, transfer and/or subcontract any of your rights under these Terms.
6. We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electronic communication on the Website or through the Services.
7. For any complaints about our Services, please contact us at [email protected] or 0800 465 369.
8. For any other questions about the Website or the Services, please contact us at [email protected] or 0800 465 369.
9. In these Terms, (a) words importing the singular include the plural and vice versa; (b) the words “including” means “including but not limited to”; and (c) words importing gender include all genders.
10. These Terms (as amended in accordance with clause 20) contain the entire agreement between the parties with respect to its subject matter, and supersedes all prior understandings, communications and agreements either oral or written.

Last updated November 2023

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Terms & Conditions