TijarahGold is an online store that is managed by TijarahNet Sdn Bhd.
“TijarahGold “ or “we” means TijarahNet Sdn Bhd.
“Website” or “Site” means the internet website www.TijarahGold.com.
“Member”, "User" or “you” means the Buyer.
Member’s “Email Address” means Member’s email address registered with the TijarahGold Website.
“Order”, “Purchase Order” or “Purchase Contract” means an buying and selling agreement which is entered into by Buyer and TijarahGold.
"User Agreement" is an agreement between the Buyer and the Seller.
"User Content" is means content posted by you on the Website, including without limitation any images, testimonials, comments or reviews.
"Bullion" is a term that is used to describe Gold or Silver coin(s), bar(s) or round(s) which closely follow spot prices and have little or no Numismatic value (such as restrikes); and the form in which metal is shaped such as bars, ingots or wafers.
"Business Day(s)" means a day other than a Saturday, a Sunday or a public holiday under Malaysia law.
"Coin(s)” means a stamped piece of metal of a known weight and fineness.
"Fair Market Value” means the value of a Product as determined by TijarahGold, in its reasonable discretion.
"Market Gain" means when a Order, as the case may be, is cancelled by TijarahGold, Market Gain occurs when the Fair Market Value of the Product(s) on the date of the cancelled Order is greater than the original sales price of the Product(s) as it appears on the cancelled Order.
"Market Loss” means when an Order, as the case may be, is cancelled by TijarahGold, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the cancelled Order is less than the original sales price of the Product(s) as it appears on the cancelled Order.
“Numismatics” refers to the study or collection of anything used as a medium of exchange.
“Numismatic Coins” refers to a coin, the price of which depends more in its (their) rarity, condition, dates and mintmarks than on their Precious Metal content, if any.
“Precious Metal(s)” 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.
"Product(s)” means a Product that is the subject of an Order. A Product may include, without limitation, Bullion, a Coin, whether Numismatic, Semi-Numismatic or not, a Precious Metal, and/or supplies.
"Sale(s)” means the acquisition of Product(s) by a customer from TijarahGold, whether made through the Website, by telephone, in person, or otherwise, with the number, quality and price confirmed.
“Sale Order(s)” means an Order placed by a customer with TijarahGold for the acquisition by the customer of Product(s) from TijarahGold.
“Semi-Numismatic” means a Coin that has both Bullion and Numismatic value.
2. Minimum Orders
There is no minimum Order requirement imposed by TijarahGold. However, TijarahGold reserves the right to request for a deposit for Orders that are deemed as "significant" by TijarahGold in its sole discretion before the Order is accepted and the price is locked. A Buyer may check with our customer service team to determine whether a deposit will apply.
3. Locked-in Price
When buying online from us, the price at which your Order is submitted is the "locked-in" price. There are no added commissions. The only charges TijarahGold adds are for shipping, handling and insurance. Your confirmation number will be in your return email. The Order price is locked-in for 3 business days on all Orders. In this period of time, you will have to make your payment to TijarahGold. You must ensure that your payment is dated within 24 hours of the time of your confirmed Order and received by TijarahGold within 3 business days of your confirmed Order to realize your locked-in price.
4. Cancellations of Orders
Once the Order is confirmed, all prices are locked-in and there is a binding contract between you and TijarahGold for your purchase transaction. As such, any market risk for breach is transferred to you at the time the Order is confirmed. This is a benefit to you because you know your price at the point of Order confirmation time and we believe this is one of the key benefits of transacting with TijarahGold. You have no right to cancel your Order(s). However, if you default in your performance of payment, shipment or any other act required, we may cancel your Order(s). We reserve the right to cancel any Order at any time and for any reason. Any Order cancellations are subject to cost due to market loss plus a cancellation fee. if there is market loss to TijarahGold at the time of cancellation, it will be calculated and added to the published cancellation fee. If applicable, you agree you have full responsibility and liability to TijarahGold for any cancellation fee and/or market loss and you agree to remit immediately (upon notice) to TijarahGold. All future orders will be put on hold until payments are made. Any market gain on Order cancellations vests in and shall remain the property of TijarahGold.
5. Order Changes
Once an Order is submitted, the order cannot be changed. We suggest that you take the time to decide on exactly what you want to order before submission.
After you submit an Order, you need to ensure that payment is done immediately and received by TijarahGold within 3 Business Days from the date your Order is placed in order to realize your locked-in price. If you default or payment is not completed in a timely manner, TijarahGold reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your Order; (c) close your account; and/or (d) preclude you from placing future Orders from TijarahGold. Our suggestion to our customers is to always make payments immediately preferably on the same day that the Order is placed in order to avoid any possible default and to realise the locked-in price. If you default or do not make the payment in a timely manner, you may be liable for market loss.
7. Payment Options
We accept payment by bank transfer or check only. We will only ship the order once payment is received.
i. Collection Period on Checks
We deposit all checks for collection and the typical period before we authorize shipment is from 3-5 Business Days after the check is cleared by the banking system and the funds have reached TijarahGold's bank account.
ii. Bank Transfer
Once you have placed an Order, you will need to provide the proof of payment to TijarahGold. Once we have confirmed the receipt of the funds, we will ship the product.
TijarahGold has the right to refuse any payment method in its sole discretion.We reserve the right to refuse any Order deemed questionable or of significant risk to TijarahGold regardless of payment method and price confirmation and in such case, you waive any right to any claim or actual damages of any kind or nature whatsoever.
We currently accept payments for Orders in Malaysia Ringgit (MYR).
9. Shipping Your Product
Packages sent registered and insured mail can take an average 2-3 weeks to receive.
10. Insurance for Orders
i. TijarahGold insures all of its Order shipments to you for the sale value of the enclosed Product purchased from TijarahGold, subject to the following limitations. We must be notified of a lost package within thirty (30) days from the ship date of your order. 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.
ii. Neither we nor our insurance company, accepts (and we specifically disclaim) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without the need for your signature.
iii. Neither we nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbor or a drop-off location. In any such case, your package will not be covered for insurance by TijarahGold 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 filing 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 TijarahGold, nor our insurance company or carrier, will have any liability to you.
iv. 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 will file a claim. Once the claim is filed, we reserve the right to re-deliver your items or refund your money at our discretion, and TijarahGold 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.
11. 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 delay delivery of your Order(s) up to 28 calendar days (from your expected shipping date) to fulfill your Order. Provided that you have not defaulted in any term of your completed transaction, even if the price were to rise, your price is locked-in.
We will deliver Bullion (non-Numismatic) Product within 28 calendar days. If your Order included a Numismatic or supply item from TijarahGold and we are sold out, we will either place it on back order, attempt to locate another or refund your original sales price, in our sole discretion. If a refund is provided or there is any delay in sending your Products, you waive any right to any claim or actual damages of any kind or nature whatsoever.
12. Duties and Taxes
All duties and taxes must be paid by the customer on Order(s) delivery. You may be subject to taxes and/or duties for your Order from TijarahGold. TijarahGold always declares the full value of the shipment on any customs form. There are no exceptions to this rule.
13. International Delivery Requirements
If your Order is returned to TijarahGold due to your refusal to pay duties or taxes or if the shipping company was unable to deliver your Order, you agree you are responsible for any return shipping fees, additional duties, or applicable taxes for returning the package back to TijarahGold. In addition, if your package is returned to TijarahGold, we will not reship your Order unless and until we are paid in full for any return shipping costs, duties, taxes we have had to pay or advance for you as well as any subsequent re-delivery fees back to you. International returns on Orders are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company so your package is not returned to TijarahGold, subjecting you to unnecessary taxes, duties, shipping costs or delays. The re-delivery process could take 6 weeks or longer to complete when packages are not received as they should be. If you have any questions about your international shipment, please send an inquiry to customerservice@TijarahGold.com.
14. Return Policy
We do offer a return policy because we want our customers to be fully satisfied with their purchase. At your request, we may, but are not obligated to, provide you with an opportunity to exchange a Product for an identical Product in the event of a material defect. If we agree to do so, such exchange must be made within fourteen (14) Business Days from the date on which the customer receives his or her Product(s) and only to those customers who timely and properly notify us. If approved, we will provide you the instructions on how to exchange your items. Shipping and handling charges are non-refundable. For approved exchanges, you must follow all instructions provided by Customer Service, including carefully packaging the Product. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. TijarahGold reserves the right, at its sole discretion, to reject any exchange that does not comply with these requirements. If an exchange is requested, we reserve the right to accept or refuse the exchange request in our sole discretion, and to require you to pay for any Market Loss on approved exchanges. Any Market Gain on refunds shall vest in and remain the property of TijarahGold.
All investments involve risk; Coins and Bullion are no exception. The value of a Bullion Coin 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. TijarahGold 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.
16. Market Loss Policy
When you buy from TijarahGold, once we have issued an Order confirmation, you have a binding contract with TijarahGold and the Order price is locked-in and any corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Order confirmation time and we believe this is one of the key benefits of transacting with TijarahGold. If you default in your performance of payment, shipment or any other act required by you, we may cancel your Order(s). If your Order(s) is cancelled, you agree you have full responsibility and liability to TijarahGold for any Market Loss, plus a cancellation fee. You must also pay, and have full responsibility and liability to TijarahGold for all fees and costs associated with TijarahGold’s efforts in collecting from you. Any Market Gain on Order cancellations shall vest in and remain the property of TijarahGold, and TijarahGold shall have no responsibility to you for Market Gain. We reserve the right to cancel any Order at any time and for any reason. All future Orders will be held for shipment until any/all outstanding Market Loss and/or cancellation fee balances have been paid in full.
17. Absence of Relationship
The sole relationship between TijarahGold 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 TijarahGold and you exists.
18. Dispute Resolution
19. Force Majeure
If TijarahGold cannot perform any obligation hereunder as a result of any event that is beyond its control, TijarahGold’s delay or failure to perform such obligation shall be excused and TijarahGold shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
20. Recording of Phone Conversations
TijarahGold may record phone conversations between us, and you expressly consent to the recording of such phone conversations.
21. Absence of Waivers
22. 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, TijarahGold shall have the right, at our sole discretion, to refuse or cancel any Orders placed by or sent to you for that item. We will either contact you for instructions or cancel your Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending you your Products or your payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the User Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
TijarahGold may amend the User Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately.
26. User Content and Conduct
At times, if and where applicable at the Website, you may be invited to post User Content. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another or to us, is your sole responsibility. Though the Website is designed to be a safe place to share such User Content, TijarahGold cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential or do not want others to use, do not post it to the Website. Under no circumstances will TijarahGold be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. The TijarahGold entities are not responsible for a user’s misuse or misappropriation of any User Content you posted at the Website. By posting any User Content at the Website, you hereby grant TijarahGold and its designees a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part), throughout the world in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you or otherwise have the right to grant the license set forth in this section; and (b) the posting of your User Content at the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you post at the Website. You acknowledge and agree that TijarahGold may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claim(s) or assertion(s) that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TijarahGold, its users and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to TijarahGold worldwide. Posting of User Content to or through the Website, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. TijarahGold shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. TijarahGold shall be entitled to unrestricted use of any User Content it may receive from you at the Website, for any purpose whatsoever, commercial or otherwise, without compensation to you as the provider of the User Content.
You agree that you will not use the Website to:
- upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to a representative of TijarahGold, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
- upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- "stalk" or otherwise harass another; or
- collect or store personal data about other Website users.
You understand that by using the Website, you may be exposed to User Content created by others that is offensive, indecent or objectionable. TijarahGold does not endorse or have control over User Content. User Content is not reviewed by TijarahGold prior to posting and does not reflect the opinions or policies of TijarahGold. TijarahGold makes no representations or warranties, express or implied as to User Content or the accuracy and reliability of User Content or any other material or information that you may access through the Website. TijarahGold assumes no responsibility for monitoring the Website for inappropriate submissions or conduct. If at any time TijarahGold chooses, in its sole discretion, to monitor the Website, TijarahGold nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Website users submitting any such User Content. Notwithstanding the foregoing, TijarahGold and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in TijarahGold’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Website users. TijarahGold reserves the right, but has no obligation, to monitor disputes between you and other Website users and to terminate your Website access if TijarahGold determines, in its sole discretion, that doing so is prudent.
28. Use of the Site
This website and its contents, including photography and other TijarahGold-owned assets, (the “Content”) are intended for customers of TijarahGold. You may not use this website or the Content for any purpose not related to your business with TijarahGold. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with TijarahGold; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any TijarahGold product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in TijarahGold’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information. You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
29. Intellectual Property
All materials, including the organization and presentation of such material, on this website, including wholly owned brand assets such as photography (the “Materials”) are the property of TijarahGold and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights. Unless you have entered into a separate agreement with TijarahGold, any other use of these Materials without TijarahGold's written permission is prohibited. Action taken as a result of use of Materials without express written permission from TijarahGold is at the discretion of TijarahGold and our legal team.
TijarahGold and any other product or service name or slogan contained in the Website are trademarks of TijarahGold and may not be copied, imitated or used, in whole or in part, without the prior written permission of TijarahGold or the applicable trademark holder. You may not use any “hidden text” utilizing “TijarahGold” or any other name, trademark or product or service name of TijarahGold without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TijarahGold and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.