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Terms & Conditions
- Eligibility to Transact: This website (https://preciousmetals.td.com/shop/en/tdmetals) is a digital marketplace in which TD Canada Trust ("TD") may offer for sale certain precious metals products. These products and services are available only in Canada to Canadian residents who are of the age of majority in their province or territory of residence. Items purchased through the TD Precious Metals digital store will be delivered to Canadian residential addresses or to a TD branch. Nothing on the TD Precious Metals digital store constitutes an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.
These TD Precious Metals Terms and Conditions (the "Terms") apply when you use this website and the TD Precious Metals digital store. It is a legally binding agreement between you and TD.
By accepting these Terms, you confirm that you: (1) are the age of majority in the province you reside; (2) have read these Terms; and (3) agree to be bound by these Terms. You should print or download and save these Terms. These Terms are available at the time of registration and at https://preciousmetals.td.com/shop/en/tdmetals/terms-conditions. If you do not wish to accept these Terms, please note that you will not be able to use the TD Precious Metals digital store.
You have been provided with a French and English version of this TD Precious Metals Terms and Conditions and you have agreed that it may be drawn up in English. You also agree that all documents related to this agreement may be drawn up in English. Vous avez reçu une version française et anglaise des présentes termes et conditions de Métaux Précieux TD et vous avez accepté qu'elles soient rédigées en anglais. Vous acceptez également que tous les documents liés à cet accord puissent être rédigés en anglais.
- Consent to TD Handling of Your Personal Information and Privacy Policy
You consent to Our Privacy Policy.You agree that TD (which includes The Toronto-Dominion Bank and affiliated companies) may handle your personal information as we set out in our Privacy Policy. You can find our Privacy Policy online at td.com/privacy.You have choices.The Privacy Policy outlines your options, where available, to refuse or withdraw your consent.
Here is a summary of our Privacy Policy.
We collect, use, share and retain your information to:We collect information (for the purposes set out above) from you and others including:
We may share your information (for the purposes set out above) with these parties. Some of them may be
located outside your province/territory or outside Canada:
We retain your information:
We keep your information for as long as we reasonably need it for the purposes set out above.We may communicate with you:
We may communicate with you about your application. And about your existing and other products and services that may be of interest to you. We may contact you by mail, phone at the number(s) you have provided, text, email or other electronic methods.You can opt out of receiving offers or choose how we contact you for marketing campaign purposes. To do so, call us at 1-866-222-3456.
- Use an Anti-Virus Program, Anti-Spyware Program and Firewall; Signing-Off: The electronic device you use may be vulnerable to viruses or online attacks that seek to intercept or alter information including sensitive information that you provide through the internet. To reduce the chance of harm, you should take all reasonable precautions, including ensuring that any electronic device you use to access the TD Precious Metals digital store has an up-to-date anti-virus program, anti-spyware program and a firewall, if such security measures are available for your electronic device. To prevent unauthorized access to your account, you should sign-off of the TD Precious Metals digital store site, close your browser, or sign-off of the mobile applications used by you for Mobile Banking, as soon as you finish using them.
- Information on Site is General Only: The information on this site is general only. It is not intended as specific investment, financial, legal or tax advice and you should not rely on it as such. We may change the information on this site at any time without prior notice. Prices of metals, exchange rates, interest rates and other market information may change rapidly. Past prices, rates and other market information is not indicative of future performance of the same.
- Transaction Limits: TD will assign a maximum daily transaction limit but shall have the right to modify this limit at any time without notice to you. You can find limits at https://preciousmetals.td.com/shop/en/tdmetals/metal-support.
- TD Secure Storage Costs: The client's TD Secure Storage account will be charged a single monthly fee, on the 1st of each month, for the fee period comprised of the preeceeding calendar month. The fee will be the sum of the monthly charges for each ounce of product, each type of metal (gold, silver, platinum) in storage, with a defined minimum account fee of $9.95/month. You can find the limits at https://preciousmetals.td.com/shop/en/tdmetals/metal-support
- Bullion Market Price and Availability Change: The parties hereto agree that the bullion products TD offers for sale are commodities traded on various markets, and that the market price and availability of such bullion change constantly in accordance with the market forces and supply and demand. We reserve the sole and absolute discretion to set the sale and buy-back prices for all products and bullion offered by us.
- Purchases: Items available for purchase will be displayed on the TD Precious Metals digital store, however certain items listed on the website may not be available at all times. Items may not always be exactly as shown and the dimensions and weight of such items are approximate. The TD Precious Metals digital store will show an indicative price for each item, which is not the final price of the item. The indicative price approximates the sale price of that item, but the final sale price is subject to any fluctuations in the price of the relevant precious metal between the time of display, the time that an order is confirmed, and the payment method selected. The final price will only be displayed when you reach the final checkout page and complete your order within the time limit indicated on the checkout page. Prices on the checkout page will generally be updated every 15 minutes. If you do not complete your order within this time, you will need to reprice your order, which may be executed at a different price. Any applicable taxes, shipping and administration fees will be added to your order and displayed at the final checkout page. Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping charges. The final checkout page will list all relevant transaction details and charges and, after reviewing this information to confirm its accuracy, you will be asked on the final checkout page to click the Complete Order button. Clicking the Complete Order button will mean that you agree to purchase the listed items at the listed prices on the terms set out in these Terms and Conditions. You should carefully review all the transaction details on the final checkout page to ensure that they are correct before clicking the Complete Order button.
In circumstances when your order cannot be fulfilled for reasons such as lack of inventory, system or payment interruption, you will be contacted.
- Changes to or Removal of the Services: You understand that we may add, remove or change any part or feature of the TD Precious Metals digital store, the Information Services or the Web Site at any time, without giving notice to you, in which case these Terms and Conditions will continue to apply in respect to your past access. TD will not be liable for any losses or inconvenience that result from changes to or removal of the services.
- Shipping: If you selected physical delivery, We reserve the right to substitute a different shipping method other than that which you selected on your order.Please note: TD Precious Metals cannot deliver to P.O. Boxes (Post Office Boxes). Please select in-branch delivery. We will issue the full value of your shipment to the address provided when your order was placed. Your signature is required on each shipment, indicating that the package is received in acceptable condition.
Accepting and signing for a damaged package voids insurance, and any losses or damages to product will not be covered. If your package shows evidence of damage, repairs, or having been opened and re-sealed, refuse to sign and refuse to accept the shipment. Instruct the carrier to return the package to the sender, and contact TD immediately to report the issue at:
- Physical Delivery: If you selected physical delivery, Items will be delivered by a courier service selected by TD. It is your responsibility to ensure the information related to your TD Precious Metals digital store order is accurate. Home deliveries are subject to the terms and conditions of the courier service, which can be found at www.canadapost.ca. Please note: TD Precious Metals cannot deliver to P.O. Boxes (Post Office Boxes). Please select in-branch delivery. You agree to these Terms and Conditions when you place an order through the TD Precious Metals digital store. You agree that the courier may leave any items with any person who appears to be an adult at the delivery address and that neither the courier nor TD has any duty to verify the age or identity of the recipient. It is your responsibility to ensure that you have made proper arrangements for the receipt of the parcel containing the items you have purchased as TD accepts no responsibility for items that have been delivered in accordance with the terms and conditions of the courier. If the courier is unable to complete the delivery (after at least one attempt) a notice will be left with instructions for you to pick up the order. If you do not pick up the order within 15 calendar days after the day on which the notice was left, the contents of the package will be sold back to TD at our then-current prices plus our normal fee for this service. The purchase price may be greater or lesser than the one in place at the time that you purchased the item. You will have no other remedies against TD in respect of a shipment that has not been picked up.
- TD Secure Storage: Secure vaulted storage allows TD customers to purchase precious metals without the need to take physical delivery. Products purchased and stored with TD Secure Storage are held in a secure, insured environment at a vault in Toronto, Ontario operated by Brinks. It is your responsibility to ensure the information related to your TD Precious Metals digital store order is accurate. You agree to these Terms and Conditions when you place an order through the TD Precious Metals digital store.
- Cancellation/Returns: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, TD will attempt to notify you but assumes no liability for failure to do so. You may not cancel an order after you have clicked on the Complete Order button on the final checkout page. After clicking the Complete Order button, all sales are final. While TD may in its sole discretion from time to time be willing to buy back items you have purchased, repurchase of any collector coins sold on the TD Precious Metals digital store site will be at prevailing market rates. Requests for cancellation of order due to damage, incorrect or missing items will be reviewed on a case-by-case basis. Requests can be made by contacting the TD Precious Metals Support Desk at TDPreciousMetals@td.com, Monday to Friday, 9am EST - 4:30pm EST.
- Incorrect Shipments: If you have received an incorrect item, please contact the TD Precious Metals Support Desk at TDPreciousMetals@td.com, Monday to Friday, 9am EST - 4:30pm EST. Upon receipt of the incorrect item, TD will ship you the correct item at its own expense and will reimburse you for any shipping charges incurred by you in returning the incorrect item. Otherwise, we will repurchase the incorrect item from you at our then current prices plus our normal fee for this service. This purchase price may be greater or lesser than the one in place at the time that you purchased the incorrect item. You will have no other remedies against TD in respect of an incorrectly shipped item.
- Confirmations of Transactions: Upon submission of a purchase order on the TD Precious Metals digital store, TD will send you an email confirming the relevant details of the items purchased and the applicable purchase price and related charges. For orders delivered directly to your residence, when your order has been shipped, TD will send you an email to the email address you provided advising you of that fact and provide a tracking number for the shipment. The transaction details contained in this confirmation email will be taken as correct, absent manifest error. For orders shipped to a TD Canada Trust location, the branch will contact you at the phone number provided upon purchase when your order is ready for pick-up.
- No Liability for Use of Site: TD will only be liable to you for direct damages that are finally judicially determined to have resulted from our gross negligence, fraud or willful misconduct. TD WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE INABILITY TO USE THIS SITE OR THE SITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF TD OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OF EXPENSES. In no circumstances will TD be liable to you for any damages resulting from:
- Your failure to sign off of the TD Precious Metals digital store after you have finished using it;
- Your failure to comply with any of your obligations under these Terms and Conditions or the Legal Notices;
- Your failure to use up to date anti-virus software, anti-spyware software and a firewall on the Electronic Device you use to access the TD Precious Metals digital store, if such security measures are available for the Electronic Device you used;
- Government restrictions or actions, exchange or market rules or the suspension of trading; or
- A situation in which the TD Precious Metals digital store is unavailable for any reason, or is available but subject to delays or errors. These limitations apply to any act or omission of us or our employees, officers, directors, affiliates, agents or suppliers, including any negligent acts or omissions of such persons, and to any Losses resulting from such act or omission, even if we were advised of the possibility of damages, regardless of the form or the basis of action, including a cause of action in contract, tort (including negligence), statute or any other doctrine of law.
- Applicable Law: Except where prohibited by the laws of your jurisdiction, this site and your use of the TD Precious Metals digital store will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.
- Electronic Communications: You consent to us communicating with you electronically, through the TD websites, including through the TD Precious Metals digital store, or email (electronic means). We may also communicate with you or send you notifications by mail. Communications with you by electronic means have the same legal effect as if they were provided on paper. You will not dispute any communication with us on the basis that it was signed, delivered, received or entered into by electronic means.
- Email Disclaimer: Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.
- Other TD agreements: These Terms are in addition to and do not replace any other agreement you may have with us, including theFinancial Services Terms and Cardholder and Electronic Financial Services Terms.
- Electronic Terms and Signatures are Binding: Terms you agree to electronically, including using any electronic information unique to you, which you create or adopt to show your acceptance (the "Electronic Signature"), are binding and have the same legal effect as if they were written down on paper. You will not dispute any agreement, or other terms, with us on the basis that it was delivered, received or entered into electronically, including using an Electronic Signature.
- Electronic Records are Equivalent to Paper Records: Our records regarding any purchases on the TD Precious Metals digital store are final and conclusive (including electronic data and records). These records will be admissible in any legal, administrative or other proceedings, and will be conclusive evidence of the contents of those records the same as if they were original paper records. You waive any right to object to the introduction of any such electronic data or records into evidence.
- Contact Information and Complaints : For product or service inquiries, you can speak with us in-branch or via email at TDPreciousMetals@td.com. If any complaints arise, you can contact us in the way most convenient for you. To do so, follow the process set out below:
Step 1: Voice Your Complaints
To tell us about your complaint, please use the contact information provided below:
- In Person: Visit one of our branches.
- Email:customer.service@td.com
- Toll-Free Call: 1-833-259-5980
Step 2: Escalate Your Complaints – TD
If your complaint remains unresolved, you can escalate your complaint in the following ways:
- Ask the individual you are dealing with in Step 1 to escalate on your behalf, or
- Escalate the complaint directly with Customer Care, using the following contact information:
- Email: customer.care@td.com
- Toll-Free Call: 1-888-661-9029
Step 3: Escalate Your Complaints - Senior Customer Complaints Office
If your complaint remains unresolved, you may contact the Senior Customer Complaints Office in any of the following ways:
- Email: td.scco@td.com
- Toll-Free Call: 1-888-361-0319
- Mail: Attn - Senior Customer Complaints Office, P.O. Box 1, Toronto-Dominion Centre, Toronto, Ontario M5K 1A2
Step 4: Escalate Your Complaints - External Ombudsman
If you complete Steps 1 - 3 and your complaint remains unresolved, then you can contact the external ombudsman in the following ways:
- Website: www.bankingombuds.ca
- Email: contact@bankingombuds.ca
- Toll-Free Call: 1-800-941-3655
- Mail: Ombuds Office (ADRBO), P.O. Box 1006, 31 Adelaide Street East, Toronto, Ontario M5C 2K4
Financial Consumer Agency of Canada
You can contact the FCAC with a complaint about a potential violation of any of the following:
- A federal consumer protection law
- A public commitment
- An industry code of conduct
To do so, use the contact methods below:
Website: fcac-acfc.gc.ca
Toll-Free Call: English: 1-866-461-3222 (English); 1-866-461-2232 (En français)
Mail: Financial Consumer Agency of Canada, 427 Laurier Avenue West, 6th Floor, Ottawa, Ontario K1R 1B9
The FCAC does not become involved in matters of redress or compensation. To address these requests, follow the process described above in Section 23.
| Contact: | TD Precious Metals Support Desk |
| Monday to Friday, 9am EST - 4:30pm EST | |
| Email: | TDPreciousMetals@td.com |