Terms of service

HLBullion – Terms of Trade (Australia)

Havilah Liberty Pty Ltd (trading as HLBullion) 

1. About these Terms

1.1 These Terms of Trade (Terms) govern all dealings between Havilah Liberty Pty Ltd (HLBullion) (we/us/our) and any customer (you/your), including where you:

(a) buy bullion from us; (b) sell bullion to us (buy-back); (c) request quotes or price locks; (d) attend an appointment in person; and/or (e) arrange third-party storage via us.

1.2 These Terms apply to online, phone, email and in-person transactions (including transactions at our premises or at a location agreed with you).

1.3 If there is any inconsistency between these Terms and a written agreement signed by both parties for a particular transaction, the signed agreement prevails only to the extent of the inconsistency.

2. Definitions

In these Terms:

AUSTRAC means the Australian Transaction Reports and Analysis Centre.

AML/CTF Law* means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the AML/CTF Rules (as amended).

Appointment means an in-person meeting arranged for a transaction, including at our premises or your premises.

Bullion means precious metals in the form of bars, wafers and coins meeting applicable fineness/market conventions and falling within AUSTRAC’s bullion dealer framework (as applicable to our designated services).

Business Day means a day other than a Saturday, Sunday or public holiday in South Australia.

Cleared Funds means funds received by us and not subject to reversal, chargeback, recall or pending status.

Locked Price is binding and subject to clause 6.

Order means your request to buy bullion from us.

Second-Hand Goods Laws (SA) means the Second-hand Dealers and Pawnbrokers Act 1996 (SA) and associated regulations/requirements, including record keeping and holding/retention rules.

Sell-to-Us Transaction means you selling bullion or second-hand goods to us (buy-back).

Third-Party Storage Provider means an independent vaulting/custody provider not operated by us.

3. Acceptance of these Terms

3.1 You accept these Terms when you:

(a) request a quote; (b) request or accept a Locked Price; (c) place an Order; (d) make a payment; (e) attend an Appointment; (f) deliver goods to us for assessment or sale; or (g) otherwise transact with us.

3.2 Acceptance may occur by conduct, electronically (including via website checkout), verbally (including by phone), or in writing.

4. Geographic limits and transaction types

4.1 We sell and transact within Australia only. We do not ship or sell internationally.

4.2 We may refuse to deal where a transaction appears to have an overseas element that creates compliance or delivery risk.

5. Bullion trading risk disclosure (volatility and execution)

5.1 You acknowledge that precious metals markets are volatile, and prices can change rapidly.

5.2 Any price is indicative only and may change at any time (including between quote, payment and order placed and locked in by HLBullion to our suppliers). For any bullion price increase variation above 5% due to spot price movements, we will seek approval from you before proceeding.

5.3 You acknowledge that once a Locked Price is agreed, it is binding and may create obligations (including default loss recovery) under clause 13.

6. Pricing, quotes and Locked Price mechanics

6.1 Pricing basis. Our prices reflect spot market references, product premiums/discounts, hedging/market costs, availability, margins, and other costs.

6.2 How a price becomes locked. A price is Locked only when all the following apply:

(a) you have accepted the quote issued by us either verbally or electronically; and

(c) you meet any conditions we specify (including compliance and payment conditions); and

(d) HLBullion have successfully procured your bullion associated with your order

6.3 Lock window. We may specify a lock period at our discretion (e.g., minutes for retail trades; longer by agreement). If the lock expires before acceptance and settlement conditions are met, a new quote applies.

6.4 Obvious error. If a price is published or quoted due to a manifest error (including technical, data feed, typographical or calculation error), we may cancel or re-quote the transaction prior to completion.

6.5 Market disruption. We may suspend quoting/locking during abnormal market conditions, exchange disruptions, banking outages, transport disruptions, delays in standard processing procedures, or other events beyond our control. We reserve the right to pause trading as we deem appropriate.

7. Orders, acceptance and formation of contract

7.1 Your Order is an offer to transact. We are not obliged to accept any Order.

7.2 Your quote acceptance is an offer to transact. We are not obliged to fulfill any quote issued.

7.3 A binding contract is formed only when we issue a trade confirmation (which may be verbal, email, invoice, SMS, or other written confirmation).

7.4 We may refuse, cancel or place conditions on any transaction prior to completion where we reasonably consider it necessary for stock, security, fraud prevention, HLBullion business sustainability or compliance reasons.

7.5 We reserve the right to exit any contract with you in the circumstance that we are unable to procure respective contracted product within what we deem to be a reasonable timeframe.

7.6 In the event that a payment has been made for purchase and contract has been voided, any payment for the respective contracted product will be returned in full withing 30 business days.

8. Payments (buying bullion from us)

8.1 Payment timing. Unless agreed otherwise, you must pay the full purchase price in Cleared Funds before we ship or hand over bullion.

8.2 Payment methods. We may accept bank transfer and other payment methods as notified. We may decline a payment method or impose conditions (including additional verification).

8.3 Third-party payers. If someone other than you funds the purchase, we may require additional information and verification, or refuse the transaction as part of our AML/CTF controls (see clause 11). Behaviours such as insisting on third-party payment without explanation are treated as risk indicators.

8.4 No crypto. We do not accept cryptocurrency at this time.

8.5 Fees and costs. You are responsible for any fees charged by your bank or payment provider. If we incur fees due to your payment choice (including chargebacks or reversals), you must reimburse us on demand prior to HLBullion shipping or handing over any bullion.

9. Delivery, shipping, collection and in-person handover

9.1 Shipping within Australia only. We ship to Australian addresses only.

9.2 Estimated delivery times. Delivery times are estimates and not guarantees.

9.3 Insurance and signature. We use insured courier services only and require signature on delivery. You must ensure safe receipt and secure storage upon delivery. Should you send a third party to collect the product, this should be pre-approved with HLBullion.

9.4 Risk and title. Risk transfers to you upon delivery to the nominated address (or upon handover at collection/appointment), subject always to clause 10 (title).

9.5 Incorrect details. You are responsible for correct delivery details. We are not liable for loss arising from incorrect details you provide.

9.6 Collection/appointment controls. We may require identification at collection or appointment and may refuse handover where identity cannot be verified or the transaction is not settled.

10. Title (ownership), reversals and recovery

10.1 Title to bullion sold by us does not pass to you until we receive Cleared Funds in full and HLBullion deem the transaction complete.

10.2 If payment is reversed, recalled, charged back or otherwise invalidated after handover, title does not pass and you must immediately return the bullion (at your cost) or pay us the replacement value on demand.

10.3 You grant us authority to take reasonable steps to recover bullion or its value where clause 10.2 applies.

11. AML/CTF compliance (AUSTRAC) – conditions of dealing

11.1 Reporting entity obligations. We have obligations under AML/CTF Laws in relation to our bullion dealing activities and risk profile.

11.2 Identity verification is mandatory. You agree to provide identification and information we reasonably require to comply with AML/CTF Laws and our AML/CTF Program, including for beneficial owners and controllers where relevant. Our program includes standard client due diligence (CDD) information requirements and document types for individuals, companies, trusts and SMSFs (including but not limited to; driver’s licence/Medicare/bank card for individuals; ASIC extract/constitution/incorporation certificate for companies; certified trust deed and amendments for trusts/SMSFs).

11.3 Enhanced due diligence. We may apply enhanced due diligence where you are assessed as higher risk, a politically exposed person (PEP), have complex structures, or exhibit suspicious behaviour.

11.4 Ongoing due diligence. We conduct ongoing monitoring and reviews, including transaction monitoring, maintaining a cash transaction control sheet, and periodic reviews (standard clients annually; high-risk clients quarterly).

11.5 Discrepancies and freeze. If there is any discrepancy in client information or identity concerns, you agree we may freeze transactions until resolved.

11.6 Threshold Transaction Reports (TTRs). If a designated service involves a cash transaction of AUD $10,000 or more, we must report it to AUSTRAC within 10 business days.

11.7 Suspicious Matter Reports (SMRs). Where required, we may lodge SMRs within applicable timeframes (including urgent reporting for terrorism-related matters).

11.8 No obligation to disclose. You acknowledge we are not required to tell you whether we have made (or will make) a report to AUSTRAC. (This is standard practice for reporting entities.)

11.9 Refusal / delay. We may refuse, delay, cancel, or unwind a transaction if we cannot complete required AML/CTF checks or if we assess the ML/TF risk as unacceptable.

11.10 Source of funds / wealth. We may request information on your source of funds/wealth and purpose of transaction. For larger cumulative activity, we may request additional evidence (including evidence of income where cumulative purchases in a 12-month period exceed set thresholds used in our AML controls). 

12. Second-hand goods compliance (South Australia) – buy-backs and prescribed goods

12.1 Where a Sell-to-Us Transaction involves second-hand goods captured by the Second-Hand Goods Laws (SA), you acknowledge and agree that we must comply with statutory requirements, including keeping records and complying with retention/holding requirements.

12.2 Information and ID. You must provide valid identification and transaction details as required for our statutory records (and AML/CTF requirements).

12.3 Labelling / identification codes. We may label goods with an identifying code to enable traceability in our business records (consistent with SA Police overview expectations for prescribed goods handling).

12.4 Retention/holding period (pre-sale). If goods are required to be retained under SA requirements, you acknowledge we may be prohibited from offering or disposing of those goods for a minimum period (commonly described as 10 days, with a potential reduction where full purchaser details and verification are recorded).

12.5 Right to refuse. We may refuse to buy goods if you cannot satisfy identification, ownership, or statutory requirements, or where we reasonably suspect theft/fraud, or at our discretion in the best interest of HLBullion.

12.6 Law enforcement and compliance. We may be required to provide information to police or regulators consistent with our legal obligations.

13. Customer default after lock (market loss recovery)

13.1 If you accept a Locked Price and then fail to settle (including failing to pay within the required timeframe, failing AML/CTF checks, or otherwise failing to complete), you agree that we may:

(a) cancel the transaction;

(b) sell or hedge out the position as we reasonably determine; and

(c) recover from you on demand our loss, which may include adverse market movement, hedging costs, fees, and reasonable administrative and enforcement costs.

13.2 This clause is necessary due to rapid bullion price movements and the risk created by locked pricing. 

14. Returns, refunds, cancellations and “change of mind”

14.1 No change-of-mind returns. Due to market volatility and the nature of bullion trading, we do not accept change-of-mind returns or cancellations after a Locked Price is accepted.

14.2 Consumer guarantees (ACL). Nothing in these Terms excludes your rights under the Australian Consumer Law (ACL). Where ACL consumer guarantees apply (for example, where goods are faulty or not as described), we will provide remedies required by law.

14.3 Tamper / packaging / condition. Where a return is required by law, you must keep goods in original condition and packaging (including mint packaging where applicable). We may require inspection/verification before a remedy is provided.

15. Authenticity, verification and product variation

15.1 We take reasonable steps to source and verify products. However, you acknowledge:

(a) mint packaging and specifications can vary by year/series;

(b) minor cosmetic variations may occur; and

(c) you should review product descriptions and images which may be indicative.

(d) once you accept the product you assume from us, any further risk associated with the product.

15.2 For Sell-to-Us Transactions, we may test/verify items and may refuse purchase where authenticity cannot be established to our satisfaction, or at our discretion.

16. Sell-to-Us Transactions (buy-back) – process and payment

16.1 Quote and acceptance. Buy-back quotes may be indicative until we inspect/verify the goods and confirm final acceptance. Final acceptance is deemed given once we pay you the purchase price agreed.

16.2 Condition and deductions. We may adjust price for condition, damage, missing packaging, or where refining is required.

16.3 Payment timing. Payment for buy-backs may be delayed pending:

(a) identity verification; (b) AML/CTF checks; (c) second-hand goods record/holding requirements; and/or (d) authenticity verification.

16.4 Title transfer. You warrant that you have good title to the goods and the right to sell them to us. Title passes to us upon our acceptance (and as otherwise required under applicable laws).

17. Third-party storage (independent providers)

17.1 Not a custodian. Where we facilitate storage, the Third-Party Storage Provider is the custodian. We do not operate the vault, do not control the premises, and do not insure the vault unless expressly stated in writing.

17.2 Separate contract. Your storage is governed by the Third-Party Storage Provider’s terms. You must enter into (and comply with) the provider’s storage agreement.

17.3 Allocation and access. Allocation type (allocated/unallocated), insurance arrangements, access rules, delivery-in/out fees, audit rights, and liability are determined by the provider.

17.4 Our role and liability. To the maximum extent permitted by law, we are not liable for the acts, omissions, insolvency, security failures, or service interruptions of the Third-Party Storage Provider. We may assist you to liaise with the provider as a convenience.

17.5 AML/CTF still applies. Storage onboarding and movements may still require AML/CTF identification and monitoring consistent with our AML/CTF Program.

18. Record keeping and privacy

18.1 AML/CTF record retention. We retain required transaction and identification records for 7 years and store them securely with restricted access, consistent with our AML/CTF Program.

18.2 Privacy. We collect, use and disclose personal information as required to provide services and to meet legal obligations (including AML/CTF and second-hand goods compliance). We may disclose information to AUSTRAC, law enforcement, regulators, and service providers where required or authorised by law.

19. No financial product advice

19.1 We do not provide financial product advice, investment advice, taxation advice, or personal recommendations. Any commentary is general information only.

19.2 You must rely on your own judgment and obtain independent advice if needed.

19.3 You agree that you do not seek, and that we have not provided financial advice.

20. Force majeure and market disruption

20.1 We are not liable for delay or failure caused by events beyond our reasonable control, including exchange interruptions, banking outages, courier disruptions, refinery delays, government actions, natural disasters, or security incidents.

20.2 We may suspend trading, cancel quotes, extend settlement deadlines, or delay delivery where necessary. 

21. Limitation of liability (to the extent permitted by law)

21.1 To the maximum extent permitted by law, we exclude liability for indirect or consequential loss (including loss of profit, opportunity, or business interruption).

21.2 Where liability cannot be excluded, our liability is limited (at our option) to:

(a) replacement of the goods; (b) re-supply; or (c) the amount paid for the goods, except where ACL requires otherwise.

21.3 You acknowledge that we are not responsible for losses caused by your failure to securely store bullion after delivery/handover. 

22. Customer warranties and indemnities

22.1 You warrant that all information you provide is true, accurate, and not misleading.

22.2 For Sell-to-Us Transactions, you warrant that:

(a) you own the goods free of encumbrances;

(b) the goods are not stolen, counterfeit, or proceeds of crime; and

(c) you are legally entitled to sell them.

22.3 You indemnify us against losses, claims, penalties and costs arising from your breach of clause 22.2, to the extent permitted by law.

23. Fraud prevention and refusal of service

23.1 We may refuse service, cancel transactions, or impose conditions where we reasonably suspect fraud, identity misuse, structured cash behaviour, or other ML/TF indicators (including behaviour patterns such as structuring below $10,000 cash, rapid in-and-out trading inconsistent with profile, or resistance to AML checks).

24. Complaints and queries

24.1 If you have a complaint, you agree to contact us. We will address complaints in good faith and within a reasonable time.

25. Governing law and jurisdiction

25.1 These Terms are governed by the laws of South Australia.

25.2 You submit to the non-exclusive jurisdiction of the courts of South Australia and the courts competent to hear appeals from them.

26. Changes to these Terms

26.1 We may update these Terms from time to time, publishing an updated version on our website or otherwise notifying you.

26.2 The version in force at the time you request/accept a Locked Price or place an Order applies to that transaction.

27. Severability

27.1 If any provision is invalid or unenforceable, it is severed to the extent necessary, and the remainder remains in effect.