Terms & Conditions
1. Our contract
These terms and conditions (“Terms”) apply to the order by you (the “buyer”) and supply of the goods specified in the order (“Goods”) by Kinesis USA Inc to the buyer. No other terms are implied by trade, custom, practice or course of dealing.
2. Placing of order
Please follow the onscreen prompts on the website www.kinesisbullion.com to place an order. In some circumstances we may require you to place and an order by telephone. Each order is an offer by the buyer to buy the Goods subject to these Terms.
3. Checking your order
The buyer is responsible for checking the order for Goods is correct, and that any specifications submitted are complete and accurate. The details of your order, including price, are locked in at the point of making your order, subject to confirmation on our website that your order has been executed.
4. Acceptance of order
Our acceptance of the order takes place when we confirm your order is completed on our website. At this stage the order is confirmed, and the order becomes a contractually binding agreement between you and Kinesis USA Inc.
5. Additional Information on orders
All orders received by Kinesis USA Inc are subject to manual and/or automated review. During this procedure, the buyer may be asked for additional information in order for Kinesis USA Inc to approve or decline an order. Kinesis USA Inc reserves the right to cancel any order for any reason.
6. Payment policy
After confirmation of the order the buyer agrees to pay Kinesis USA Inc as contractually specified and as detailed below. If payment is not received by Kinesis USA Inc within the specified time, the buyer risks being charged a penalty fee, the buyer’s order being cancelled, or a combination of cancellation and penalty fee per the structure below.
- Payments made in KAU/KAG digital tokens (as provided by www.kinesis.money). Payment to be received with 3 minutes by following the on-screen prompts and instructions. It is your responsibility to carry out such instructions accurately.
- Payments made by wire transfer are final at point of purchase, our payments team sweep orders daily and verify payments first before releasing bullion for shipment, a shipment notification will be sent upon verification of payment. A bank processing fee of $15 USD is applicable on wire transfers.
7. Cancellation Policy
Cancellation fees shall be calculated as 10% of the order total or $50, whichever is greater, plus any applicable market loss. Market Loss is defined as the difference between the locked spot price of the precious metals at the time of the order and the spot price of the precious metals at the time of cancellation. The balance due to Kinesis USA Inc is to be paid within 10 business days or, when payment from you has been received, will be deducted from any such payments prior to returning the balance to you. If we do not receive payment within this timeframe, Kinesis USA Inc reserves the right to refer the matter to our “collections” department to retrieve cancellation fees. Any cost of collections activities to Kinesis USA Inc will be added to the balance due. Any market gains because of a cancelled order will remain the property of Kinesis USA Inc.
Any order that remains unpaid outside of payment terms as described in Kinesis USA Inc payment policies is eligible for cancellation.
Kinesis USA Inc reserves the right to decline, refuse or cancel any order with or without reason, regardless of payment method, or order confirmation. Kinesis USA Inc also reserves the right to cancel any order deemed questionable, suspicious, too significant of risk, incorrect in confirmed price, or if payment has not been received in accordance with our payment policy.
8. Our prices
Prices quoted by Kinesis USA Inc include any applicable taxes. The buyer is solely responsible for any applicable state or federal taxes or duties that may be applicable to a transaction with Kinesis USA Inc.
Offers made by Kinesis USA Inc are only available for acceptance and valid for a 3-minute duration, as market prices for precious metals fluctuate constantly. A spot price calculation is determined by Kinesis USA Inc upon its sole and absolute discretion. Pricing on any website owned or operated by Kinesis USA Inc is purely for information purposes only.
9. Errors with pricing
In the extremely unlikely event that Kinesis USA Inc makes a typographical error or pricing error, Kinesis USA Inc shall retain the right to cancel or refund an order. If a typographical, mathematical or other error is made in the calculation of a transaction, the buyer agrees to take all steps requested by Kinesis USA Inc to rectify the error. In addition, the buyer agrees to hold Kinesis USA Inc harmless from all damages or liability arising from such error.
The buyer must notify Kinesis USA Inc in writing within 7 business days after receipt of material of any discrepancy, claim, or dispute arising from a transaction. If no notification is received within 7 business days, the buyer agrees it is forever barred from bringing a claim for loss, damage, or other relief relating to such controversy, claim, or dispute.
10. Return of Orders
If there are any material defects with the shipment, the buyer has 3 business days after receipt of the shipment to notify us by emailing us at [email protected] to arrange any necessary return(s). We do not accept returns for any other reasons, unless required to do so by law, where we reserve the right to charge a restocking fee of the higher of 5%/$50 of your purchase plus a fee representing any market loss to us.
If the buyer wants an exchange, we reserve the right to send an acceptable replacement or refund your transaction if an acceptable replacement is not available. Please note that the items must be returned as they were sent to you—in the original packaging and original condition. We will cover the cost of returning the product in a manner of our choosing and, if applicable, shipping the exchanged product back to you. Any decision to refund or replace your item will be at our sole discretion.
Products returned are subject to our assessment and assay and in addition Kinesis USA Inc may, at its sole discretion, charge a fee representing market loss. Funds will be returned to you following the above process, quality assessment and deduction of the application costs.
All products offered for sale by Kinesis USA Inc are provided on an “as is” basis and, aside from a warranty that their description shall be accurate, are provided without any warranties, whether express or implied including, without limitation, i)warranty of merchantability, ii) warranty of fitness for a particular purpose or iii)infringement of intellectual property rights of a third party. Any information provided on any website owned or operated by Kinesis USA Inc is for informational purposes only and is not intended as and therefore cannot be relied upon as any form of advice, whether legal, accounting, investment, financial or tax advice. If the buyer seeks such advice, the buyer should contact a licensed professional for such relevant advice. The information provided by websites of Kinesis USA Inc are provided on an “as is” basis without any warranty of any kind, whether express or implied and the use of this service and the Kinesis USA Inc’s websites is entirely at the buyer’s own risk. In no event will Kinesis USA Inc be held liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of information contained on our websites or any publication.
12. Force Majeure
Kinesis USA Inc shall not be liable to the buyer for any failure to perform any obligation under any agreement which is due to an event beyond the control of Kinesis USA Inc including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, epidemic, pandemic, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Kinesis USA Inc shall forthwith inform the buyer and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
13. Shipping Procedure
Customers can pay by using KAU/KAG tokens only. Shipping is restricted to domestic USA only. We cannot accept orders for delivery for customers located outside of the domestic USA and will cancel any such orders without liability to Kinesis USA Inc and you may be charged a fee.
Kinesis USA Inc reserves the right to combine any orders placed on the website shipping to the same address. In all circumstances shipments must be signed for by you at your recipient address. Failure to take delivery of shipments could result in your order being returned to us, cancelled and you may be charged a fee.
Please note we will not ship to any P.O. Box addresses, any such orders will be cancelled in line with our cancellation procedure, and you may be charged a fee.
If applicable, all duties and state/federal taxes are the responsibility of the buyer on delivery. Before placing an order, the buyer should consult a local customs broker for information on taxes and duties in the relevant State of delivery.
In the event of an order error or omission determined solely by Kinesis USA Inc, Kinesis USA Inc reserves the right to use any banking or financial means possible to recover monies owed to Kinesis USA Inc.
During usual market conditions, your order is dispatched within 3 business days after your payment has cleared our account.
Kinesis USA Inc shall not arrange shipments until the buyer’s entire order is available. If the buyer insists on splitting the order into available/delayed products, the buyer shall be liable for any additional costs.
Any orders which are to be returned to Kinesis USA Inc shall, only when expressly agreed by Kinesis USA Inc be returned to the undernoted address:
Golden Eagle, 3386 Laurel Fort Meade Road Laurel, Maryland 20724, United States of America.
14. Liability and Insurance
- No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED IN SECTION 14 c. FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT KINESIS USA INC ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THESE TERMS AND CONDITIONS TO THE OTHER PARTY OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESES TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- Maximum Liability. EXCEPT AS OTHERWISE PROVIDED IN SECTION 14 c. FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL KINESIS USA INC’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED 100% OF THE TOTAL OF THE AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO KINESIS USA INC PURSUANT TO THESE TERMS AND CONDITIONS IN THE MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- Exceptions. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 14 SHALL NOT APPLY TO THE GROSSLY NEGLIGENT ACTS OR OMISSIONS/WILLFUL MISCONDUCT/GROSSLY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF EITHER PARTY IN PERFORMING ITS OBLIGATIONS.
Each party acknowledges and agrees that the parties entered into these Terms and Conditions in reliance upon the limitations of liability set forth in this Section 14, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
15. Shipping Insurance
If anything should happen to your order during shipping, our insurance will cover the package (see below for restrictions which are put in place by our insurer). A signature will be required upon receipt of the package by the buyer at the discretion of Kinesis USA Inc. You might be permitted to file a claim on our insurance policy provided you directly receive the package from the common carrier.
If your package is lost or damaged, it will be the responsibility of Kinesis USA Inc to file a claim with our insurance company. Once the claim is filed, you agree to fully cooperate with any requirement which may be required as part of the investigation. Any disputes regarding damaged, missing items, or non-delivery must be reported to Kinesis USA Inc via email at [email protected] within 3 business days of delivery date. The buyer’s failure to fully cooperate will jeopardize the ability for us to replace or refund the buyer’s lost or damaged package/product. Upon claim approval, we will replace or refund your purchase at our sole discretion.
If you have any further questions about the Shipping Procedure adopted by Kinesis USA Inc, please get in touch with us by contacting us by email at [email protected].
16. Data Protection
By submitting an order or offer to us you give us your explicit consent allowing us to use your personal data as described in the privacy statement. We use your personal information as a data controller. The privacy statement is subject to change. The latest version is always available on our website. Your consent applies to the privacy statement as it stands at the date and time when you provide personal data and when we use it.
You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
Your email address is essential in order for us to be able to supply you with important information such as order confirmations and changes to the service, by registering with us you accept that your email address may be used to supply you with such information.
You can withdraw your consent at any time. This will constitute a default or problem because it will make it difficult or impossible for us to perform the contract or do anything else with or for you, and it may constitute a material breach by you.
If any provision (or part of it) of the agreement is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of it) will be deemed deleted.
18. Applicable Law
These Terms and Conditions/All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
19. Jurisdiction for Disputes
Any legal suit, action, or proceeding arising out of or based upon/relating to these Terms and Conditions, shall be instituted in the state or federal courts of the State of Delaware. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
20. Waiver of jury trial
KINESIS usa inc and the buyer acknowledges and agrees that any controversy that may arise under these terms and conditions is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to these terms and conditions. kinesis usa inc and the buyer certifies and acknowledges that (a) no representative of any other party has represented, expressly or otherwise, that such other party would not seek to enforce the foregoing waiver in the event of a legal action, (b) such party has considered the implications of this waiver, (c) such party makes this waiver voluntarily, and (d) such party has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this SectioN 20.