Mercury Gold – Order Terms & Conditions
1. Orders
Orders placed through the Mercury Gold platform are subject to these Terms and Conditions.
Customers are responsible for ensuring that all order details are accurate before submitting an order.
2. Payment
Customers must complete payment within the payment period specified at the time the order is placed.
If payment is not received within the prescribed payment period, the order shall automatically lapse and may be cancelled without further notice.
Mercury Gold shall have no obligation to honour the quoted price after the payment period has expired.
3. Inventory Availability
Mercury Gold endeavours to maintain accurate inventory records at all times.
In the unlikely event that a product becomes unavailable due to inventory discrepancies, supplier shortages, system errors, technical failures or other circumstances beyond Mercury Gold's reasonable control, Mercury Gold reserves the right to cancel the affected order and issue a full refund of all monies paid.
4. Allocation of Precious Metals
Precious metals are allocated to a customer only after successful receipt and verification of payment.
Until allocation has taken place, Mercury Gold reserves the right to substitute inventory, delay fulfilment, or, where necessary, cancel an order in accordance with these Terms.
5. Pricing Errors
Mercury Gold reserves the right to cancel or amend any order affected by an obvious pricing error, technical malfunction, system error, human error or incorrect quotation.
Where payment has already been received, Mercury Gold's obligation shall be limited to refunding the amount paid.
6. Price Lock
Where Mercury Gold provides a temporary price lock pending payment, such facility is intended solely to facilitate the completion of genuine purchases.
The price lock must not be used for speculative purposes or to obtain an unfair trading advantage.
Mercury Gold reserves the right to withdraw or suspend the price lock facility at any time where it reasonably believes it has been misused.
7. Abuse of the Ordering Process
Mercury Gold reserves the right to suspend, restrict or terminate any customer account, refuse future orders, cancel pending orders, or take such other action as it reasonably considers appropriate where it believes a customer has abused or attempted to abuse the ordering process.
Such conduct includes, but is not limited to:
- repeatedly placing orders without completing payment;
- intentionally allowing orders to expire in order to obtain more favourable market prices;
- placing multiple orders without a genuine intention of completing the transactions;
- using the payment window to speculate on market price movements;
- engaging in any activity that disrupts the fair and orderly operation of the Mercury Gold platform or adversely affects other customers.
8. Refunds
Where Mercury Gold cancels an order in accordance with these Terms and Conditions, any monies received shall be refunded using the original payment method within a reasonable time.
Such refund shall constitute full settlement of Mercury Gold's obligations in relation to the cancelled order.
9. Market Risk
Customers acknowledge that precious metal prices fluctuate continuously and may change at any time.
Mercury Gold does not guarantee that cancelled, expired or lapsed orders may be re-executed at the same market price.
Customers accept the risks associated with changes in market prices.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Mercury Gold shall not be liable for any indirect, incidental, consequential, special, exemplary or economic loss arising out of or in connection with:
- cancellation of an order;
- inventory shortages;
- pricing errors;
- supplier shortages;
- delays in processing;
- payment failures;
- technical or system interruptions.
Mercury Gold's total liability in respect of any claim relating to an order shall not exceed the amount actually paid by the customer for that order.
11. Force Majeure
Mercury Gold shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to:
- supplier failures;
- transportation disruptions;
- system failures;
- cyber incidents;
- telecommunications failures;
- banking or payment network interruptions;
- government actions;
- regulatory changes;
- natural disasters;
- war, civil unrest or other force majeure events.
12. Right to Refuse Service
Subject to applicable law, Mercury Gold reserves the right to refuse or discontinue service, reject any order, or suspend or terminate any customer account where it reasonably considers such action necessary to protect the integrity, security, fairness or lawful operation of its business.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia
14. Compliance
Mercury Gold reserves the right to delay, reject, suspend or cancel any transaction where it is required to comply with applicable laws, regulations, sanctions, anti-money laundering or counter-terrorism financing requirements, or where additional verification of a customer's identity, source of funds or transaction is reasonably required.