Last Updated: February 9, 2025
These Terms and Conditions (“Terms”) govern your access to and use of malibupreciousmetals.com (the “Website”) operated by The Malibu Company (“we”, “us”, “our”). By using our Website and purchasing products from us, you agree to comply with and be bound by these Terms. If you do not agree with any of these Terms, do not use the Website or make a purchase.
1. Eligibility to Use the Website
By accessing and using this Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are using the Website on behalf of a company, you represent and warrant that you have the authority to bind that company.
2. Product Information and Availability
The Website offers precious metal products for investment purposes, including gold, silver, and other precious metals. Product descriptions, pricing, and availability are subject to change without notice. While we make every effort to provide accurate information, we do not guarantee the accuracy or completeness of the product information. In the event a product is listed at an incorrect price, we reserve the right to cancel or modify the order.
3. Pricing and Payment
All prices listed on the Website are in U.S. Dollars (USD). Prices are subject to change without prior notice, and any price changes will take effect immediately upon posting. You are responsible for paying all applicable taxes and fees, including shipping charges.
Payment for products must be made in full at the time of purchase. We accept various payment methods, including credit cards, bank transfers, and other payment options provided on the Website.
4. Order Confirmation
Upon placing an order, you will receive an order confirmation email with the details of your purchase. This confirmation does not constitute an acceptance of your order. Acceptance of your order is completed when the product is shipped.
5. Shipping and Delivery
We ship precious metal products to the address provided during checkout. Shipping fees, delivery times, and other details will be presented during checkout. Once the product is shipped, the risk of loss or damage transfers to you. It is your responsibility to track the shipment and ensure timely receipt.
6. Returns and Refunds
Due to the nature of the products we sell, all sales are final. We do not accept returns or exchanges unless the product is damaged, defective, or the wrong item was shipped. If there is an issue with your order, please contact us within 10 days of receiving the product. We will assess the situation and, if necessary, provide a return label for the damaged or incorrect product.
7. IRA and 401(k) Purchases
We support retirement accounts such as IRAs and 401(k)s to purchase precious metals. You are responsible for ensuring that your account is eligible to make such purchases under applicable laws. We recommend that you consult with your financial advisor or retirement account custodian before proceeding with any purchases for your retirement account.
8. User Conduct
You agree to use the Website only for lawful purposes. You agree not to:
- Violate any applicable laws or regulations.
- Use the Website to engage in fraudulent activities.
- Post or transmit any harmful or unlawful material.
- Attempt to gain unauthorized access to any part of the Website or its systems.
9. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Website, you consent to our data practices as outlined in the Privacy Policy. You can view our Privacy Policy here.
10. Disclaimers
The content provided on the Website is for informational purposes only. We do not provide financial, tax, or investment advice. Any decisions you make regarding the purchase of precious metals should be based on your own research and financial advice from qualified professionals.
We make no representations or warranties regarding the accuracy, reliability, or completeness of the information on the Website. We do not guarantee that the Website will be free from errors, viruses, or other harmful elements.
11. Limitation of Liability
To the fullest extent permitted by law, The Malibu Company and its affiliates, officers, employees, or agents will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or your purchase of products. This includes any loss of profits, business interruptions, or loss of data.
Our total liability, for any reason, will not exceed the total amount paid by you for the product or service giving rise to the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless The Malibu Company, its affiliates, employees, agents, and directors from any claims, damages, losses, liabilities, and expenses arising from your use of the Website, violation of these Terms, or infringement of third-party rights.
13. Intellectual Property
All content on the Website, including logos, images, graphics, text, and software, is the property of The Malibu Company or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Website without our prior written consent.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms will be resolved through binding arbitration, conducted in Miami, Florida, in accordance with the rules of the American Arbitration Association.
15. Force Majeure
We are not liable for any delay or failure to perform our obligations if such delay or failure is caused by circumstances beyond our reasonable control, including natural disasters, pandemics, acts of war, or government restrictions.
16. Modifications to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Website, and we will notify you of any material changes. It is your responsibility to review the Terms periodically.
17. Termination
We reserve the right to suspend or terminate your access to the Website at our discretion if you violate these Terms or engage in unlawful behavior. Upon termination, you will still be responsible for any obligations incurred prior to the termination.
18. Contact Us
If you have any questions about these Terms or your use of the Website, please contact us:
Email: cameron@malibupreciousmetals.com
Mailing Address:
HEAT HOLDINGS CORP.
8950 SW 74th CT, STE 1606
Miami, FL 33156
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.