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TD Precious Metals Terms and Conditions

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  1. Eligibility to Transact: This website (https://www.preciousmetals.td.com) is a digital marketplace in which TD may offer for sale certain precious metals products. These products and services areavailable 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 addresses. Nothing onthe 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.
  2. 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.
  3. 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.
  4. Transaction Limits: TD will assign a maximum transaction limit of CAD $2,999.99, but shall have the right to modify this limit at any time without notice to you.
  5. 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.
  6. 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 and the time that an order is confirmed. 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 of the transaction details on the final checkout page to ensure that they are correct before clicking complete order.

    In circumstances when your order cannot be fulfilled for reasons such as lack of inventory, system or payment interruption, you will be contacted at the phone number provided in your order.

  7. 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.
  8. Consent to the Collection, Use and/or Disclosure of Your Information : You agree that, at the time you request to begin a relationship with us and during the course of our relationship, we may share your Information with our world-wide affiliates, and collect, use and disclose your Information as described in the Privacy Agreement on td.com, including for, but not limited to, the purposes of: identifying you, providing you with ongoing service, helping us serve you better, protecting us both from fraud and error, complying with legal and regulatory requirements, and marketing products and services to you. We may communicate with you for any of these purposes by telephone, fax, text messaging, or other electronic means, and automatic dialing-announcing device, at the numbers you have provided us, or by ATM, internet, mail, email and other methods. To understand how you can withdraw your consent, refer to the 'Marketing Purposes' section of the Privacy Agreement or contact us at 1-866-567-8888.
  9. Shipping : We reserve the right to substitute a different shipping method other than that which you selected on your order. 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:

    Telephone:
    TD Precious Metals Support Desk
    1 833-363-8257
    Monday to Friday, 9am EST – 4:30pm EST

    E-mail:
    TDPreciousMetals@td.com

  10. Delivery: Items will be delivered by a courier service selected by TD and may only be delivered to the billing address that is linked to the payment card you've provided for payment with your order. It is your responsibility to ensure the information in your profile remains accurate. Deliveries will not be made to PO Boxes or commercial addresses other than TD Canada Trust branches. Home deliveries are subject to the terms and conditions of the courier service which can be found at www.canadapost.ca. You agree to these terms and conditions when you place an order through TD Precious Metals. 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.
  11. 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 1 833-363-8257, Monday to Friday, 9am EST – 4:30pm EST.
  12. Incorrect Shipments: If you have received an incorrect item, please contact the TD Precious Metals Support Desk at 1 833-363-8257, 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.
  13. Confirmation of Transactions: Upon submission of a purchase order on TD Precious Metals, 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 advising you of that fact and provide a tracking number for the shipment. The transaction details contained in these confirming emails 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.
  14. 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.
  15. 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.
  16. Our Process for Resolving Your Complaints: We expect every TD employee who receives a customer complaint to take ownership of the issue and ensure that the complaint is resolved quickly. If you have a complaint, we encourage you to follow the complaint procedure outlined here.

    Step 1: Where You Do Business With Us

    In most cases, a complaint is resolved simply by telling us about it. You can speak with us in-branch or by contacting the TD Precious Metals Support Desk at 1 833-363-8257, Monday to Friday, 9am EST - 4:30pm EST.

    Step 2: TD Customer Care Centre

    You can escalate your complaint in the following ways:

    1. Ask the individual you are dealing with in Step 1 to escalate on your behalf.

    2. Escalate the complaint directly with Customer Care, using the following contact information:

    Telephone: 1 888 661-9029

    Email: customer.care@td.com

    Mail: Customer Care, Toronto-Dominion Centre, 
    P.O. Box 193, Toronto, ON M5K 1H6

    Be sure to include:

    • Your name and contact information where you prefer to be reached
    • The nature of your complaint
    • Details relevant to the complaint and with whom you have already discussed the issue.

    If you are not satisfied with the resolution provided from Customer Care in Step 2, you can proceed to Step 3 to escalate to TD's Office of the Ombudsman. Be sure to have a decision in writing before escalating further.

    Step 3: Escalate in writing to the TD Ombudsman

    Please review the following information to escalate to TD’s Office of the Ombudsman.

    The TD Ombudsman’s Office is an independent body within TD responsible for reviewing customer complaints that remain unresolved after the completion of the first two steps of TD’s Customer Problem Resolution Process.

    The TD Ombudsman’s Office will investigate complaints and act as a liaison between customers and all business areas within TD Bank Group in Canada. The TD Ombudsman’s Office does not report directly to any of these business areas in order to be impartial in addressing customer complaints.

    Escalations to the TD Ombudsman’s Office must be made in writing. Please be sure to provide us with your contact information, details of your concerns, and your proposed resolution. You can send your complaints to:

    Email: td.ombudsman@td.com

    Mail: Attn: Office of the Ombudsman P.O. Box 1, Toronto-Dominion Centre, Toronto, ON M5K 1A2

    If you have questions about the Ombudsman’s process, or require assistance in escalating your complaint you can reach us at 1-888-361-0319 or visit our website below for more information: www.td.com/ombudsman.jsp

    If the above steps do not resolve your complaint, you may consider escalating the matter. See the listing for Independent Consumer Support Agencies.

    Independent Consumer Support Agencies

    If you require further assistance after the decision of the TD Ombudsman, the following independent services may provide you with information and a further review of your complaint. These agencies may contact TD to facilitate their investigation and work toward a resolution.

    Ombudsman for Banking Services and Investments (OBSI)

    Website: www.obsi.ca

    Phone: 1-888-451-4519

    Email: ombudsman@obsi.ca

    Mail: 401 Bay Street, Suite 1505, P.O. Box 5 Toronto, ON M5H 2Y4

    You can submit your complaint to OBSI for review once you have received a response in writing from TD’s Ombudsman Office and wish to escalate, or after 90 days have passed since the escalation of your complaint in Step 2.

    If you choose to contact the OBSI at the conclusion of the TD Ombudsman investigation, you should do so within six months from the date of TD’s response to you, as OBSI reserves the right to decline any investigation after that time.

    Financial Consumer Agency of Canada

    If you require further assistance after the decision of the TD Ombudsman, the following independent services may provide you with information and a further review of your complaint. These agencies may contact TD to facilitate their investigation and work toward a resolution.

    Financial Consumer Agency of Canada (FCAC)

    Website: www.fcac-acfc.gc.ca

    Phone: 1-866-461-3222

    Mail: 427 Laurier Avenue W, 6th Floor, Ottawa, ON K1R 1B9

    The FCAC will determine whether the financial institution is in compliance. It will not, however, resolve individual consumer complaints.

    The Privacy Commissioner of Canada

    If your concern involves a privacy issue you may contact the Office of the Privacy Commissioner of Canada by:

    Office of the Privacy Commissioner of Canada (OPCC)

    Website: www.priv.gc.ca

    Phone: 1-800-282-1376
    Fax: 1-819-994-5424

    Mail: 30 Victoria Street, Gatineau, QC K1A 1H3