Terms And Conditions

This ACCOUNT AGREEMENT (the “Agreement”) is made by and between PMCapital.com, LLC, its affiliates, (collectively, “PM Capital”) and/or DG Capital, Inc. (“DG Capital”) (if digital coins are being purchased) and the Client on the date first written below (the “Effective Date”). This agreement shall be for the purchase, sale and storage of various precious metals and/or digital coins.  This includes without limitation numismatic and semi-numismatic coins that have been independently graded, bullion bars, digital coins, and other products PM Capital or DG Capital may present to Client at a future time.

  • Payment:  Client agrees to satisfy all payments for precious metals and other relevant products purchased as well as expenses incurred for shipping, storage and any other related expenses for PM Capital and/or DG Capital.  Client is also responsible for any other cost imposed by any government or jurisdiction in taxing or assessments relating to precious metals or other products purchased from PM Capital and/or DG Capital.

  • Non-Payments If sufficient payment is not received by PM Capital and/or DG Capital within (5) business days of Client purchase, PM Capital and/or DG Capital may at their discretion cancel the Client’s order and dispose of the specific metals or numismatic coins/semi-numismatic or digital coins acquired for the specific client purchase without notification, unless required by law to do so.  Client will be responsible for any associated cost of disposal including any loss PM Capital and/or DG Capital may have as a result of Client’s non-payment.

  • Delivery: Products purchased from PM Capital will be delivered to Client via ground shipment to Client’s address within twenty-eight days (28) of receipt and verification of client funds.  PM Capital will insure all products sent to Client. It will be the sole responsibility of the Client to notify PM Capital within five (5) days of any lost or damaged goods that occur during shipment to Client.  PM Capital will replace any damaged product and will be responsible for product (including loss) until product is delivered to Client’s shipping address. Client must keep in their possession all original packaging, provide any documentation regarding loss, and agree to cooperate with PM Capital during process of remedying Client concerns.  PM Capital may, at its discretion, charge a fee for shipping of product to Client whose shipping address is on file with PM Capital. Digital coins purchased from DG Capital will be delivered to the client’s blockchain wallet within two business days of receipt and verification of client funds.

  • Refunds or Returns: All sales are final and not subject to cancellation unless the state in which the client resides provides for otherwise. An Addendum outlining other disclosures will be provided to client as part of the documentation process.

  • Returns:  Approved product returns will be allowed providing the following conditions are met: a) quality of the specific coin has been compromised or damaged in shipping or b) the product grade is in dispute.  Client shall insure that numismatic or bullion product has not been opened or tampered with in anyway. PM Capital reserves the right the replace the disputed product or allow the client to upgrade to a different numismatic or bullion providing the client agrees to pay the difference between the previous purchase price and the higher value being substituted.  All disputes or client concerns as to precious metals must be made with fifteen (15) days of delivery. PM Capital Clients agree to be responsible for the inspection of the product for each delivery and insure its condition and quality. All disputes or client concerns as to digital coins must be made to DG Capital within 48 hours of delivery to the wallet.

  • Precious Metals Pricing: The price of any non-digital metal coin includes spread, which is defined as: the difference between ask and bid. (“Spread”)  The “Ask” is the PM Capital or DG Capital selling price and the “Bid” is what PM Capital or DG Capital is willing to pay for the specific coin.  The Spread percentage and amount will vary by particular coin. This differential can also vary over time.  Currently PM Capital’s Spread on coins and bullion bars that move in harmony with spot price of the particular precious metal is between two and thirteen percent (2% to 13%). The Spread on semi-numismatic coins and numismatic coins is between seventeen percent (17%) and thirty-three percent (33%).  Currently, the average Spread is twenty-eight percent (28%). Please note these are only general ranges and are subject to change without notice. Actual product Spreads may be higher or lower on any given transaction. PM Capital wants to impress upon the Client the understanding that numismatic coins carry a premium value often much higher than the content of actual precious metal.

  • Digital Coin Pricing  The market will determine the ask price for any digial coin.   DG Capital will determine its bid price, although it will never be less than four percent  (4%) lower than the spot price of 1/50 of an ounce of gold. Moreover, DG Capital will always retain 100% of the sale price of any digital coin in the form of physical gold or a direct derivative of gold.

  • Buy Backs: Current regulations do not allow for PM Capital to guarantee that it will buy back a precious metal as part of the conditions for purchase.  As such, PM Capital does not guarantee to buy back any precious metals that the Client purchases. PM Capital is, however, in the business to buy and sell precious metals of all types and sizes.  PM Capital hopes that the client selling any precious metals purchased from PM Capital considers selling them to PM Capital first. DG Capital does not guarantee a buy-back either, but both it and PM Capital value their client relationships and intend to give the highest value possible for any specific coin under consideration.  Finally, spot pricing on metals can change rapidly and as a result neither DG Capital nor PM Capital can guarantee that the price it would offer would be equal to or higher than what some other party might pay. An offer to buy back is at the sole discretion of PM Capital or DG Capital.

  • Grading of Precious Metals: Grading is highly subjective and, although grade is measured by a specific number for ranking, it is not an exact science.  Grading only represents the grader’s impression or opinion of the specimen under consideration. Inconsistency can exist within the opinions of industry experts and small variances in grading can occur.  PM Capital does not offer a grading service and does not proclaim to be a grading expert. PM Capital relies solely on the expertise of professional graders to independently access the value and grade of a particular precious metal.  PM Capital makes no warranties as to the accuracy or systems applied to determine grade and value of the coin or precious metal being offered.

  • Transaction of Precious Metals within an IRA:  Transactions taking place within a Self-directed IRA (SDIRA) are more expensive to process and manage.  As a result, PM Capital’s average Spread on sales of precious metals within an IRA are twenty-eight percent. (28%).  This allows PM Capital to properly service the account and cover all expenses and any liabilities or investment risk that may be associated with the transaction.  Actual spreads may be higher or lower based on the actual transaction details. Tax laws associated with SDIRAs are often complex and can change at will. It is currently unclear as to whether digital coins may be held in an SDIRA.  PM Capital and DG Capital’s representatives are not authorized to provide tax advice at any time.  Both companies encourage clients to seek professional advice regarding any questions or concerns regarding precious metals and/or digital coins and their individual IRA program.  Neither company shall have any liability or responsibility for any damage or loss as a result of a client transaction with its own IRA.

  • Client Declaration and Certifications:  Clients who intend to sell precious metals to PM Capital must confirm and warranty that Client is familiar with the precious metals industry and has experience pertaining to said industry.  Client also certifies both the authenticity of the particular precious metal, including but not limited to medallions or rounds, semi numismatic, numismatic coins or collectables, ingots or bars, and the value of each item.  This certification shall be made and declared under penalty or perjury pursuant to the governing laws of the relevant jurisdiction.

  • Other Considerations:  Neither DG Capital nor PM Capital will be responsible for any delays, defaults or loss due to circumstances which are outside its ability to control. Neither company’s representatives are licensed investment advisors and neither of them are making any recommendations for specific metals, collectables, coins or other investment vehicles. No PM Capital or DG Capital representation shall ever act as an agent for any client.  

  • Warranties and Guaranties:  PM Capital and DG Capital expressly disclaim and rebuke any other warranties in regards to precious metals i.e. semi-numismatic, numismatic coins, digital coins, or other collectables including future merchantability or applicability for a specific purpose.  Client hereby agrees and confirms that no warranties or guarantees have been made pertaining to the future value of any coin, collectable, numismatic or precious metal of any kind.  Client agrees to notify PM Capital and/or DG Capital immediately if any personnel of PM Capital or DG Capital make any representation of warranty or guarantee.

  • Entire Agreement.  This Agreement sets forth the entire agreement between PM Capital and/or DG Capital and Client and supersedes all prior negotiations, understandings and agreements between the Parties and shall be considered the final and exclusive contract between the parties. No amendment or modification, oral or otherwise written, of this Agreement shall be made.

  •      Dispute Resolution Policy – Binding Arbitration Agreement: By executing this Agreement, the Client and PM Capital/DG Capital hereby mutually agree that any and all disputes which may arise between them shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (“AAA”).  The Client and PM Capital/DG Capital further agree that each party will bear its own costs and attorneys’ fees incurred in connection with the AAA arbitration proceeding. All of the parties understand and agree that they are waiving the right to a jury trial before a judge.  Neither the Client nor the companies shall be entitled to join or consolidate disputes by or against one another in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.  This provision and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (the “FAA”), and, to the extent any provision of the FAA is inapplicable, the laws of the State of Utah.

  • Severability: If any provision or part of this Agreement is for any reason whatsoever be adjudged by any court or tribunal of competent jurisdiction or be held to be invalid, unenforceable or illegal, such judgment or holding shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the provision or part of this Agreement directly involved in the matter, controversy or proceeding in which such judgment or holding shall have been rendered, and the remainder of this Agreement shall remain in full force and effect.

Additional Terms

PMCapital.com, LLC, and its affiliates (“PM Capital”), including DG Capital, Inc. and Customer agree, subject to the provisions in this Account Agreement set forth in Paragraph 5, that the following terms and conditions shall govern the pending and all future transactions between the parties involving Precious Metals and/or digital coins.  “Precious Metals” shall mean, for the purpose of this Account Agreement, any precious metal, in any form, that is the subject of a transaction between PM Capital and Customer, and shall include, but not limited to, bullion bars and coins, semi-Numismatic coins and bars, Numismatic coins and bars, “junk silver”, and bags (and partial bags) of coins.  For the purposes of this Account Agreement, digital coins are a form of digital asset with the “PMC” symbol, purchased from DG Capital, Inc., that can be exchanged with current existing electronic currency, including Bitcoin. This Account Agreement applies to the purchase from the sales to PM Capital, and the warranties and certifications are intended to be applicable to pending as well as future transactions with PMC.

Alabama

The customer may obtain a full refund for the return of undamaged and unused merchandise to PM Capital within eight days of receipt by the customer. “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received actual possession of the merchandise; or, (2) the date that the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.  Returns shall be made to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054.

Alaska

PM Capital will give the customer a refund, credit, or replacement, at the option of customer, if (1) the products purchased from PM Capital are defective, not as represented, or not received as promised by PM Capital; (2) within seven days after receiving the purchased property, the customer returns the purchased property and makes a written request for the refund, credit, or replacement; or, (3) within seven days after paying for the services and before the services are provided, the Customer makes a written request for the refund or credit.  Purchased products must be returned in the same condition as when delivered in order to be entitled to a refund, credit, or replacement. Returns of purchased and written requests should be sent to PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054.

Arizona

Notice of Cancellation: The customer, only if a first time customer, may cancel this order without any penalty or obligation within three business days from the delivery of the merchandise.  “Delivery” of merchandise is considered to occur on either: (1) the date that the customer received the actual possession of the merchandise; or, (2) the date the customer received written confirmation that the merchandise has been deposited in the customers name in an independent depository as previously directed in writing by the customer.  If the customer cancels, any payment made by the customer will be returned within ten days after the receipt by the seller of the customer’s notice of cancellation. To cancel this transaction, mail or deliver a signed and dated copy of your cancellation notice to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054.  Any merchandise delivered to the customer must be returned at PM Capital’s expense to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054 no later than twenty-one business days after the receipt of the merchandise.

Colorado; Oklahoma

The customer may obtain a full refund for the return of undamaged and unused merchandise to PM Capital, provided that the customer provides notice of cancellation, in writing, to PM Capital within three days after the receipt of the merchandise by the customer.  “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received actual possession of the merchandise; or, (2) the date that the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.  Notice of cancellation and returns shall be made to PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054. PM Capital will process the refund within thirty days of receipt of the returned merchandise.

Connecticut; Kansas; Louisiana

The customer, and only if a first-time customer, may obtain a full refund for the return of undamaged and unused merchandise to PM Capital within seven days of receipt by the customer. “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received actual possession of the merchandise; or (2) the date that the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.  Returns shall be made to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054. PM Capital will process the refund within thirty days of receipt of the returned merchandise.

Delaware; Hawaii; Montana; Ohio; West Virginia

The customer may obtain a full refund for the return of undamaged and unused merchandise to PM Capital, provided that the customer provides notice of cancellation, in writing, to PM Capital within seven days after receipt of the merchandise by the customer. “Receipt” of the merchandise is considered to occur on either (1) the date the customer received the actual possession of the merchandise; or, (2) the date the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.  Notice of cancellation and returns shall be made to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054. PM Capital will process the refund within thirty days of receipt of the returned merchandise.

Florida

The customer, only if a first time customer, may obtain a full refund for the return of the undamaged and unused merchandise to PM Capital within eight days of the receipt by the customer. “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received the actual possession of the merchandise; or (2) the date that the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer. Returns shall be made to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054.  PM Capital will refund the within thirty days of receipt of the returned merchandise.

Idaho

The customer, only if a first time customer, may cancel the transaction up to midnight of the third business day after the receipt of this written confirmation.  If the customer cancels, any payments made by the customer will be returned within ten days after the receipt by the seller of the customer’s notice of cancellation.  Any merchandise delivered to the customer must be returned at PM Capital’s expense to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054, no later than twenty-one business days after the date the customer receives back from PM Capital the payments or consideration the customer has already made.  See the attached notice of cancellation form for an explanation of how to exercise this right.

Pennsylvania; Vermont

The customer may obtain a full refund for the return of undamaged and unused goods if returned to PM Capital within ten days after the receipt by the customer.  “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received actual possession of the merchandise; (2) the date the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.  Returns shall be made to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054. PM Capital will process the refund within thirty days of receipt of the returned merchandise.

Texas

If the customer makes a purchase using a credit card, the customer may obtain a full refund for the return of the undamaged and unused merchandise to PM Capital within seven days of receipt by the customer.  “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received actual possession of the merchandise; (2) the date the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.  Returns shall be made to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054. PM Capital will process the refund within thirty days of receipt of the returned merchandise.

Utah

A customer making a purchase from PM Capital may cancel the sale up to midnight of the third business day after the receipt of the merchandise.  “Receipt” of merchandise is considered to occur on either: (1) the date that the customer received actual possession of the merchandise; (2) the date the customer received written confirmation that the merchandise has been deposited in the customer’s name in an independent depository as previously directed in writing by the customer.   Sales shall be cancelled by mailing a notice of cancellation to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054. The customer shall return the merchandise to PM Capital within seven (7) days of exercising the right to cancel. Returns should be made to PM Capital Attention Client Care, 727 N 1550 E, Suite 450, Orem, UT. 84097. PM Capital will process the refund within (30) thirty days of receipt of the returned merchandise, if merchandise has been delivered to the customer.

Virginia

The customer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction, which date shall be the date the customer signs this Addendum to Shipping and Account Agreement.  See the attached notice of cancellation form for an explanation of how to exercise this right. Notice and returns of merchandise, if any merchandise has been received by the customer shall be sent to: PM Capital, Resolutions Department, 6701 Center Drive, Suite 840, Los Angeles, CA 90054.  Upon receipt of the notice of cancellation or return of merchandise, if any has been received, PM Capital will issue a full refund within ten (10) business days.