SA BULLIONSA BULLION

Terms and Conditions

These Terms and Conditions (“the Terms”) govern the relationship between SA Bullion (“the Company”) and any person (“the Client”) who uses the Company’s services to invest in, store and manage Krugerrands and other precious metals (“Precious Metals”). These Terms, together with the Client Application Form, Goldstore Application registration, Website and all annexures, constitute the binding agreement (“the Agreement”) between SA Bullion and the Client.

By transacting with the Company, whether through the Website, the Goldstore Application and/or in physical form, the Client confirms they have read, understood and agree to be bound by the Terms.

1. DEFINITIONS AND INTERPRETATION

1.1. “App” refers to the Goldstore mobile Application.

1.2. “Business Day” means any day other than a Saturday, Sunday and/or Public Holiday in South Africa.

1.3. “Client Account” means the account held in the Client’s name for investment, contribution and transaction purposes.

1.4. “Website” refers to www.sabullion.co.za, www.sabullion.com, www.goldstore.co.za and www.reignjewellery.co.za.

1.5. “SA Bullion Offices” means 1st Floor Brickfield Canvas, 35 Brickfield Road, Woodstock, Cape Town, 7925 and Office G1S16, Vault Prive, The Paragon, 1 Kramer Road, Bedfordview, Johannesburg.

1.6. “Precious Metals” means gold, silver and other similar metals of recognised investment grade, including but not limited to coins, bullion or other investment grade products, meeting applicable purity standards and as dealt in by the Company from time to time.

1.7. References to legislation include amendments, consolidations or re-enactments.

2. PURCHASE OF PRECIOUS METALS

2.1. Purchase Channels – the Company enables Clients to purchase Precious Metals via the following channels, namely:

2.1.1. The Website;

2.1.2. The App;

2.1.3. In person at the Company’s office(s); and/or

2.1.4. Recurring and ad hoc contributions via various payment methods (clause 3.2).

2.2. Quotes and Pricing – Clients may request a formal quote (“the Quote”) from the Company via the aforementioned channels, thereafter:

2.2.1. The Quote will be issued and will be valid for a maximum time of 30 minutes from the time of issuance. Thereafter a new quote must be obtained to proceed with the transaction.

2.2.2. Prices are subject to prevailing market conditions and may include a premium.

2.2.3. Notwithstanding the validity period in 2.2.1, the Company reserves the right, at its sole discretion, to confirm or reject acceptance of a Quote.

2.3. Financial Intelligence Centre Act, 38 of 2001 (“FICA”)

2.3.1. All Clients must undergo a Know Your Customer (“KYC”) verification process in terms of FICA before any transactions can be processed.

2.3.2. The Company is an accountable institution and is legally obliged to identify and verify all Clients prior to the commencement of any business relationship and on an ongoing basis.

2.3.3. The Client will be required to submit documents as determined by the Company based on the Client’s classification (e.g. individual, company, trust, partnership etc.). The list of required documents will be communicated to the Client and may include, but not limited to, identity verification, proof of address and source of funds documentation.

2.3.4. The Company reserves the right to perform ongoing due diligence and risk assessments and to request updated documents at any time during the business relationship.

2.3.5. No transactions will be concluded until full FICA compliance is achieved. The Company may delay, suspend or terminate any transaction or account if the Client fails to meet these obligations.

2.3.6. The Client warrants that all information provided is accurate, complete and up-to-date and indemnifies the Company against any claims or losses arsing from false, misleading or outdated information.

2.4. Transaction Completion – Once full payment has been received from the Client, the Company will facilitate the acquisition of the specified Precious Metals in the Client’s name. The purchased Precious Metals may be:

2.4.1. Stored securely in the Company’s designated vaults, subject to the applicable storage terms (clause 4);

2.4.2. Delivered to the Client in accordance with the delivery policies outlined in the Agreement (clause 6); or

2.4.3. Collected in person by the Client from the Company’s Office, subject to prior arrangement, security verification, and any applicable handling or administration fees (clause 6).

2.5. Inspection and Claims

2.5.1. Upon receipt, the Client shall promptly inspect the delivered Precious Metals for conformity with the purchase order. Any discrepancies, defects or deviations from the agreed specifications must be reported to the Company within 24 (twenty-four) hours.

2.5.2. Failure to report within the specified period will constitute acceptance of the delivery.

2.5.3. If a claim is filed within the aforementioned specified period, the Company reserves the right to re-ship the items or refund the Client at its sole discretion.

3. INVESTMENT FACILITY

3.1. Account Opening and Authorisation

3.1.1. Clients using the Investment Facility are required to open a Corporate Saver Bank Account with Nedbank Limited (“the Account”) and the facility will not be available until the Account has been opened.

3.1.2. The Client shall authorise the Company, with a limited power of attorney, to operate the aforementioned Account on the Client’s behalf.

3.2. Contribution Methods – Contributions may be made via:

3.2.1. Debit Order;

3.2.2. Once-off payment; and/or

3.2.3. Additional top-ups.

3.3. Minimums, Maximums, Pricing and Execution

3.3.1. The Company may impose minimum and maximum limits for transactions.

3.3.2. Pricing is based on prevailing market price at the time of execution.

3.4. Fractional Ownership

3.4.1. Clients may participate in fractional ownership of Precious Metals.

3.4.2. Fractional holdings are recorded in the Client’s Account and not physically allocated but represent an equivalent claim on Precious Metals held by the Company.

4. STORAGE AND CUSTODY

4.1. Storage Services

4.1.1. The Company offers Clients the option to store their Precious Metals in secured, access-controlled vaults managed either directly by the Company or by reputable third-party custodians, both within South Africa and internationally. Clients may also deliver Precious Metals to the Company for secure storage, subject to inspection and verification.

4.2. Storage Arrangement – The Precious Metals will be stored as follows:

4.2.1. On an allocated basis, where specific metals are allocated and identifiable in the Client’s name.

4.2.2. Clients participating in the fractional programs will have holdings recorded on a secure ledger but may not be entitled to Precious Metals unless physical redemption is requested and feasible.

4.3. Ownership and Title

4.3.1. Legal ownership of Precious Metals rests with the Client at all times, even while the assets are held in the Company’s vaults.

4.3.2. Clients participating in the fractional or Precious Metal programs do not obtain legal title to any specific Precious Metals until their cumulative holding equals or exceeds the minimum denomination required for allocation. Until such point, Clients hold pro-rata, unallocated beneficial interest in a Precious Metal inventory managed by the Company. Legal ownership of a specific unit of Precious Metals only vest once the Client has accumulated sufficient value for physical allocation or delivery.

4.4. Storage Fees

4.4.1. The Precious Metals stored by the Company will be subject to storage fees. The fees charged by the Company for storage will be set out on the Website and/or in the App, alternatively, a quote may be requested by the Client.

4.5. Insurance and Security

4.5.1. The Company ensures that all stored Precious Metals are covered by insurance policies issued by reputable insurers, covering various types of risks.

4.5.2. The Company will use reasonable efforts to maintain high-security protocols and compliance with industry best practices. However, the Company shall not be liable for losses due to events beyond its control (Force Majeure).

4.6. Inspections and Audits

4.6.1. Periodic audits may be conducted by the Company or independent third parties to verify inventory and compliance. Clients may request confirmation of holdings in writing and the Company will provide such confirmation within a reasonable time frame.

4.7. Termination of Storage

4.7.1. Clients may request the withdrawal or sale of stored Precious Metals in accordance with clause 5 and 6. Upon termination of the storage agreement, any outstanding storage fees will be settled prior to release or sales of metals.

5. SALE OF PRECIOUS METALS TO THE COMPANY

5.1. Eligibility for Sale

5.1.1. Clients may request to sell Precious Metals back to the Company through the Website, the App or investment facility. This option is available to Clients with holdings stored with the Company in South Africa. The right to sell is subject to the availability of market liquidity and compliance with the Company’s internal compliance, verification and risk management procedures.

5.2. Valuation and Quotation Process

5.2.1. The Quote will be issued and will be valid for a maximum time of 30 minutes from the time of issuance. Thereafter a new quote must be obtained to proceed with the transaction.

5.2.2. Notwithstanding the validity period in 5.2.1, the Company reserves the right, at its sole discretion, to confirm or reject acceptance of a Quote.

5.3. Processing Timeline

5.3.1. Upon acceptance of the Quote, transactions confirmed will receive funds within their nominated account within 4 Business Days.

5.4. Requirements and Conditions

5.4.1. Clients must have a valid and verified FICA status.

5.4.2. Sales are subject to anti-money laundering controls and internal risk mitigation processes.

5.5. Physical Sale by Clients

5.5.1. Clients wishing to sell Precious Metals not held in the Company’s custody may deliver the metals to a designated SA Bullion Office for authentication, verification and valuation. The Company reserves the right to decline to purchase any Precious Metals that do not meet purity or quality standards, apply a discounted buyback rate to tarnished, scratched or otherwise impaired items and/or charge inspection and/or delivery handling fees as applicable.

5.6. Settlement and Payment

5.6.1. Upon acceptance of the Quote and completion of verification, the Company will execute an electronic funds transfer (“EFT”) to the Client’s nominated and verified bank account.

5.6.2. It is the Client’s responsibility to ensure that correct bank account details are provided. The Company shall not be liable for delays or errors due to incorrect or incomplete information.

5.7. Tax Considerations

5.7.1. It is the Client’s responsibility to consider and report any tax consequences arising from the sale of Precious Metals. The Company does not provide tax advice and recommends that Clients consult a professional adviser.

5.8. Limitation and Discretion

5.8.1. The Company reserves the right to limit and refuse purchases from Clients in its sole discretion, including for regulatory, market and/or risk-based reasons. The Company may also delay or suspend transactions due to technical issues, force majeure events or extraordinary market conditions.

6. WITHDRAWALS, DELIVERY AND COLLECTION

6.1. Physical Delivery

6.1.1. Clients may request the physical delivery of Precious Metals stored with the Company, provided the minimum withdrawal requirements are met. This is possible once a full unit of a Precious Metal is reached. Moreover, fractional holdings must first accumulate to the minimum applicable unit of measure.

6.1.2. Delivery requests must be submitted via the Website, App or in writing and must specify the quantity and type of Precious Metal for delivery.

6.1.3. The Client will bear all associated delivery costs, including but not limited to, Courier and handling charges, insurance during transit, Taxes, custom duties and/or other applicable levies.

6.1.4. Delivery is subject to compliance clearance, verification of Client identity and FICA status, as well as settlement of any outstanding fees.

6.2. Logistics

6.2.1. Delivery timelines depend on availability, destination and prevailing logistics and courier constraints. While the Company endeavours to fulfil delivery request promptly, delays may occur due to external factors such as customs clearance, courier delays or force majeure.

6.2.2. Risk of loss or damage passes to the Client upon delivery to the designated address for courier deliveries and/or upon handover for in-person collections.

6.2.3. The Company will notify the Client of estimated delivery timelines and tracking details where available.

6.2.4. Clients are required to inspect all deliveries upon receipt and must report any discrepancies or damages withing 24 hours of delivery.

6.3. Collection In Person

6.3.1. Clients may opt to collect Precious Metals directly from the Company’s Office.

6.3.2. Collection will be released to the Client upon presentation of valid identification and completion of all required security verification steps.

6.3.3. Any applicable handling, administration or verification fees must be paid prior to release.

7. TRANSFER OF METALS

7.1. Clients/Investors may transfer metals into the Company’s storage facility. The Company reserves the right to inspect and verify metal authenticity.

8. FEES & CHARGES

8.1. Types of Fees

8.1.1. The Company charges fees for various services, included but not limited to, accrued monthly storage of Precious Metals, administrative and transactional fees, insurance cover for stored and transported Precious Metals and physical delivery of Precious Metals to the Client.

8.2. Payment of Fees

8.2.1. The Client authorises the Company to deduct applicable fees from their Client Account or from the bank account associated with their investment facility.

8.2.2. Where fees are not successfully collected via debit order or other authorised means, the arrears will be added to the next scheduled debit collection. If two consecutive collection attempts fail, the Company may redeem part of the Client’s Precious Metals to cover the outstanding amounts and apply the proceeds to settle the fees.

8.3. Review of Fees

8.3.1. Fees are subject to periodic review at the Company’s sole discretion. Material changes will be communicated to Clients via Website, App and/or direct notification.

8.4. Fee Disputes

8.4.1. Clients must notify the Company of any disputes relating to fees or charges within 7 (seven) Business Days of the charge. Failure to do so will be deemed as acceptance of the fee.

9. RISKS & DISCLAIMERS

9.1. Market Risk

9.1.1. The value of Precious Metals is inherently volatile and subject to rapid and unpredictable changes due to a variety of factors, including but not limited to, global economic conditions, changes in supply and demand, currency fluctuations, geographical events and investor sentiment. Investments in Precious Metals carry risk of capital loss.

9.2. Regulatory and Legal Risk

9.2.1. Regulatory changes may affect the legal treatment of Precious Metals, investment mechanisms, taxation, reporting obligations and client entitlements. Changes in South African law or the laws of foreign jurisdictions may influence the costs, ownership rights and/or ability to transact in Precious Metals. It is the Client’s responsibility to remain informed about the applicable laws and regulations.

9.3. Operational Risk

9.3.1. Operational failures, including system outages, communications disruptions, technical failures, cyberattacks or delays in third-party services, may affect the Client’s ability to access their account, process transactions or receive communications. While the Company maintains reasonable safeguards, no system is entirely immune to risk.

9.4. Force Majeure

9.4.1. The Company shall not be held liable for any failure to perform its obligations under this Agreement if such failure results from events beyond its reasonable control, including but not limited to, natural disasters, war, labour strikes, pandemics, changes in laws or restrictions imposed by government or regulatory authorities.

9.5. No Guarantee of Return

9.5.1. The Company does not guarantee the performance, liquidity or capital growth of any Precious Metals. Past performance is not indicative of future returns. Clients are solely responsible for investment decisions and must assess the suitability of these products in light of their own circumstances.

9.6. Liability Limitation

9.6.1. The Company shall not be liable for any direct, indirect, special and/or consequential loss or damages suffered by the Client unless such losses are proven to arise from the gross negligence, fraud and/or wilful misconduct of the Company or its authorised representatives acting within the scope of their duties. In any event, the Company’s liability shall be limited to the amount of the Client’s holdings directly affected by such event.

9.7. No Advice Provided

9.7.1. The Company provides an execution-only platform and does not offer any investment, legal, financial or tax advice. Clients are urged to consult with independent professional advisers before making investment or transactional decisions regarding Precious Metals.

9.8. Client Responsibility

9.8.1. The Client acknowledges that they are aware of the risks associated with investing in Precious Metals and assumes full responsibility for their investment decisions, including any potential losses. The Company is not responsible for monitoring market movements or advising Clients of trading opportunities or risks.

10. PRECIOUS METALS CONDITIONS AND NATURAL IMPERFECTIONS

10.1. Tarnishing and Imperfections

10.1.1. Precious Metals may naturally tarnish over time and may develop imperfections during manufacturing.

10.1.2. Such imperfections are inherent to the nature of the product and cannot be removed.

10.2. Mint Condition and Buyback Stock

10.2.1. While the Company strives to dispatch Precious Metals in Mint condition, availability may vary. In some cases, Precious Metals may be sourced via buybacks and may exhibit wear and imperfections (e.g. milk spots, tarnishing, scratches etc.).

10.3. Dispatch and Exchanges

10.3.1. If Mint condition Precious Metals are unavailable, the Company may dispatch products with imperfections.

10.3.2. Clients may request an exchange where coins with better condition are available. However, any shipping costs for such exchanges will be borne by the Client.

11. TERMINATION AND ACCOUNT CLOSURE

11.1. Client-Initiated Termination

11.1.1. Clients may terminate their relationship with the Company by providing written notice via email or other officially designated communication channels.

11.1.2. Before closure, Clients must ensure all outstanding obligations, including but not limited to storage fees, transaction charges, or administrative costs, are fully settled.

11.1.3. Any remaining Precious Metal holdings must be either liquidated or transferred to the Client, subject to applicable delivery or liquidation charges.

11.1.4. The Company will confirm account closure once all compliance checks and final reconciliations are completed.

11.2. Company-Initiated Termination

11.2.1. The Company reserves the right to terminate any Client account at its sole discretion. Reasons for terminating may include, but are not limited to, the following, namely:

11.2.1.1. Fraudulent activity or attempted fraud.

11.2.1.2. Breach of these Terms and Conditions.

11.2.1.3. Failure to comply with FICA or regulatory requirements.

11.2.1.4. Failure to provide accurate or updated information upon request.

11.2.1.5. Conduct deemed abusive, threatening, or damaging to the Company or its employees.

11.3. Effects of Termination

11.3.1. Any funds or holdings due to the Client will be returned or paid out subject to applicable liquidation, delivery and compliance processes.

11.3.2. In the event of termination, the Company shall not be held liable for any resulting loss of opportunity or investment outcomes.

11.3.3. Upon notification of account closure, the Company will retain all relevant records for a minimum period of 5 years, in compliance with applicable legislation.

11.4. Preservation of Rights

11.4.1. Termination of the Agreement does not affect any rights, obligations or liabilities incurred by either party prior to termination. The Company reserves the right to pursue any legal remedies available for unresolved breaches or unpaid amounts.

12. ADMINISTRATIVE PROCESSES

12.1. Application Acceptance

12.1.1. The Company reserves full discretion in accepting or declining any Client application. Submission of an application does not constitute acceptance or initiation of a business relationship.

12.2. System and Communication Failures

12.2.1. The Company shall not be held liable for any failure, malfunction, delay or interruption of systems, networks, internet services, mobile applications or communication tools used in the processing of transactions.

12.2.2. The Company is not responsible for third-party system failures, outages or inaccuracies in service delivery.

12.3. Transactional Discretion

12.3.1. The Company may reject, reverse or withhold any transaction request at its sole discretion, including but not limited to reasons relating to fraud prevention, compliance, regulatory obligation, market conditions or Client account concerns.

12.3.2. In such cases as the aforementioned, the Company will use reasonable efforts to inform the Client of the decision but shall not be obliged to provide justification in all instances.

13. DATA PROTECTION, COMPLIANCE AND REGULATORY POSITION

13.1. Financial Advisory and Intermediary Services Act, 37 of 2002 (“FAIS”)

13.1.1. Precious Metals are not defined as “financial products” in terms of FAIS and therefore, not a regulated product.

13.2. Protection of Personal Information Act, 4 of 2013 (“POPIA”)

13.2.1. The Company collects, processes and stores Clients’ personal information in accordance with POPIA.

13.2.2. Information collected may include identification documents, contact details, banking information and transaction history.

13.2.3. Clients expressly consent to the collection and processing of personal data by using the App, Website, or any of SA Bullion’s services.

13.2.4. Personal data may be shared with third-party service providers (such as storage custodians, courier services or regulatory bodies) for the purpose of fulfilling obligations under this Agreement.

13.2.5. The Company implements appropriate technical and organisational measures to secure personal data against accidental or unlawful destruction, loss, alteration and unauthorised disclosure or access.

13.3. FICA

13.3.1. As per clause 2.3 above, Clients are required to comply with FICA and provide supporting documentation and disclosures as part of the onboarding and ongoing verification process.

13.3.2. The Company will request specific documentation depending on whether the Client is a natural person, legal entity, trust or other recognised structure. These documents must be kept up to date.

13.3.3. The Company reserves the right to suspend or terminate services, freeze Client Accounts and/or delay transactions if the Client fails to provide adequate documentation or is non-compliant with any FICA or related regulatory requirements.

13.3.4. The Company retains the right to report suspicious and/or unusual transactions to the relevant authorities in accordance with its statutory obligations.

14. ELECTRONIC CONSENT AND MANDATE

14.1. Electronic Consent

14.1.1. In accordance with the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), the Client acknowledges that any electronic actions, including clicks, checkboxes, typed names, on-screen acceptance, or other forms of electronic confirmation made via the App, Website or digital forms, shall constitute a valid and binding electronic signature and/or consent.

14.1.2. Such actions shall have the same legal effect as a handwritten signature and the Client agrees that no further physical or “wet ink” signature is required unless expressly required by law. The Company shall maintain sufficient records, including digital timestamps, transaction logs and audit trails, to support the validity of such consent and instructions.

14.2. In-App and Website Communications

14.2.1. Any communication delivered through the App or Website, including but not limited to, notifications, transaction statements, policy updates, or system alerts, shall be deemed as officially issued by the Company and effectively communicated to the Client.

14.3. Account Security

14.3.1. The Client is solely responsible for safeguarding their login credentials and access to their account. The Company shall not be liable for any unauthorised access or loss suffered due to the Client’s failure to maintain confidentiality or implement adequate security measures.

14.4. Binding Mandate

14.4.1. By using any of the Company’s platforms, whether it be the App, Website or by completing physical forms, the Client agrees to be bound by these Terms and Conditions. Such usage constitutes an authorisation to the Company to perform the services and actions outlined in this Agreement.

15. CONSUMER PROTECTION ACT, 68 OF 2008 (“CPA”)

15.1. Consumer Rights

15.1.1. Where applicable, and where the Client is a natural person acting wholly or mainly outside the scope of business, the Client may be entitled to protections under the CPA. The Company will ensure transparent disclosure of pricing, product features and cancellation procedures in line with CPA where it applies.

15.2. Returns and Refunds

15.2.1. Due to the nature of Precious Metals and their sensitivity to market fluctuations, returns or refunds will only be permitted in cases of material error, misrepresentation or where the goods supplied do not conform to the specifications or standards explicitly agreed to, in accordance with the CPA.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”), or by a Court of competent jurisdiction within the Republic of South Africa, as agreed by the parties. The chosen method of dispute resolution shall not preclude the Company from seeking urgent or interim relief from a competent Court.