Terms.
These terms apply when you sell precious metals to, or buy them from, Osiris Precious Metals, a trade name of Delizia Capital, LLC ("we", "us"). By accepting a written estimate you agree to them.
Estimates and pricing
"Spot," on this website and in our estimates and emails, means the Kitco bid for that metal: the live price on kitco.com at which the wholesale market buys. A rate stated as a percentage of spot is a percentage of the Kitco bid. Prices on this website are a guide, not an offer to buy or sell. When you send an estimate request, our published bid percentages that day are held for you for 7 days. If you ship within those 7 days, we pay at those percentages even if our published bids change, and later changes don't affect a package you've already shipped. Your rate is binding only when stated in a written estimate that you accept, and the estimate confirms which rate applies to each item. The dollar amount in an estimate isn't fixed, because it moves with the Kitco bid. We have no control over the Kitco bid, which may go up or down. Rates are a percentage of the Kitco bid, applied to the weight and purity we verify, using the Kitco bid at assay or, for coins and bullion, at the time we verify your package. We state the bid used on your payment confirmation.
Shipping to us
You choose the carrier and pay shipping and insurance. Risk of loss stays with you until the package is delivered to us.
Verification and payment
Scrap and other metal priced by content are melted and paid on the precious metal recovered: gold scrap on its gold content and silver scrap on its silver content, as determined after melting. Stones, non-precious metals, and non-metal parts are paid $0. Silver contained in gold items is not paid unless you request a mixed scrap settlement in writing before shipping, in which case the gold and silver recovered are paid, less a fee of $100 per lot. By shipping scrap, you authorize melting and agree to be paid on those results. Melted material, including any item found to contain no precious metal, isn't returned. You can cancel a scrap sale any time before your items are melted, and we'll return them at your expense. Coins and bullion are verified on arrival with tests that don't damage them; if one isn't as described and you decline the adjusted amount, we return it at your expense, except as described under "Counterfeits, stolen property, and false documents" below. We pay within 7–10 business days of delivery, by the method you choose, only to an account in your name.
Who may sell to us
You must be 21 or older to sell to us, provide current government photo ID, and sign a sworn statement that you own the items or are authorized to sell them. We may decline any transaction. We don't currently buy from residents of Florida, Kentucky, Michigan, New Mexico, Ohio, or Utah. From Texas and Washington we buy only coins and certain bullion, and from Arizona, Arkansas, and Maryland, coins only.
Items we don't accept
We don't accept items bearing personal engravings, inscriptions, or serial numbers, except the refiner's serial number on a bullion bar. Gold-filled, gold-plated, and vermeil items are accepted only as part of a larger lot, and lower the final purity of the melt.
Counterfeits, stolen property, and false documents
Counterfeit and replica items aren't paid for or returned. You agree that counterfeit coins may be surrendered to law enforcement, that other counterfeit or replica items may be surrendered, marked as copies, defaced, or destroyed, and that you give up any claim to them. If we reasonably believe an item is stolen, or that an ID, statement, or other document you provided is altered or untrue, we may hold the items and withhold payment while we look into it, decline the transaction, keep our records, and report the matter to and cooperate with law enforcement. Items we believe are stolen are not returned to the sender. We may not be able to tell you whether a report has been made.
Legal compliance
We maintain an anti-money-laundering program under the Bank Secrecy Act, and may ask for additional information or decline a transaction. Cash and certain cash equivalents over $10,000 received in related transactions are reported on IRS/FinCEN Form 8300. We don't purchase bullion in forms and quantities reportable on IRS Form 1099-B, and we may decline any part of a lot that would be. We cooperate with law enforcement on stolen property.
No buy-back
Once a sale is complete, we can't promise to sell the items back to you.
Buying from us
Orders ship after cleared payment. We don't offer deferred delivery, storage, or financed purchases. All sales are final: we can't offer refunds or returns because metal prices change constantly. If an item arrives damaged or isn't what you ordered, email us within 3 days of delivery with photos and we'll replace it. If you later sell us back items you bought from us, we pay one percentage point more than our published bid for them (for example, 96% instead of 95%) when you give us your order number. Orders shipped to California have a $2,000 minimum per transaction, so qualifying coin and bullion orders are exempt from California sales tax.
No advice
Nothing on this site, in our guides, or in our emails is legal, tax, financial, or investment advice. It's general information about precious metals and how we do business. Tax rules depend on your own situation, so ask a qualified professional before you act on anything you read here.
Evaluations are not appraisals
Our evaluations are offers to purchase. We're not an independent appraiser, and our offers aren't qualified appraisals for IRS, estate-tax, insurance, or probate purposes.
Disputes
If something goes wrong, please email us at sales@osirismetals.com first: most problems can be settled quickly that way. If we can't resolve a dispute within 30 days of hearing from you, you and we agree to settle it by binding individual arbitration instead of in court, except as described below. You can opt out of arbitration by emailing us within 30 days of your first request to us, with "Arbitration opt-out" in the subject; opting out changes nothing else in these terms.
- The arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules, and held in San Francisco, California, or by phone or video if you prefer.
- Beyond the filing fee those rules set for you, we pay the arbitration fees, including the arbitrator's.
- Either of us may instead bring an individual claim in small claims court.
- Claims are brought only individually, not as a plaintiff or class member in a class, collective, or representative proceeding.
- Nothing here stops either of us from asking a court for public injunctive relief; that claim goes to court, after any arbitration of individual claims.
- The Federal Arbitration Act governs this agreement to arbitrate. If the class-action waiver above is found unenforceable for a claim, that claim goes to court, not to arbitration.
A small claims case may be filed in the small claims court where you live or in San Francisco. Any other matter that goes to court under these terms will be heard in the state or federal courts located in San Francisco County, California, and you and we agree to their jurisdiction.
Governing law
These terms are governed by California law, except that the Federal Arbitration Act governs the agreement to arbitrate.
Delizia Capital, LLC · sales@osirismetals.com