THESE TERMS AND CONDITIONS ARE LEGALLY BINDING ON YOU WITH RESPECT TO ANY “TRANSACTION” AS THAT TERM IS DEFINED BELOW. BY ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS AS A PREREQUISITE TO ANY OF THE AFOREMENTIONED ACTIVITIES WITH US.
Terms & Conditions
The terms “you” and “your” refer to the person(s) or entity offering an item(s) for purchase and/or sending any item(s) containing gold, platinum, silver, other precious metals, gemstones (including but not limited to Diamonds, Rubies and Emeralds), or any combination thereof (collectively hereinafter referred to as “Merchandise”) to Company for sale and purchase, as well as accessing or using our websites and providing us with your personal information (collectively hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to Company (through any of its divisions) and its employees, agents, members, owners, directors, officers, successors, and assigns. By using our services and/or sending us your Merchandise, you agree to the terms and conditions set forth herein.
Ownership of Merchandise:
You agree and warrant that (1) you are at least eighteen (18) years of age; (2) you have good and marketable title to the Merchandise you send to us; (3) you have full authority to sell and transfer said Merchandise; (4) you are the actual legal owner of any and all Merchandise offered to be sold to us; (5) you are acting on your own behalf, and not as another’s agent or representative; (6) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (7) your description of the Merchandise in the shipping materials you provide to us is accurate and complete; (8) you will NOT send in any hazardous or illegal materials, including, without limitation, and Merchandise or other material containing Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other deleterious elements; (9) your possession of the Merchandise is not from, or the result of, illegal activity in this country or any other country; (10) any transaction initiated by you will not cause or result in us to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any stated or any foreign country; and (11) you will provide any documentation and/or information reasonably requested by us in connection with or related to you, the foregoing, the Merchandise or the Transaction.
You agree to and will indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any Transactions with us, any noncompliance with these Terms and Conditions or agreement with us, or the title to, ownership of or lien on any Merchandise offered for sale, sold or purported or arranged to be sold by you to us.
Compliance with State and Federal Regulations:
The State of Florida (Fla. Stat. 538.32(2)) required us to obtain certain information from you in order to process or engage in any Transaction with you and issue a payment to you including your name, address, telephone number, email address, driver’s license number or other government-issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver’s license number or other that you are of lawful age and that the drier’s license number or another government-issued identification number and another identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise in order to process your payment.
FURTHERMORE, PURSUANT TO FLORIDA LAW IF WITHIN 30 DAYS OF OUR NOTICE TO YOU OF YOUR FAILURE TO PROVIDE REQUIRED INFORMATION YOU FAIL TO PROVIDE SUCH REQUIRED INFORMATION OR FAIL TO REQUEST THE RETURN OF YOUR MERCHANDISE, SUCH MERCHANDISE MAY BE DEEMED ABANDONED AND THEREAFTER RELINQUISHED TO THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF UNCLAIMED PROPERTY. COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO REFUSE SERVICE OR REJECT ANY MATERIAL THAT IS NOT CONSISTENT WITH OUR STANDARDS.
In addition, we have instituted an anti-money laundering compliance program under the USA PATRIOT Act. You may be asked information to help us comply with our program and applicable laws.
We reserve the right to disclose your personally identifiable information upon request by law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and.or to comply with a judicial proceeding, court order or legal process.
Loss or Damage Guarantee:
Except for Merchandise sent to us using FedEx® shipping label in accordance with the guarantee below, we will have no liability for any Merchandise while in transit or otherwise in the possession or custody of any party other than us, including, without limitation, any common carrier, customs authority or postal or delivery service.
We reserve the right, in our sole discretion, to reject delivery of any mail, envelope, package or other material that appears damaged, opened or tampered with. Any inbound material that we reject will not be deemed to have been “received” b us. any such rejected material will be returned to you, and we will have no liability for any such attempted delivery or return of any Merchandise.
If you send us Merchandise from an approved FedEx® location (i.e. in person at a FedEx store, in person at a FedEx® Kinko’s, not a FedEx® Dropbox, not a FedEx® Authorized Ship Center) using FedEx® Express Saver Shipping with a FedEx® shipping label provided by us, we guarantee your package against loss or damage of up to $500, e.g., we will pay the difference between the coverage against loss or damage provided by FedEx® and $500. If you believe that you need additional coverage, then it is your responsibility to obtain such additional coverage at your expense before sending us your Merchandise. You can contact us by telephone (941) 818-4900 to arrange for the additional coverage or for shipping instructions. In order to make a claim for such loss, you must provide proof of shipping receipt, proof that the Merchandise is lost, receipts, appraisals or other proof of retail value, and file a claim for such damage, you must provide proof of shipping receipt, proof that Merchandise is damaged, demonstrate that the package was not damaged prior to shipping, and file a claim with both us and FedEx® within 30 days of damage. We will pay the amount under our $500 guarantees after you receive payment from FedEx®. In order for us to cover Merchandise in excess of $500 you must: Contact us prior to shipment; use a FedEx® box that is covered under the FedEx Declared Value Exemption program; have receipt or valuation documenting the requested Declared Value Exemption for the contents of your package; receive a written or fax confirmation from us that your request for a Declared Value Exemption has been approved by FedEx® and us.
If the event of a loss or damage after we acknowledge receipt and verification of Merchandise in writing, our liability will be limited to one-third (1/3) of the appraised value of the lost or damaged Merchandise or Five Hundred Dollars ($500.00), whichever is less.
If you do not provide us with a written third-party appraisal (issued prior to delivery to us) for the Merchandise, the value of your Merchandise for purposes of our liability will be the amount of our payment for your Merchandise determined by us in our sole discretion. You expressly acknowledge and agree that if you do not provide such an appraisal, our determination of value shall be conclusive and binding.
In order to make a claim for loss or damage of any Merchandise after we receive it, you must submit a claim to us after thirty (30) days and within ninety (90) days of your mailing or shipping the Merchandise to us. Such claim must be made on the claim form provided by us (which is available on request). We will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to us in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form.
Determining Your Offer:
After our receipt and determination of our payment for your Merchandise, we will, in our sole discretion, either (A) provide a telephone or email offer prior to issuing a check for payment for the purchase of your Merchandise, (B) instead of making an offer by telephone or email, provide you with an email link to the amount of our payment for the purchase of your Merchandise and issue you a check that constitutes such payment, or (C) make our Offer payment for your Merchandise available for viewing online using your customer account and notify you by email or telephone that our Offer payment is available for you to view by logging into your customer account (“Notice”).
We do not provide written appraisals. Telephone conversations and negotiations with our employees, agents, and independent contractors may, at our discretion, be monitored and/or recorded.
We have the sole and absolute discretion to fulfill or not fulfill any request for shipping materials, to make or not make an offer or issue or not issue a check or payment for any Merchandise, or otherwise to pursue or not pursue the purchase of any Merchandise.
With respect to telephone or email offers, upon your acceptance, oral or written, of such offer, you will be legally bound by such transactions, we will be obligated t make the agreed payment and you will not have the opportunity or right to rescind the transaction or receive your items back from us. Our offer, after a physical evaluation of your items, may differ from any preliminary quote we may provide.
With respect to checks issued for payment without a telephone or email offer, upon your cashing, deposit or other acceptance of the check, or your failure to provide timely notice of non-acceptance as provided below, you will be legally bound by the Transaction and you will not have the opportunity or right to rescind the Transaction or receive your Merchandise back from us. If you do not wish to accept our check and would like your items back, you must call is at (941)918-4900 to provide notice of your non-acceptance to a customer service representative within fourteen (14) day period, then after receiving you check we will return your Merchandise in accordance with the Returned Merchandise section below. In advance of our issuing a check, you may request a telephone or email quote for your Merchandise. Upon your acceptance, oral or written, of such quote, you will be legally bound by such Transaction, payment by h will be issued promptly by us, and you will not have the opportunity or right to rescind the Transaction or receive your items back from us.
With respect to payment made available for viewing on your customer account, you may decline our payment for your Merchandise within 24 hours after we send our “Offer Notice” to you either by logging into your customer account or by contacting us at (941)718-4900. If you do not decline our payment within such time frame as set forth above, or if you accept our payment using your customer account, then you will be legally bound by the Transaction and you will not have the opportunity or right to rescind the Transaction or receive your Merchandise back from us. In such event, we will send the payment indicated in your customer account to you in accordance with the method of payment you selected using your customer account, the payment method indicated in your submission materials or as otherwise determined by us (including, without limitation, by check if not method of payment has been selected). You can use your customer account to enter your preferred payment option. If you decline our payment within the time frame and as set forth above, then we will return your Merchandise to you at the address indicated in our records in accordance with the Returned Merchandise section below.
Promotions may not be combined. Promotions benefits will not be awarded unless your kit contains a precious metal value, defined as the Offer before application of benefits, of at least $250. Promotions are not applicable to bullion items, such as coins, bars, or other material of 90% or greater purity. Promotions are only redeemable once per Customer.”
Method of Payment (customer account only):
If you select to use your customer account, you agree and acknowledge that your fully understand how to use your customer account, including, without limitation, the terms of payment, set forth below and on our websites. Once you submit your request for a package through your customer account, you may select online one of the following methods of your payment for your Offer:
Company check sent via the United States Postal Service by regular mail. (This is our default Offer payment method. If you fail to select a method of payment on the form enclosed with your shipment, then you will receive a company check via the United States Postal Service.
Company check sent via FedEx® Overnight Shipping with the fee of $23 deducted from the payment of your offer.
In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the shipping method of our choosing at our expense (which may be regular mail), and will provide insurance coverage for the full amount of the rejected Offer.
Electronic Communication and Signature:
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY EMAIL, USE OF ELECTRONIC CONTRACTS AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE OUR GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.
YOU AGREE AND CONSENT TO BE CONTACTED BY THE US, OUR AGENTS, EMPLOYEES, AFFILIATES, VENDORS, AND RELATED THIRD-PARTIES THROUGH THE USE OF EMAIL, AND/OR TELEPHONE CALLS AND/OR SMS/MMS TEXT MESSAGES TO YOUR CELLULAR, HOME OR WORK NUMBERS, AS WELL AS ANY OTHER TELEPHONE NUMBER YOU HAVE PROVIDED IN CONJUNCTION WITH A TRANSACTION, INCLUDING THE USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS, AUTODIALERS, OR AN ARTIFICIAL PRERECORDED VOICE.
Limitation of Liability:
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT,, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF OUR TO YOU OR $1000 PER TRANSACTION. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (a) ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGED, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (b) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF OF YOUR INSURANCE CARRIER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OF GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL HAVE NO, AND ASSUME NO LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, THE USE OF OUR SERVICE, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
You agree that you provided to us your correct email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further agree that: (a) and email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (b) any phone message we leave with you, anyone answering your phone, or on your answering machine or service at the telephone number(s) you provide to us is effectively received by you and constitutes due notice to you by telephone. In the event of any strike, disruption of service, or any other problems or issues that we might encounter with FedEx®, we reserve the right in our discretion to replace FedEx® with another shipping carrier.
All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 9:00 p.m. in Florida on the appropriate day. Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth above may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other storms.
Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same.
The invalidity, in whole or in part, or any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
These Terms and Conditions are intended to confer rights and benefits only on the Parties and categories of individuals and entities related to us that are referenced herein and are not intended to confer any right or benefit upon any other person or entity.
Applicable Law, Waiver of Jury Trial, and Agreement to Arbitrate:
The company is licensed to do business in the State of Florida and is governed by the laws of the State of Florida, including without limitation, Chapter 538.31 et seq., and we expressly reserve the right modify these Terms and Conditions, as well as any Transaction or other agreement with us to comply with applicable state or federal law. You agree that any Transaction or other agreement you enter into with us shall be construed and enforced in accordance with and governed by the laws of the state of Florida and applicable federal law, without reference to or application of Florida’s conflict of law principles. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST COMPANY MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN SARASOTA COUNTY, FLORIDA, USA and you expressly agree that any such Court as personal jurisdiction and forum non-conveniens.
CLICKING ON TE SUBMIT BOX AT THE END OF THE OUR “GET STARTED” FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE AND AGREEMENT TO THESE TERMS AND CONDITIONS AND THAT YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD ALL THE TERMS AND CONDITIONS.