USAGE REQUIREMENTS AND AFFIRMATIVE REPRESENTATIONS
When you use this Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 18 years of age or older; (e) you are the legal owner of any Jewelry that you sell or are attempting to sell to us; and (f) you are selling or are attempting to sell Jewelry on your own behalf and are not an agent or a representative of a third party. We reserve the right to request documentation and other proof of compliance with the requirements contained in this Section Shipping and Appraisal Process, Requesting and Accepting/Rejecting a Quote, Payment, Returns and Guaranty Against Loss. You agree to provide such documentation and otherwise cooperate with Company as requested by the Company.
SHIPPING YOUR JEWELRY TO US
To request a free, insured Canada Post Gold & Silver Pack, please complete the on-line form located on the Site, and then click the button to submit your information. Your Canada Post Gold & Silver Xpress Pack will be mailed within 24 - 48 hours to the address you entered on the on-line form.
We reserve the right, in our sole discretion, to reject delivery of any envelope or package that appears to be damaged, opened or tampered with, and we will return these envelopes or packages to you by means of Canada Post. We will have no liability to any customer for returning envelopes or packages in this manner.
Upon receipt of your Jewelry, we will weigh and evaluate your jewelry and provide you with a quote by phone. We purchase Jewelry for refining, sometimes for resale. Prices for Jewelry are based solely on the weight of your Jewelry and karat grade contained in your Jewelry, not on its potential value if resold intact. We also appraise the diamonds included with the Jewelry.
OFFERS AND ACCEPTANCE
Once Company has received and evaluated the item(s) sent by you, Company will make an offer to purchase the item(s). The offer to purchase may be made via telephone call, email or standard mail. The Company does not represent or warrant that any offer to you represents fair market value of your item. The amount of the Company’s offer is determined in the Company’s sole discretion and is based upon the Company’s determination of the melt value of the gold in your item, not its resale value. You may accept the offer via the telephone, in which case, a binding oral contract is established between the buyer (Company) and the seller (you). You may also accept the offer via email. Company will then issue the agreed payment within five (5) business days of your acceptance of the offer. Immediately upon the issuance of payment, legal title to the property will be vested in Company. Payment will be made via personal check, e-check, Money Gram or Western Union.
If you do not accept the offer, you may request return of the item(s), which request must be made in strict accordance with the Company’s procedures as set forth below.
RETURNS OF NON-PRECIOUS ITEMS
We are unable to pay for Jewelry that does neither contain valuable precious metal (”non-precious items”). In the event that you sent us a non-precious item we will inform you bye telephone or, if you sent the non-precious item together with Jewelry that does not fall within the category of non-precious items, in the respective payment letter. Should you wish the non-precious items to be returned to you, they will be by standard Canada Post Mail.
RETURNS OF PRECIOUS ITEMS
If you change your mind about selling your item or are dissatisfied with the amount of the estimate you received, you must notify the Company immediately after receiving our offer from us via phone or email. Your items will be by shipped back to you via standard Canada Post Mail with standard insurance.
If we do not hear from you by telephone or email within twelve (12) DAYS after we notified you of our offer by phone and/or by email, we will mail a check for the value of your items appraised by our in-house professionals, your metals will be sent for melt down or resale.
These time limitations cannot be waived for any reason. Company will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed.
The Company will insure the returned item for no more than the amount offered by Company, regardless of the amount it was insured for when mailed by you to the Company, unless you notify the Company by e-mail or fax prior to the return shipment and you agree to pay for any extra insurance requested. You agree to waive any losses not covered by the amount of insurance purchased accordingly by Company. In the event the items returned to you are lost in transit, your sole remedy is to seek reimbursement via the insurance carrier engaged by the Company, and such losses and claims are subject to the terms and conditions of the insurance carrier and the policy purchased by Company on your behalf.
In no event will either party be liable for any subornation claim brought by the other party's insurance carrier. Each party expressly waives any subornation of itself and on behalf of its insurance carrier(s).
This limitation of liability is binding on you and any third party, including but not limited to, your heirs, successors, assigns, insurance carriers, and any other individual or entity asserting any right or claim relating to your transaction with Company. In no event shall Company be liable for any damages from the loss or destruction of property in its possession for any reason except any loss or destruction due to willful misconduct or gross negligence, or as otherwise stated herein. Company shall not be liable for any subrogation claim brought by your insurance carrier, and, by submitting an item to Company, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
Company will be liable only for the least of the following amounts:
A. the liquidation value as established by Company’s professional evaluation of the value of the total contents loss.
B. one third (1/3) of the appraised value of the contents according to a “Certified Appraisal” submitted by you to Company prior to the shipping of the item(s) to Company. A “certified appraisal” means a written appraisal issued by one of the following professionals: a Registered Jeweler, a Certified Gemologist, a Certified Gemologist Appraiser, or an Independent Certified Gemologist Appraiser.
C. The sum of One Hundred Dollars ($100.00 CAD).
You expressly acknowledge and agree that if the Company did not issue an offer amount prior to you submitting the item to the Company, the applicable value set forth immediately above shall be conclusive and binding, provided that IN NO EVENT shall the Company’s liability exceed One Hundred ($100.00) Dollars.
Company shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, or loss of profit or opportunity, other than as set forth herein above. By submitting items to the Company, you explicitly and expressly accept this limitation of liability.
If you believe your gold jewelry or other property is worth more than $100.00, we recommend that you insure your shipment for more at your own expense using any carrier you choose.
All claims for delivery loss must be submitted within thirty (30) days of the date of loss (“Claim Period”) and must be submitted on the supplied claim form, which is available upon request to Company. Each claim form must be completely and accurately completed and filed with Company within the Claim Period, complete with all required documentation as set forth herein and as requested by the claims representative, or the claim will be rejected.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, your use of this Site, content on the Site or the Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you.
NO THIRD PARTY BENEFICIARIES
This Agreement is between you and us. There are no third party beneficiaries to this Agreement.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF THE GOLD CHART DATA APPEARING ON THIS SITE. THIS DATA IS PREPARED BY THIRD PARTIES, AND WE INCLUDE THIS CHART ONLY FOR GENERAL INFORMATIONAL PURPOSES.
YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.
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