1. Personal Requirements and Ownership of
Merchandise:
You agree that you are at least 18 years of age. You agree
that you are the legal owner of the merchandise you wish to sell to us or you
have the authority of the owner. You further agree that the merchandise you are
offering for sale is free and clear of any and all claims, liens, or any other
impairment that may adversely affect the value of the merchandise or your
ability to lawfully sell it to us. You agree to provide us with proof of your
identity, in the form of a current driver's license, official state id,
passport, or other official id issued by the United Sates of America.
2. Receipt and Processing of Merchandise:
We will maintain records of the sale or purchase of your merchandise for a
minimum of 2 years from the date of the transaction, which records shall contain
a description, serial number, make, model, and other unique identifying marks,
numbers, names, or letters appearing on the merchandise.
3. Settlement and Payment:
For your convenience, payment for your merchandise will be
made by means of US Legal Tender except in situations where the amount being
paid is above $7,500. For all transaction above $7,500 we offer payment in the
form of company check. The transaction for your merchandise becomes
final upon payment by us. Once payment is made, the transaction becomes final.
We will own the merchandise. At that point you will have no right to claim that
the merchandise be returned to you and the merchandise may be destroyed in
accordance with our procedures, which may include melting and refining. By
agreeing to these terms and conditions you expressly waive any rights of
rescission or grace period you may have under applicable Consumer Protection
Laws. Prices will be based on the New York Spot Price. Prices on our
website are estimates only and they are non-binding. When you lock-in your
price, you are locking in the spot price at that time. Phone quotes are
estimates only unless you are granted a "price lock" and provided with a
confirmation number. We will pay you the
exact spot price for your gold minus any applicable broker/refining charges.
Broker/refining charges will be determined by us (at our sole discretion) and
will vary based on factors not limited to but including the condition of your gold
(recognized bullion, unrecognized bullion, or scrap), the total weight of
your gold, and if the seller is a member of the public or a proper second-hand
dealer.
4. Returned Merchandise:
We reserve the right to refuse to purchase your merchandise
and return it to you. The decision to refuse to purchase merchandise is made at
our sole discretion.
5. Electronic Signatures:
For purposes of this transaction,
you hereby agree to the use of electronic signatures, use of electronic contracts, and to fully accept the terms and conditions
contained herein.
6. Limitation of Liability:
In the event of a claim against us by you, you agree that
the legal limit of our liability to you shall not exceed the value of the
merchandise submitted by you. Our liability will not exceed the
cost of actual damages incurred by you.
7. Choice of Laws, Waiver, and Claims:
This agreement shall be governed by the laws of the State of
California. Any failure on our part to exercise or enforce any right or
provision of these Terms and Conditions will not be deemed to be a waiver of
such right or provision. If any provision of these Terms and Conditions is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions herein shall remain in
full force and effect. Any dispute arising from this transaction must be brought
to our attention in writing within one (1) year from the date of the transaction
or be forever barred. Any such claim or cause of action must be filed in the
State of California, and you hereby waive all defenses of lack of personal
jurisdiction and forum non-convenience.
8. High Price Guarantee:
We guarantee that we will beat any verifiable offer on gold
jewelry.
We determine at our sole discretion, how we verify offers. Also, we
determine at our sole discretion if we will consider an offer to be verified.
For a competitive offer to be considered, it must be made by a properly licensed
dealer within the San Diego area. Also, the dealer must be a dealer who
purchases solely from the public. The offer must be a cash offer.
Each customer is limited to using our guarantee on one item per year.
9. Miscellaneous:
You agree that you provided to us the 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 any email message that we send to you is deemed to have
been effectively received by you and constitutes due notice to you for any
purpose required in these Terms and Conditions. We reserve the right to
change these Terms and Conditions and the content of our web site at any time.
We are organized to do business in the State of California and are governed by
the laws of the State of California. Notwithstanding any other provision herein
to the contrary, we reserve the right to suspend or enlarge any time frame
specified herein, 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 may be suspended or
extended in our discretion with or without notice to you in the event that we
encounter technical difficulties concerning our web site or otherwise, or
encounter any other delays attributable to acts of God, including but not
limited to fires, hurricanes, and other storms. We reserve the right to
refuse service to anyone.