The terms and conditions contained herein shall be binding on each and
every customer of Cash4Gold and shall inure to the benefit of
Cash4Gold and Cash4Gold’s successors and assigns.
Requirements For Use
Every customer must be at least twenty-one (21) years of age in order
to conduct business with cash4gold. In addition, every customer of
cash4gold must be the actual legal owner of any and all
gold,jewelry,and other property sold or attempted to be sold to
cash4gold, and every customer must be acting on his or her own behalf
and not as the agent or representative of another person. Cash4gold
may, but shall not be obligated or required to, request documentation
or other proof of compliance with the requirements contained in this
paragraph.
Guaranty Against Loss
Cash4Gold will guaranty against loss of the total contents properly
shipped to Cash4Gold in accordance with the instructions and
procedures established by Cash4Gold and subject to the terms and
conditions displayed at Cash4Gold.com®. Cash4Gold reserves the right,
in its sole discretion, to reject delivery of any mail, envelope or
package which appears to be damaged, opened, or tampered with and any
such mail, envelope or package will be returned by the post office to
the customer. Cash4Gold shall have no liability to any customer for
any such attempted delivery or return of any such items.
Waiting Period For A Claim
A customer who wishes to submit a claim to Cash4Gold must wait at
least sixty (60) days before submitting a claim form. In order to be
processed, the claim form must be fully and accurately completed,
signed and mailed to Cash4Gold LLC in accordance with the claim form
instructions. The customer must submit any and all supporting
documentation with the completed and signed claim form. Failure to
properly complete, sign and/or mail the claim form will result in the
denial of the claim by Cash4Gold.
Limitation Of Liability
This limitation of liability shall be binding on each and every
customer and any third party, including, but not limited to, the
customer and the customer’s successors, assigns, insurance carriers
and any other individual or entity asserting any right or claim
relating to customer’s transaction with Cash4Gold.
In no event shall Cash4Gold be liable to any third party, including
any insurance carrier. Cash4Gold shall not be liable for any
subrogation claim brought by customer’s insurance carrier, and, by
submitting an item to Cash4Gold, customer expressly and specifically
waives any such subrogation claim on his or her behalf as well as on
the behalf of his or her insurance carrier.
Cash4Gold's liability is and shall be expressly and specifically
limited to the LEAST of the following sums:
1. The liquidation value placed on the total contents by Cash4Gold in
Cash4Gold's sole discretion;
2. One third (1/3) of the appraised value of the contents according to
an appraisal submitted by a customer/seller to Cash4Gold, which
appraisal was issued prior to the shipment of the item to Cash4Gold;
and,
3. The sum of One Hundred ($100.00) Dollars.
The customer/seller expressly acknowledges and agrees that if there is
no appraisal which was issued prior to the contents being submitted to
Cash4Gold, Cash4Gold's liquidated value shall be conclusive and
binding and further, that in no event shall Cash4Gold's Liability
exceed One Hundred ($100.00) Dollars.
Cash4Gold shall not be liable to anyone for any damages, including but
not limited to, incidental, consequential, punitive, loss of profit or
opportunity, other than as set forth herein above.
By submitting the item, customer explicitly and expressly accepts this
limitation of liability
IF YOU BELIEVE YOUR GOLD,JEWEWLRY OR OTHER PROPERTY IS WORTH MORE THAN $100.000, WE RECOMMEND THAT YOU INSURE YOUR SHIPMENT FOR MORE AT YOUR OWN EXPENSE USING ANY CARRIER YOU CHOOSE.
Verbal Offers
Any customer or prospective seller may request Cash4Gold to provide a
telephone or e-mail quote for his or her items after such items have
arrived at Cash4Gold’s processing facility. Verbal offers may, at the
discretion of Cash4Gold, be recorded. Upon a verbal acceptance by the
customer of the telephone or e-mail quote, payment will be issued by
Cash4Gold within twenty four (24) hours of such acceptance, and the
ten (10) day customer satisfaction holding period guaranty will no
longer be applicable to such transaction.
Gold Chart Disclaimer of Liability
Cash4Gold shall not be responsible for the contents of the gold chart
data appearing on its website. These charts are prepared and provided
by third parties other than Cash4Gold, and Cash4Gold includes such
charts only for general information to its customers, and Cash4Gold
shall not be liable to anyone who relies on the information contained
therein.
Return Insurance Liabilities
Customers offering merchandise for sale to Cash4Gold understand and
expressly accept and agree that they will be offered the fair market
wholesale value for such items. If an item is returned to a customer,
Cash4Gold will insure the item for no more than twice the amount
offered by Cash4Gold regardless of what it was insured for when mailed
by the customer to Cash4Gold unless Cash4Gold is otherwise notified by
e-mail or fax by the customer prior to the return shipment. Cash4Gold
shall, in its sole discretion, choose the return carrier, insurance
and receipt verification method for each transaction.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions. Cash4Gold's failure
to exercise or enforce any right or provision of the Agreement will
not be deemed to be a waiver of such right or provision. If any
provision of this Agreement 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 of this Agreement
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Any such claim or cause of action must be filed in the State of
Florida.
Cash4Gold shall be entitled to reimbursement for any and all costs
incurred by it in defending any civil action filed or attempted to be
filed in any jurisdiction outside of the State of Florida, including
but not limited to, attorney’s fees incurred by Cash4Gold.