You may be about to enter into a significant
financial transaction with us.
The purpose of these Terms of Service (Terms and Conditions)
is to clearly establish the operating basis, policies and procedures
of the Gold & Stone Exchange. Any propsective client is encouraged
to read and understand the below text. Any and all questions shoul
be answered completely before conducting business with us..
Our goal is to provide good service and fast, fair precious
metal transactions to the public. The below agreement outlines
that process.
- The Management
By using our service you are agreeing to the following terms
and conditions.
Our goal is to process your items in a swift, secure and professional
manner and offer you a fair payment for your items. The amount
we pay for your items is based on market conditions, our standard
prices on recycled metals, our experts' evaluations and our transaction
fees. Currently our transaction fee on recycled precious metals
is 6.0% (six percent) of the gross recycled metal value.
To qualify to do business with us, ALL the following must be
true:
1. You must be a least 18 years of age
2. You must be the actual owner of any and all items sent in
and legally able to sell them;
3. You must not be acting as an agent or representative for another
person or entity;
4. You must be physically located in the United States, a US
possession, territory or US military base;
5. Your intention must be to sell the items for their scrap value
based on our evaluation;
6. The item(s) must hold no significant personal, historic, artistic
or intrinsic value beyond the value of their component metals
and stones;
7. You believe the items contain significant amounts of gold,
silver, platinum or are legitimate diamonds;
8. You agree to include a packing slip with any shipment detailing
the shipment contents i.e. "Two gold rings, one small silver
chain, two gold necklaces" so we know your shipment arrived
complete.
The Gold and Stone Exchange may, but shall not be obligated or
required to, request documentation, proof of identity or compliance
with the above requirements.
The Gold and Stone Exchange is not an appraisal service and makes
no warrants as to evaluation accuracy.
NOTE: U.S. Citizenship is not a requirement to sell your items
to the Gold and Stone Exchange. Transactions or a series of transactions
with the same person totaling more than $10,000.00 are reportable
under applicable BSA and DHS regulations.
Sending in Items
You agree to package your items in such a way as they arrive
complete at our processing facility. You are encouraged to use
our custom made and freely provided Gold Exchange Kit. If you
don't feel the Gold Exchange Kit is adequate for your items you
may elect to ship your merchandise with your own packaging and
insurance through another carrier (USPS, UPS, FedEx, DHL, etc.)
of your choice and at your own expense.
We reserve the right to refuse delivery of or return damaged,
opened, tampered with or incomplete shipments in which case we
shall have no liability to you for any such attempted delivery
or return of any such items. We also reserve the right to return
shipments which contain incomplete or missing packing slips. We
reserve the right to video record the opening and initial inspection
of any shipment.
Lost shipments and Insurance
Lost shipments are rare and each one is investigated and documented
for US Postal Inspectors. If you use our Gold Exchange Kit and
special security envelope to send in your items then our liability
will be limited to a maximum of one-third (1/3) of the value of
the items in the shipment, or One Hundred ($100.00) Dollars, whichever
is less. If there is no original sales slip or appraisal, then
our liability will be limited to Twenty ($20.00) Dollars. You
expressly acknowledge and agree that if you do not provide a sales
slip or appraisal verifiably issued prior to your shipment being
made to the Gold & Stone Exchange then the determination of
value by the Gold & Stone Exchange shall be conclusive and
binding.
If you believe the value of the items is worth more than our
liability amount above then we recommend that you ship your merchandise
with your own packaging and insurance through another carrier
(USPS, UPS, FedEx, DHL, etc.) of your choice and at your own expense.
Except as expressly provided in these terms and conditions, we
will have no liability to you whatsoever, whether arising in connection
with your use of our Gold Exchange Kit, our web site, loss of
property or for any other reason, including, without limitation,
the Gold & Stone Exchanges own acts or omissions. In no event
will our liability to you exceed one-hundred dollars ($100.00).
We will not be liable to you for any damages, including but not
limited to, incidental, consequential, punitive, loss of profit
or opportunity, other than as expressly set forth in these terms
and conditions.
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 The Gold
& Stone Exchange.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL,
INDIRECT, CONSEQUENTIAL,OR PUNATIVE DAMAGES, OR LOSS OF PROFIT
OR OPPORTUNITY; (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 AS WELL
AS ON BEHALF OF YOUR INSURANCE CARRIER.
Claims Procedures
To file a claim regarding a lost shipment please contact the
service department at The Gold and Stone Exchange (service@goldandstoneexchange.com)
and request a claim form. Claims must be made at least 60 days
after the date of mailing your shipment to us but not later than
120 days. Claim forms must be completely and accurately filled
out per the instructions on the form and notarized. Supporting
documentation must also be submitted with the form. Failure to
comply with these requirements will constitute a waiver by you
and result in denial of your claim.
Payment
When we evaluate your shipment a settlement payment will be automatically
generated. Payments for your items are for complete lots only.
The amount paid is for the entire lot. Partial returns and/or
partial payments will not be made.
Payments by Check:
Upon receipt of your shipment in our processing center your items
will be evaluated and a settlement payment for the fair recycle
value as determined by our experts, minus our processing fee of
6% (six percent) will be sent in the form of a company check to
the address included with the shipment.
If you do not agree with the Settlement check you receive or
decide not to sell your items after receiving the Settlement check,
then you must take the following actions:
(a) you must notify us via email at service@GoldandStoneExchange.com
- that you choose to decline the Settlement and will be returning
the un-cashed check, and;
(b) we must receive your returned un-cashed check within 10 business
days from the date of the check. The check must be received at
the address printed in the top left corner of the un-cashed check.
You are responsible for returning to us the un-cashed check at
your expense and bear responsibility for lost returned checks.
If you satisfy the requirements set forth in this document and
our evaluated value of the entire shipment is $15.00 or more then
we will return your items at no charge to you. If the approased
value is below $15 then there is a $15.00 return fee to be paid
in advance before the items are returned. Return fees must be
paid within 30 days or the items will be disposed of.
Failure to satisfy the requirements above will cause you to forfeit
your right to decline the Settlement and the Transaction will
be final. The items will be the property of the Gold & Stone
Exchange and distributed in accordance with our procedures including
melting and refining, resale or disposal.
If we are retuning items to you and their value is $15.00 or
more, we will ship your items to the address as it appears in
our records via the shipping method of our choosing at our expense.
We will insure the return shipment for the value of the rejected
settlement.
Payments by Paypal
If you elected to receive your payment via PayPal then you acknowledge
and agree that you accept the settlement amount upon receipt and
that you waive any right to decline the settlement or request
the items to be returned to you. You acknowledge that in choosing
the accelerated payment method of Paypal that you willingly choose
to waive the right to decline the settlement amount and that all
transactions are final and irreversible.
Verbal/Email Offers
Verbal offers, when made, may be recorded. Upon your acceptance
of a verbal or email offer, payment or a supplemental payment
will be issued by the Gold & Stone Exchange and you shall
have no right to thereafter decline the settlement, supplemental
settlement or request the items be returned to you.
Bonuses and GIFT Cards
We occasionally offer a cash bonus or award for transacting business
with us. In the case of the Walmart Gift Card we will award any
client with an eleigble shipment a $10 Walmart ift card under
the below conditions:
That the shipment be postmarked no later than 10 days from the
date the Gold Exchange Kit was mailed to the client (as evidenced
by the date ont he enclosed letter);
That the transaction be completed including the cashing of the
Settlement check;
That the recycle value of the shipment is greater than $50 as
determined by our experts evaluation.
That the client that the client has not received a Gift Card
or other significant bonus from us within the last 90 days;
and
That the client is not otherwise involved in a missing shipment
or insurance claim regarding a shipment.
GSE reserves the right to withdraw the offer at any time, make
a reasonable substitutions for the Walmart Gift card as needed
or delay the awarding of a card to ensure a transaction is complete.
Miscellaneous
You agree to provide accurate information to us including but
not limited to e-mail address, physical address, telephone numbers
and other information regarding your shipment and your qualification
to transact business with us under these terms and conditions.
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 by email; and (b) any phone message we leave
with you, anyone answering your phone, or on your answering machine
or service is effectively received by you and constitutes due
notice to you by telephone.
In order to evaluate your items various physical processes may
be used including the use of acids, the filing and scratching
of surfaces, etc. Sometimes this may result in destruction or
visible damage to the items. This does not lower an items recycle
value as assigned by our experts but may be apparent if you request
your items to be returned. We are not responsible for damage,
destruction, discoloration or other physical change in items sent
into us for evaluation.
YOU HEREBY AGREE THAT FOR PURPOSES OF THE TRANSACTION, TO THE
USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE
OF ELECTRONIC CONTRACTS, AND TO ACCEPTING THESE TERMS AND CONDITIONS
BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE SUBMIT OR AGREE
BUTTON OR CHECKBOX ANYWHERE ON OUR WEBSITE CONSTITUTES YOUR ELECTRONIC
SIGNATURE AND AGREEMENT WITH THESE TERMS AND CONDITIONS.
The Gold & Stone Exchange is licensed in the State of Georgia
and is governed by the laws of the State of Georgia. This Agreement
shall be interpreted and construed according to, and governed
by, the laws of the State of Georgia excluding any such laws that
might direct the application of the laws of another jurisdiction.
The federal or state courts located in Georgia shall have jurisdiction
to hear any dispute under this Agreement. You expressly agree
that any such court has personal jurisdiction over you and this
transaction. You hereby waive all claims and defenses of lack
of personal jurisdiction and forum non-conveniens. 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 our service
or otherwise with us must be filed within one (1) year after such
claim or cause of action arose or be forever barred. We will be
entitled to reimbursement for any and all costs incurred in defending
any civil action filed or attempted to be filed in any jurisdiction
outside of the State of Georgia, including but not limited to,
attorney’s fees incurred by us.
Failure to 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 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 terms and conditions
will remain in full force and effect.
Notwithstanding any other provision herein to the contrary, we
reserve the right to suspend or expand any time frame specified,
and/or request additional documents or information from you, in
order to comply with any applicable local, state, or federal law,
ordinance, or regulation.
These terms and conditions are the whole and complete agreement
between you and us and are not modified by other statements outside
this agreement. These Terms and Conditions are subject to change
at any time. This web page shall always contain the current in
force terms and conditions.
Last revised 11 May 2009
