In the Terms and Conditions set forth below, the terms "you" and "your" refer to the person or persons sending gold, platinum, and silver jewelry, or other precious metals (hereinafter referred to as "Merchandise") to Howard Academy Metal Arts Ltd., dba Your Gold Sold (hereinafter referred to as Your Gold Sold), for sale and purchase (hereinafter referred to as "Transaction"). "We", "our", and "us" refer to Your Gold Sold and its successors and assigns.
In order to do business and conduct your Transaction with us, you must accept the Terms and Conditions set forth below. YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY BY CHECKING THE AGREE CHECKBOX ON THE YOUR GOLD SOLD REGISTRATION FORM.
Our Goal
- Our goal is to offer you what we consider to be a fair and competitive payment price for your Merchandise within 24 hours of processing.
Ownership of Merchandise
- You agree that:
- You are at least 21 years old.
- You are the legal owner of your Merchandise that you wish to sell to us.
- You are acting on your own behalf, and not as another's agent or representative.
- Your Merchandise is free of any and all claims, liens, or anything else that might adversely effect the value of your Merchandise or your ability to sell it to us.
Describing your Merchandise
- You agree to accurately list and describe the Merchandise that you send to us on a packing slip, which you can print from our website or receive from us by mail. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described on your packing slip and the items we receive, or if no packing slip was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 2 business days at our cost by a shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.
Inbound Shipping Methods, Costs, Insurance
- You can select one of the following inbound shipping methods on Your Gold Sold's Get Started form:
- Mail me a kit or print me a kit options:
- If you choose, we will either mail you all the post paid shipping and packaging materials at our expense, or you may print your own post paid shipping label, packing slip, and instructions from our website for free. If you choose either of these methods of shipping and use a shipping label provided by us, we will pay your inbound shipping costs. To have your package insured, you mus take it to the post office and inform them of the amount you want your package insured for up to $1000. This insurance will be automatically applied to your package at no cost to you. If you believe that you need more than $1000 worth of insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise. You can contact us by telephone (1-888-735-9465) to arrange for additional insurance options or special needs and shipping instructions for large or unusual items. We will only cover expenses for priority mail and/or insured priority mail. If you use our lable to ship express, certified or registered mail then you are solely responsible for the costs and we will bill you for the charges or they will be deducted from your settlement.
- If you choose, we will either mail you all the post paid shipping and packaging materials at our expense, or you may print your own post paid shipping label, packing slip, and instructions from our website for free. If you choose either of these methods of shipping and use a shipping label provided by us, we will pay your inbound shipping costs. To have your package insured, you mus take it to the post office and inform them of the amount you want your package insured for up to $1000. This insurance will be automatically applied to your package at no cost to you. If you believe that you need more than $1000 worth of insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise. You can contact us by telephone (1-888-735-9465) to arrange for additional insurance options or special needs and shipping instructions for large or unusual items. We will only cover expenses for priority mail and/or insured priority mail. If you use our lable to ship express, certified or registered mail then you are solely responsible for the costs and we will bill you for the charges or they will be deducted from your settlement.
- Mail it myself option:
- You can choose to ship your Merchandise at your own risk and expense by choosing the "Mail it Myself" option on Your Gold Sold's Get Started form, in which case you still agree to print a shipping label, packing slip, and instructions from our website. If you choose to use the "Mail it Myself" option on Your Gold Sold's Get Started form, you agree to pay for all inbound shipping expenses, to insure your Merchandise at your own cost for full value with the shipper, arrange for package tracking, and waive any and all claims against us for any loss or damage to the Merchandise during transit. Any claims for lost or destroyed Merchandise must be made against the US Postal Service - not us. We will reimburse you for postage and insurance costs up to $20 if your settlement amount is $100 or more. On shipments where the settlement amount is less than $100 we do not reimburse for postage or insurance costs. If you choose to send your package by regular mail without insurance you assume all liabliity for damage or loss of that package. We will notify you by phone or email as soon as we receive the package regardless of the shipping method used.
- If you send us your Merchandise using Federal Express, UPS, DHL or other shipping and your Merchandise becomes lost in transit, you must file a claim with the shipper for lost or damaged Merchandise - not us.
- You can choose to ship your Merchandise at your own risk and expense by choosing the "Mail it Myself" option on Your Gold Sold's Get Started form, in which case you still agree to print a shipping label, packing slip, and instructions from our website. If you choose to use the "Mail it Myself" option on Your Gold Sold's Get Started form, you agree to pay for all inbound shipping expenses, to insure your Merchandise at your own cost for full value with the shipper, arrange for package tracking, and waive any and all claims against us for any loss or damage to the Merchandise during transit. Any claims for lost or destroyed Merchandise must be made against the US Postal Service - not us. We will reimburse you for postage and insurance costs up to $20 if your settlement amount is $100 or more. On shipments where the settlement amount is less than $100 we do not reimburse for postage or insurance costs. If you choose to send your package by regular mail without insurance you assume all liabliity for damage or loss of that package. We will notify you by phone or email as soon as we receive the package regardless of the shipping method used.
- Mail me a kit or print me a kit options:
Receipt of Merchandise
- We videotape the opening and the contents of each package of Merchandise we receive. For a limited time, you may make arrangements with us to order a copy of the video.
- We reserve the right, in our sole discretion and with notice to you, to reject any inbound package that appears to have been tampered with prior to delivery. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us.
- We will send you notice by email when we receive and enter your Merchandise into our database.
Valuing your Merchandise
- We will assess the value of your Merchandise using a calculation based primarily on the afternoon London Gold fixing on the day we process your Merchandise, a formula based on the karat and weight of the Merchandise, and any other factor that we deem to be appropriate.
- Gemstones will not be considered in determining the cash value of your gold, platinum or silver merchandise and no compensation will be given. Should you inadvertantly send us something of exceptional value we will appraise it, set it aside and inform you immediately of it's fair market value before proceeding further with your settlement process.
- We will make the value of your Merchandise available for viewing online using our exclusive service, the PayView (www.yourgoldsold.com/payview) feature on our website. You agree that you fully understand how to use PayView, and have established your own unique password and customer account on our website in order to use PayView.
Settlement
- Upon processing your Merchandise, we will notify you by email or telephone that your Merchandise and our settlement payment for your Merchandise ("Settlement") is available for you to view on our website by logging into your customer account using PayView ("Settlement Notice"). You must accept or decline your Settlement within 24 hours after we send our "Settlement Notice" to you by logging into your customer account on our website using PayView and accepting or declining the Settlement.
- If you have not logged into your customer account on our website using PayView to accept or decline your Settlement within the time frame set forth above, then you will be deemed to have accepted the Settlement, and we will issue payment of your Settlement to you according to the method you initially selected on Your Gold Sold's Get Started form.
- Upon your acceptance of the Settlement (either affirmatively, or by failing to decline or accept the Settlement within the time frame set forth above), we will send your Settlement to you by the end of the next business day after we receive your Merchandise in accordance with the method of payment you selected for your Settlement on Your Gold Sold's Get Started form. Your payment may be processed sooner if you log into your customer account using PayView and clicking: "I accept. Please speed my payment."
- If you decline the Settlement on PayView within the time frame set forth above, then we will ship your Merchandise back to you at the address indicated in our records within 2 business days via US Postal service at no cost to you, and insuring your Merchandise for full value of the Settlement.
Method of Payment
- You can select one of the following methods of payments for your Settlement on Your Gold Sold's Get Started form:
- Company check sent via USPS is free.
- Company check sent via Overnight Mail with a $17.50 fee deducted from the payment of your Settlement.
- Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with a $10.00 fee deducted from the payment of your Settlement.
- Deposit of an eCheck into your PayPal™ account in accordance with the instructions you provided to us, PayPal™ may charge you a fee for this service.
- If you fail to select a method of payment, then you will receive a company check via USPS.
- It is your responsibility to know the terms and conditions of the method of payment you select as set forth herein and as stated on our website.
- By selecting the payment of your Settlement by deposit of an eCheck into your PayPal™ account or wire transfer into your bank or brokerage account on Your Gold Sold's Get Started form, you acknowledge and agree that if you affirmatively accept the Settlement within the time frame set forth herein, or accept the Settlement by default (i.e., by failing to decline or accept the Settlement within the time frame set forth above) the Transaction is final, payment will be sent to you by the method you selected on Your Gold Sold's Get Started Form, we will own the Merchandise, and you will have no right to decline the Settlement or claim that the Merchandise be returned to you and the Merchandise will be destroyed in accordance with our procedures which include melting and refining. You further acknowledge and agree that if you had selected payment by company check on Your Gold Sold's Get Started form instead of by direct deposit, you would have had a right to a return period as specified below.
- Settlement Paid by Company Check
- If you selected payment by company check on Your Gold Sold's Get Started form, and you do not agree with the Settlement or change your mind after accepting the Settlement check, then within 10 business days from the date of the check: (a) you must notify us via email at www.yourgoldsold.com/returns - or telephone at 1-888-735-9465 that you now choose to decline the Settlement and will be returning the un-cashed check to us on a timely basis, and (b) we must receive your returned un-cashed check within 10 business days from the date of the check. You are responsible for sending us the un-cashed check at your expense, and the check must be sent to us at the address indicated in the upper left hand corner of the check. If you satisfy the requirements set forth in this paragraph, then we will return your Merchandise as specified herein. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to decline the Settlement, the Transaction will be final, we will own the Merchandise, and the Merchandise will be destroyed in accordance with our procedures which include melting and refining.
- If you selected payment by company check on Your Gold Sold's Get Started form and you notify us by email or telephone that you decline the Settlement on PayView before payment is processed and before a company check is sent to you, then we will return your Merchandise to you as specified herein.
Returned Merchandise- Outbound Insurance, Costs, Insurance
- 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, and will insure the Merchandise for the full value of the rejected Settlement.
- If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with USPS and pay you the full value of the rejected settlement.
Electronic Signature
- FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, 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 YOUR GOLD SOLD GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.
Limitation of Liability
- IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF OUR SETTLEMENT TO YOU OR $1,000 PER TRANSACTION. 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.
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: (a) 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 the event of any strike, disruption of service, or any other problems that we might encounter with the USPS, we reserve the right in our discretion to replace the USPS with another shipping carrier.
- Your Gold Sold is licensed to do business in the State of Wisconsin and is governed by the laws of the State of Wisconsin YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST YOUR GOLD SOLD MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN DANE COUNTY, WISCONSIN, USA and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-conveniens.
- 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 6:00 p.m. in Wisconsin 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.
