TERMS AND CONDITIONS
The terms and conditions contained herein and those described on the business’s website (to be read in combination and referred to herein in their as “The Agreement”) shall be binding on each and every customer of Sell Your GOLD and shall inure in the benefit of Sell Your GOLD and Sell Your Gold’s successors and assigns.
ANY PERSON WHO BELIEVES THAT GOODS STOLEN FROM THEM ARE AVAILABLE FOR SALE ON THESE PREMISES IS NOT OBLIGED TO BUY THEM BUT MAY– (a) REQUEST THE POLICE TO SERVE A NOTICE PROHIBITING THE ALTERATION OR DISPOSAL OF THE GOODS FOR 21 DAYS; AND (b) SEEK AN ORDER FROM THE MAGISTRATES’ COURT FOR DELIVERYOF THE GOODS. SEE SECTIONS 24 & 26 OF THE SECOND-HAND DEALERS AND PAWNBROKERS ACT1989.
Requirements for Use
Every customer Attempting to sell gold or platinum content items must be at least sixteen (16) years of age in order to sell precious metals to Sell Your GOLD. In addition, every customer of Sell Your GOLD must include a copy of valid identification including residential address and contact number as proof that you are the legal owner of the item(s) been sold, and every customer must be acting on his or her behalf and not as the agent or representative of another person. By shipping your goods to Sell Your GOLD, you are agreeing to all terms and conditions set forth herein and those described on our website: SellYourGOLD.com.au.
Guaranty Against Loss
Sell Your GOLD will guaranty against loss of the total contents properly shipped to Sell Your GOLD in accordance with the instructions and procedures established by Sell Your GOLD and subject to the terms and conditions herein and as described at SellYourGOLD.com.au to a maximum of AU$200.00 being supported by purchase receipts or appraisals made prior to sending the item(s). Sell Your Gold shall pay the customer one third of the value of the item no more than AU$200.00 in total.
Sell Your GOLD reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears damaged, opened, or tampered with and any such mail, envelope or package will be returned by the post office or Australian air Express to the sender. Sell Your GOLD shall have no liability to any customer for any such attempted delivery or return of any such items.
LIMITATION OF LIABLITY
This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, 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 Sell Your GOLD. In no event shall Sell Your GOLD be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall Sell Your GOLD be liable to any third party, including any insurance carrier. Sell Your GOLD shall not be liable for any subrogation claim brought by the customer’s insurance carrier, and, by an item to Sell Your GOLD, 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.
Sell Your GOLD 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 Sell Your GOLD in Sell Your GOLD’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 SellYourGOLD, which appraisal was issued prior to the shipment of the item to Sell Your GOLD; and
3. One –third of the value of the purchase receipts of the item(s) to a maximum of AU$200.00 Dollars.
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to Sell Your GOLD or any purchase receipts, Sell Your GOLD’s liability shall not exceed Two Hundred (AU$200.00) Dollars.
SellYourGOLD 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 items, the customer explicitly and expressly accepts this limitation of liability.
If you believe your gold jewelry or other property is worth more than $200.00, we recommend that you insure your shipment for more at your own expense using any carrier you choose. We also strongly advise that you list the contents of your pack on the enclosed brochure, which you must return to us.
Any customer or prospective seller may request SellYourGOLD to provide a telephone or e-mail quote for his or her items after such items have arrived at Sel lYour GOLD’s processing facility. Verbal offers may, at the discretion of Sell Your GOLD, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by Sell Your GOLD within twenty four (24) hours of such acceptance, and the SEVEN (7) days customer satisfaction holding period guaranty will no longer be applicable to such transaction.
Sell Your Gold provides three (3) payment options of which the customer can choose only one per transaction. If a customer would like be notified by phone or email before the payment is made they must contact Sell Your Gold by phone or email before sending the items to us.
1. PayPal, Sell Your Gold will not be liable for any delays in payment that can occur when using PayPal as the chosen method of payment, to avoid delays customers must provide the right information of their username or their register email used in their PayPal account. Most payments with PayPal will be done the same day that the item(s) are received unless specified by the customer not to do so. By using PayPal as the method of payment the customer agrees to waive the 7 days return policy, once the payment is been made its final and not reversible.
2. Bank account deposit, Sell Your Gold will not be liable for any delays in payments that can occur transferring the payment to the customer’s bank account. To Avoid delays the customer must make sure to provide Sell Your Gold with the right bank account details. Most payments made using bank transfer will be done the same day that the item(s) are received unless specified by the customer not to do so. The first time we make a transfer to new customer’s account it might take up to two (2) working days for the funds to reach the customer’s account. By using Bank account deposit as the method of payment the customer agrees to waive the 7 days return policy, once the transaction is been made its final and not reversible.
3. Check, a check made to the amount of the Sell your Gold’s offer will be mailed to the customer’s address, the customer it’s in his or her right to reject the offer made from Sell Your Gold, to do so he or she must contact Sell your Gold by phone or email before seven (7) days has passed since the check was delivered. Failing to do so will make Sell your Gold the rightful owner of the goods, and the transaction will not be able to be reversed.
Gold Chart Disclaimer of Liability
Sell Your GOLD shall not be responsible for the contents of the gold chart data appearing on its website. These charts are prepared by third parties other than Sell Your GOLD, and Sell Your GOLD includes such charts only for general information to its customers, and Sell Your GOLD shall not be liable to anyone who relies on the information contained therein.
Return Insurance Liabilities
If an item is returned to a customer, Sell Your GOLD will insure the item for no more than the amount offered by Sell Your GOLD regardless of what it was insured for when mailed by the customer to Sell Your GOLD, unless Sell Your GOLD is otherwise notified by e-mail or fax by the customer prior to the return shipment and the customer agrees to pay for any extra insurance requested. Sell Your GOLD shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Choice of Law, Waiver, and Claims
The Agreement shall be governed by the laws of the common law of Australia to its conflict of law provisions. Sell Your GOLD’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 the 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 the agreement remain in full force and effect. You agree that regardless of any statues or law to the contrary, any claim or cause of action arising out of or related to use of the services offered by Sell Your GOLD must be filed within on (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 Victoria. SellYourGOLD shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be in any jurisdiction outside of the State of Victoria, including but no limited to, attorney’s fees incurred by Sell Your GOLD.
If you change your mind about selling your Item(s) or are dissatisfied with the amount of the payment you received, you must notify us immediately. If we do not hear from by telephone or email within SEVEN (7) DAYS of the date on the check we mailed to you, your item(s) will be melted. You must return the check before we will return your item(s). This time limitation cannot be waived for any reason. Sell Your GOLD will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. By sending your item(s) to Sell your Gold the sender agrees that Sell Your Gold may charge a $10 shipping and handling fee to return the item(s) to the customer when no precious metals were found in the item(s) or the item(s) are gold or platinum plated, copper filled, silver filled, wax filled, silver, plastic, or any non-precious metals.
Making a Claim and Waiting Period
A customer who wishes to submit a claim to Sell Your GOLD must NOTIFY US IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form and necessary attachments must be fully and accurately completed, signed and mailed to Sell Your GOLD in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE GOODS WERE MAILD TO SELL YOUR GOLD will result in the denial of the claim by Sell Your GOLD. To be able to make a claim the customer must show proof of sending the item(s), this can be done by sending a copy of the senders receipt given to them by Australia Post or Australian air Express. Both parties the customer and Sell Your Gold must allow a thirty (30) day processing period from the time the claim form is received by Sell Your GOLD and the claim is processed.