Terms and Conditions
1. Definitions The terms “you” and “your” refer to the person or entity offering an item(s) for purchase or pawn and/or sending any item(s) containing precious metals (gold, platinum, silver, or any combination thereof), jewelry, gemstones, coins, diamonds, watches, other personal ornaments, or any combination thereof (collectively hereinafter referred to as “Merchandise”) to Company for sale, purchase or pawn, as well as accessing or using Our Websites, request an Appraisal Kit and providing us with your personal information (collectively hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to Company (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors, and assigns.
2. Description of Your Merchandise You will receive a Description Form in your Appraisal Kit. You are required to list and describe the Merchandise that you send to us on the Form and send the Form back to us along with your Merchandise.
3. Shipping Your Merchandise Except for Merchandise sent to us using a Company generated pre-paid shipping label, we will have no liability for any Merchandise while in transit or otherwise in the possession or custody of any party other than us, including, without limitation, any common carrier (i.e., FedEx, UPS, USPS etc.) or delivery service (“Carrier”). If you decide to arrange for your own shipping, you shall be solely responsible for shipping costs and any related insurance and assume any and all risk of loss for your Merchandise. You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
4. Loss Guarantee and Insurance If you send us Merchandise using a Company generated pre-paid shipping label and obtain a receipt and tracking number from a staffed FedEx location or a FedEx driver, we guarantee your package against loss or damage up to the lesser of either the fair market value of your Merchandise as determined by us in our sole discretion or $1,000. To fulfill our guarantee in the event of a loss, we will, in our sole discretion, either (a) replace your Merchandise with goods of like kind, quality, and condition or (b) reimburse you for the fair market value of the Merchandise, as determined by us, up to $1,000. If you believe that you need additional insurance to ship your Merchandise to us, it is your responsibility to obtain such insurance from an approved insurance provider at your expense before sending us your Merchandise. You can obtain additional insurance from Federal Express, UPS or USPS by shipping registered mail. If you use an approved insurance provider and send us a copy of your payment receipt, we will reimburse you for the cost of such insurance upon your acceptance of our offer. To obtain approval for an insurance provider you wish to use to ship your Merchandise to us, you must call us at (800) 499-GOLD to receive approval prior to shipment.
5. Valuing Merchandise The value of your merchandise will be based on the fair market value for diamonds, watches, coins and other miscellaneous items. Gold and silver uses a formula based on the weight and purity of the metal that we deem appropriate.
The quality of the items will also be taken into account. Items that are broken, cracked, bent, tangled or damaged in any way will be worth less than fair market value. We do not provide written appraisals.
6. Accepting Our Offer After our determination of the amount of our offer for your Merchandise, we will notify you of the offer by sending you (A) an email with a link to your account on Our Website, and/or (B) provide an offer via telephone. You must accept our offer within six business days or, for your convenience, we will deem the offer accepted and issue payment to you according to the method you selected.
7. Declining Our Offer If you do not want to accept our offer, please select the View Transaction button in the email we sent to you. You can then decline our offer. Confirm the address listed in your account to ensure the items are returned to you safely. We reserve the right to make a new offer or return your Merchandise to you in accordance with our Return Policy. If you neither accept nor decline our offer after a period of 90 days your property will them be considered abandoned and rights to ownership will be waived
8. Payment You can select one of the following methods of payment for your Merchandise (“Payment”): Company Check PayPal™ ACH transfer to your bank After your acceptance of our offer, we will issue Payment to you within one (1) business day in accordance with the Payment method you selected. If you did not select a Payment method or if you provide us with incorrect or incomplete Payment information, we will issue the Payment by Company check. Before we issue Payment for your items, we may verify the personal and payment information submitted through a national provider of personal identification verification services. If we are not able to verify your information, we may ask you for additional information or documentation, which may delay Payment. Please note that you are responsible for any third-party transaction fees relating to any Payments made by us to you or if you elect to send money back to us. This includes, but is not limited to, fees associated with ACH payments, PayPal transfers and other similar payment methods. It is your responsibility to determine and accept any such third-party fees prior to requesting your method of Payment. Additional Requirements may apply depending on Payment method.
9. Price Match Guarantee If you have received a prior offer for your Merchandise from any of our online national competitors, we will match their offer (not to exceed 90% of the current day’s market price for precious metals) or we’ll send your items back at our own expense. In order to qualify for the Price Match Guarantee, you must provide us with written documentation of such competitor’s offer, before we make you an offer.
10. Referral Program If you refer a friend or family member to the Company, we will pay you 10% of the accepted offer amount (up to $250) on their first Transaction with us. Payouts will be made 14 days after the referred customer has accepted their payment from us. You can refer multiple customers, but we will payout only once per new customer referred. Referrals involving existing customers, i.e., customers that have previously transacted business with our Company, are not eligible for payouts.
11. Limitations on Promotions Promotions and bonuses are only redeemable once per customer per Transaction and may not be combined. Excludes bullion and coins. Promotion benefits will not be awarded unless your Merchandise contains a precious metal value.
12. Return Policy If you are not satisfied with our final offer, SellMyJewelry.com will ship your merchandise back FREE. You will have 6 business days to decline our final offer. In the event when the item(s) received do not fall under our terms and conditions of what we buy, the sender will be responsible for a return shipping label to have their pieces returned. We will not be responsible or liable for returning item(s) which do not match our terms.
13. Electronic Communication and Signature You consent to receive communications electronically from the Company. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, auto-dialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.
If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on Our Website, relating to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.
14. Limitation of Liability BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF THE FAIR MARKET VALUE OF YOUR MERCHANDISE AS DETERMINED BY US OR $1,000 PER TRANSACTION. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (A) ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (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. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL NOT HAVE NOR ASSUME ANY LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, THE USE OF OUR SERVICE, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
15. Indemnification You agree to and will indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any (A) Transactions with us, (B) any noncompliance with these Terms and Conditions, or (C) the title to, ownership of or lien on any Merchandise offered for sale, sold or purported or arranged to be sold by you to us.
16. Ownership of Merchandise You agree and warrant that (1) you are at least eighteen (18) years of age; (2) you have good and marketable title to the Merchandise you send to us; (3) you have full authority to sell and transfer said Merchandise; (4) you are the actual legal owner of any and all Merchandise offered to be sold to us; (5) you are acting on your own behalf, and not as another’s agent or representative; (6) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (7) your description of the Merchandise in the shipping materials you provide to us is accurate and complete; (8) your possession of the Merchandise is not from, or the result of, illegal activity in this country or any other country; (9) any Transaction initiated by you will not cause or result in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country by you or us; and (10) you will provide any documentation and/or information reasonably requested by us in connection with or related to you, the foregoing, the Merchandise or the Transaction.
17. Compliance with State and Federal Regulations The Company is licensed in the State of Pennsylvania and is governed by Pennsylvania law. We are required us to obtain, record and, under certain circumstances, verify certain personal information from you in order to process or engage in any Transaction with you. Such information includes your name, address, telephone number, email address, driver’s license number and issuing state or other government issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver’s license number or other government-issued identification number and other identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.
In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with our program and applicable laws and are required to do so in order to complete any Transaction.
We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.
18. Miscellaneous Any time frame set forth above may be 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 weather events. Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
19. Governing Law All transactions and services with Company shall be deemed to occur in the State of Pennsylvania and be regulated thereby, regardless of where you may reside, be situated or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed, and enforced in accordance with Pennsylvania law and applicable federal law, in accordance with the laws of the State of Pennsylvania without reference to or application of Pennsylvania’s conflict of law principles.
20. Waiver of Jury Trial; Choice of Forum IF ANY CLAIM, ACTION OR LAWSUIT ARISES BETWEEN YOU AND THE COMPANY, YOU EXPRESSLY (A) WAIVE YOUR RIGHT TO A JURY TRIAL; AND (B) CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EITHER THE STATE OR FEDERAL COURTS LOCATED IN PHILADELPHIA COUNTY, PENNSYLVANIA 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.
Company reserves the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after we have posted such modifications or updates, you agree to be bound by the terms as revised.