Terms & Conditions
In the Terms and Conditions set forth below, the terms “you” and “your” refer to the person or persons sending gold, platinum jewelry, or other precious metals (hereinafter referred to as “Merchandise”) to DJE Inc ( dba/ TopCash4AnyGold) for sale or repair (hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to TopCash4AnyGold 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 CLICKING “Request a FREE Kit Now” button or returning us our “DIRECT-TO-JEWELER” recycle kit.
Terms and Conditions
The terms and conditions contained herein and those described on our website (to be read in combination and referred to herein in their entirety as “The Agreement”) shall be binding on each and every customer of us and shall inure in the benefit of us and our successors and assigns.
Valuing Your Merchandise
We purchase second hand jewelry for recycle, not for resale. For this reason, we do not pay for gemstones in the jewelry other than small diamonds. We will assess the value of your Merchandise using a formula based primarily on the afternoon London Gold fixing on the day we process your Merchandise, weight and karat grade contained in the Merchandise, not on its potential value if resold intact.
Ownership of Merchandise
You must be at least twenty-one (21) years of age in order to sell Merchandise to us. In addition, you must be the actual legal owner of Merchandise sold or attempted to be sold to us, and you must be acting on you or your own behalf and not as another’s agent or representative. Your Merchandise should be 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. We may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph. By shipping your goods to us, you are agreeing to all terms and conditions set forth herein and those described on our website: TopCash4AnyGold.com.
Guaranty Against Loss
We will guaranty against loss of the total contents properly shipped to us in accordance with the instructions and procedures established by us and subject to the terms and conditions herein and as described at TopCash4AnyGold.com. We 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 you. We shall have no liability to you for any such attempted delivery or return of any such items.
Limitation of Liability
This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, you and the your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with us. In no event shall us be liable for any damages from the loss or destruction of Merchandise in our possession for any reason, including negligence, except as stated herein. In no event shall we be liable to any third party, including any insurance carrier. We shall not be liable for any subrogation claim brought by your insurance carrier, and, by submitting an item to us, you expressly and specifically waives any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
Our liability is and shall be expressly and specifically limited to the LEAST of the following:
1. The liquidation value placed on the total contents by us in our sole discretion.
2. One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to us, which appraisal was issued prior to the shipment of the item to us; and,
3. The sum of One Hundred ($100.00) Dollars.
You expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to us, our liquidated value shall be conclusive and binding and further, that in no event shall our Liability exceed One Hundred ($100.00) Dollars.
We 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, you explicitly and expressly accepts this limitation of liability.
If you believe your gold jewelry or other property is worth more than $100.00, 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 kit on the enclosed brochure, which you must return to us.
Verbal Offers
You may request us to provide a telephone or e-mail quote for your items after such items have arrived at our processing facility. Verbal offers may, at the discretion of us, be recorded. Upon a verbal acceptance by you of the telephone or e-mail quote, payment will be issued by us 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
We shall not be responsible for the contents of our website which are prepared by third parties other than us, and We includes such charts only for general information to our customers, and we shall not be liable to anyone who relies on the information contained therein.
Return Insurance Liabilities
If an item is returned to you, we will insure the item for no more than the amount offered by us regardless of what it was insured for when mailed by the you to us, unless we are otherwise notified by e-mail or fax by you prior to the return shipment and the you agree to pay for any extra insurance requested. We 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 State of Florida without regard to its conflict of law provisions. Our 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 statute or law to the contrary, any claim or cause of action arising out of or related to use of the services offered by us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST TOPCASH4ANYGOLD MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN DADE COUNTY, FLORIDA,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.
We shall be entitled to reimbursement for any and all costs incurred by us 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 TopCash4AnyGold.
Merchandise Return
If you requested payment by company check, and you do not agree with the Settlement or change your mind about selling your Merchandise, then within 10 business days from the date of the check: (a)you must notify us via e-mail at returns@topcash4anygold.com or telephone at 1-888-422-7490 that you decline the Settlement and will be returning the un-cashed check to us immediately, and (b) we must receive your un-cashed check within 10 business days from the date of the check. The check must be sent to us at the address indicated in the upper left hand corner of the check at your expense. 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. This time limitation cannot be waived for ANY reason. We will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. A shipping and handling charge will apply for Merchandise returned to you.
Waiting Period For A Claim
A customer who wishes to submit a claim to us must notify us IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to us 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 WITH PROOF THAT THE GOODS WERE MAILED TO US will result in the denial of the claim by us. There is a 30 day waiting period from the time the claim form is received by us and the claim is processed.