By requesting a Joel's Gold Store
CASH FOR GOLD PAY-DAY PAK either via our on-line order form or by calling us, you, the customer "Customer(s)", hereby agree to the following terms and conditions:
Requirements For Use
Every Customer must be at least eighteen (18) years of age to conduct business with Joel's Gold Store (JGS). Each Customer must be the lawful owner of any item sent without acting as agent and/or under authorization of the actual owner. In its sole discretion, JGS may at any time require proof of or compliance with the requirements set forth in this paragraph. You are interested in
selling your old scrap gold, unwanted gold and silver jewelry, and having JGS buy your old scrap gold in order to get
cash for your gold.
Guaranty Against Loss
In the event the Customer ships their items in accordance with the instructions and shipping procedures set forth by JGS, then JGS will guaranty against loss of the total contents properly shipped to JGS in accordance with the instructions and procedures established by JGS and the terms and conditions appearing herein. Any mail, envelope or package which appears to be damaged, opened, or tampered with, or not sent via JGS's shipping material, JGS reserves the right, in its sole discretion, to reject delivery of and any such mail, envelope or package will be returned by the post office to the Customer. JGS shall have no liability to any Customer for any such attempted delivery or return of any such items.
Waiting Period For A Claim
All claims shall be subject to a sixty (60) day waiting period so that JGS can investigate any potential claim. After the required sixty (60) days have elapsed, then Customer shall request and submit a claim form to JGS. Each claim form shall be completed in its entirety and shall be accompanied with all required documentation as set forth herein. Failure of Customer to complete the form in its entirety and/or to provide the requisite documentation shall result in a denial of claim.
Limitation of Liability
JGS will not be liable for (a) any incidental, indirect, special, consequential, punitive damages, or loss of profit or opportunity; (b) claims, demands, or actions for any subrogation claim brought by Customer's insurance carrier, and, by submitting an item to JGS, 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. JGS's entire liability and Client's exclusive remedy is and shall be expressly and specifically limited to the LEAST of the following sums:
- The liquidation value placed on the total contents by JGS in JGS's sole discretion;
- One third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to JGS, which appraisal was issued prior to the shipment of the item to JGS; and,
- The sum of One Hundred ($100.00) Dollars.
The Customer expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to JGS, JGS's liquidated value shall be conclusive and binding and further, that in no event shall JGS's Liability exceed One Hundred ($100.00) Dollars. By submitting the item, customer explicitly and expressly accepts this limitation of liability.
Return Insurance Liabilities
Customers offering merchandise for sale to JGS understand and expressly accept and agree that they will be offered the fair market wholesale value for such items. If an item is returned to a Customer, JGS will insure the item for no more than twice the amount offered by JGS regardless of what it was insured for when mailed by the Customer to JGS. JGS shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Oral and Written Offer and Acceptance
In the event JGS contacts you directly via telephone, email, or mail made makes an offer for the items sent by Customer and Customer accepts such payment, then Customer's payment shall be issued within twenty four (24) and Customer's items shall become the property of JGS. When an offer is accepted by the Customer prior to the allotted ten (10) day period, then Customer will not have the opportunity to return the payment and receive their items.
Miscellaneous Provisions
This Agreement shall be governed by the local laws of the State of California without regard to its conflict of law principles. JGS's failure to exercise or enforce any right or provision under these terms and conditions will not be deemed to be a waiver of such right or provision. If any provision of these terms and conditions are found by a court of competent jurisdiction to be invalid, the court shall modify said provisions to effectuate the parties' intentions, and the other provisions set forth in these terms and conditions remain in full force and effect. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to any transaction must be filed within one (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 California. JGS shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of California, including but not limited to, attorney's fees incurred by JGS.