Terms of Sale Agreement [Name of Company] (“Gold Stash”) offers services through which you can offer to sell gold, platinum, coins, silver jewelry, and other precious metals (collectively, the “Items”) after receiving a “Quote” from Gold Stash (the “Services”). You agree that all such transactions will be governed by Gold Stash’s Terms of Sale and other Agreements, as stated below. In addition, you must agree to abide by the following terms in order to use the Services. As used herein, utilizing the Services includes sending Items without first requesting a mailer, or otherwise outside of Gold Stash’s established procedures.
BY SETTING UP AN ACCOUNT, OR BY USING GOLD STASH’S WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
You initiate the transaction with Gold Stash by requesting a pre-paid mailer, which you can then use to send your Items to Gold Stash. Gold Stash offers these pre-paid mailing kits for the sole purpose of having consumers send us gold, platinum, coins and silver jewelry, or other precious metals. Any other use of our pre-paid mailing kits is not authorized, and we reserve the right to recover any costs incurred as a result of unauthorized uses.
You can select one of the following inbound shipping methods:
A. Free Shipping – Provided by Gold Stash via Fedex® 2 Day. In order to ship your Items to us for free, you may either (1) print your own air bill, packing slip, and instructions from the Website, or (2) have us mail you the shipping and packaging materials by completing and submitting the “Request Mailer” form on our Website. In addition to free shipping, we will also pay for up to $2,500 of insurance with FedEx®. If you believe that you need additional insurance, however, it is your responsibility to contact us via email to firstname.lastname@example.org . You first must receive a confirmation of the increased insurance before sending us your Items. In return for providing free shipping, and for providing up to $2,500 in insurance for your protection, you hereby expressly agree to release, indemnify and hold Gold Stash harmless for any and all losses or damages associated with or arising out of shipping your Items.
B. Ship Items at Your Own Cost. You can choose to ship your Items at your own expense. If you choose to use any shipping/delivery method other than using a FedEx® air bill provided by us, you hereby agree: (1) to pay for all costs associated with shipping your Items to us, (2) to insure your merchandise at your own cost for full value with the shipper, (3) to arrange for package tracking, and (4) to release, indemnify and hold Gold Stash harmless for any and all losses or damages associated with or arising out of shipping your Items. Merchandise not being shipped using FedEx® must be sent to 2487 S. Gilbert Rd Suite 106 -108 Gilbert Arizona 85295.
If we are interested in purchasing your Items, after receiving and processing them, then as soon as possible (usually within twenty-four (24) hours of receiving your Items), we will issue a payment to you in one of the two forms described below (the “Quote”). No other notice or communication of any kind (including confirmation that your Items were received), or lack of communication or response from us, constitutes a Quote. Nor will any communication from you, or action by you, create or constitute a Quote, or otherwise obligate us to buy your Items (or anything else shipped/delivered to us).
By accepting that payment, you hereby acknowledge and agree that you are offering the Items for sale at the price contained in the Quote. As used in the Agreements, an offer to sell Items can only be made by receiving a Quote from Gold Stash, and agreeing to that Quote by accepting our payment (the “Offer”).
In reliance upon the information you provided to us about the Items and when registering your account, we hereby immediately accept all such properly made Offers (the “Acceptance”).
We reserve the right, in our sole discretion, to reject and/or return to sender any inbound mail, envelope, package or delivery for any reason (or for no reason). You hereby acknowledge and agree that Gold Stash is irrebuttably deemed to have never “received” any such rejection or return. If Gold Stash does receive your Items, we nevertheless reserve the right to, in our sole discretion, for any reason or for no reason: (a) decline to Quote your Items, (b) Quote some of your Items but not others, or (c) decline to Quote any of your Items. Items that we do not Quote will be returned.
You agree to accurately list and describe all Items on the Gold Stash being shipped to us. If we determine, in our sole discretion, that any Items were not accurately listed or described, we may suspend or terminate the transaction, and may decline to engage in any future transactions with you or with parties related to you.
For Items we are received and are returning for any reason as described herein, Items will be promptly returned to you (typically within two business days), at our cost and using the shipping method of our choosing. There are two different amounts for the insurance of such items. The first pertains to items for which we have MADE NO offer to purchase; these items will be insured for a maximum value of $100. The second pertains to items that we have offered to purchase; these items will be insured for the full value of the rejected offer. In either event, you hereby acknowledge and agree that when returning such Items, Gold Stash’s only obligation is to insure the Items for up to (but no more than) $2,500. You hereby expressly agree to release, indemnify and hold Gold Stash harmless for any and all claims, losses or damages associated with or arising out of returning your Items.
You have two options for being paid pursuant to a Quote. You can elect to receive either a “Standard Payment” Quote or a “Rapid Cash” Quote, as follows: (a) by default, you will receive a “Standard Payment” Quote, which is a fully negotiable check that we mail to you via first class mail, or its equivalent; alternatively, (b) you can select the “Rapid Cash” Quote option, at no additional charge to you. If you select the “Rapid Cash” Quote option, Gold Stash will wire funds directly to your checking account. The owner of the Items must also be the owner of the checking account to which we are wiring money – no exceptions. In order to select the “Rapid Cash” Quote option, you must mail us a voided check together with your Items. By selecting the “Rapid Cash” Quote option, you agree to waive the fourteen (14) day customer satisfaction holding/return period described below.
Gold Stash will pay an amount up to 110% of any online competitor’s offer. An online competitor is considered to be a buyer whose primary business is the purchase of precious metals online exclusively for its refined value and is not affiliated with any retail location. Upon request, offer may need to be provided in writing describing the exact same items being sent to Gold Stash for evaluation including exact price being offered. The offer must be dated within 30 days of Gold Stash receiving the items and must be items that Gold Stash purchases. In no event will Gold Stash pay more than 100% of full liquidation market value. For gold, platinum, and silver value is typically calculated based on spot price as shown on www.kitco.com on the day items are received for evaluation.
We will hold your Items for a period of fourteen (14) calendar days after mailing a standard payment to you. This holding period applies if, and only if, we mail you with a “Standard Payment” Quote. If you do not call us at 1(800) 877-1077, or email us at email@example.com,within fourteen (14) calendar days from the date of the check, your Items will be processed. If that occurs, we will promptly return your Items, but you hereby agree that you must return the un-cashed check before your Items will be returned. Once you have met these requirements we will quickly return your Items. Failure to complete these requirements will result in final sale of your Items.
Mailing any Items to us constitutes an affirmative representation and averment that you are (a) over the age of 18, (b) the actual legal owner of any and all Items mailed/delivered to us, and (c) acting on your own behalf, not as the agent or representative of another person. Mailing any Items to us also constitutes an affirmative representation and averment that (a) such Items are free of any and all matured and unmatured claims, liens or encumbrances, and (b) you do not have any knowledge or reason to believe that there exists, or will exist, anything that might adversely affect the value of the Items, or your ability to sell such items to Gold Stash.
You hereby expressly agree to limit Gold Stash’s responsibility, obligation and/or liability to the lesser of (a) $2,500, or (b) the amount of Gold Stash’s Quote, for any and all damages, claims or actions related to, or arising out of, any transaction or occurrence subject to, or referenced in, the Agreements. You also hereby expressly agree to release, indemnify, defend and hold Gold Stash harmless for any such amounts over the lesser of (a) $2,500, or (b) the amount of Gold Stash’s Quote. You hereby acknowledge and agree that the foregoing limitation, release and waiver precludes, inter alia, incidental, special, indirect, consequential, or punitive damages or loss of profit or opportunity for any claims, demands or actions brought by you, or on your behalf, including any subrogation claim brought by your insurance carrier. You expressly and specifically waive any subrogation claim on your behalf as well as on behalf of your insurance carrier.
You hereby acknowledge and agree that:
A. You have provided us your accurate email address, physical address, and telephone number, and that it is your responsibility to provide us with current or updated contact information.
B. You are irrebuttably presumed to have received, and to have actual knowledge of (a) any electronic communication directed to you (such as notices posted on the Website), and (ii) any email message sent to an email address that you have provided to us.
C. You are irrebuttably presumed to have received, and to have actual knowledge of, any message left at a phone number you have provided to us. Such messages include, inter alia, voicemails, messages left with anyone answering that phone number, or otherwise.
D. Excepting only the fourteen day holding period, all time periods herein refer to business days. All time calculations under the Agreements shall follow the Federal Rules of Civil Procedure.
E. Merchandise received after 2:00 p.m. Monday – Friday, or at any time on Saturdays, Sundays, or holidays, 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 5:00 p.m., Arizona time.
F. Notwithstanding anything in the Agreements to the contrary, we reserve the right, in our sole discretion, with or without notice, and with or without cause, to (i) suspend or enlarge any time frames provided for in the Agreements, (ii) request additional documents or other evidence regarding the Items or the information you provided, and (iii) take any action we deem necessary or helpful in complying with applicable local, state and federal laws, ordinances or regulations.
G. We reserve the right in our sole discretion to replace USPS or FedEx® with another shipping carrier of our choice.
This Agreement, and all the Agreements, govern and control any and all of the following (a) Items shipped, mailed, sent or delivered to Gold Stash, (b) Quotes provided by us, including “Standard Payment” Quotes and “Rapid Cash” Quotes, (c) Offers made by you, and (d) our Acceptance of such an Offer (collectively, all of the foregoing are referred to herein at a “transaction”). You acknowledge and agree that this Agreement, and all the Agreements, are in electronic form and has the same force and effect as a written agreement with original signatures from all parties. In this Agreement, the term “you” or “your” means an individual or entity exercising rights under this Agreement, and the term “Gold Stash,” “we” or “us” means Gold Stash and its affiliates and subsidiaries.
In order to complete the transaction of your Item to or through Gold Stash or to complete any other transaction with Gold Stash, you must:
A. Create an account with us, which you do by submitting contact information to us via the Website;
B. Provide true, up to date and accurate account information about yourself and any Item;
C. Comply with all terms and conditions of this Agreement;
D. Comply with all applicable laws and regulations;
E. Transact on behalf of yourself and not on behalf of others; and
F. Have the legal capacity to enter into agreements and to convey title and interest in any Item that you submit to us.
In order to receive payments for any Items we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
All Quotes will be based on Gold Stash’s own determination of the Item value. Upon receiving a Quote, it is within your sole discretion whether or not to make an Offer to sell such Items to us. If you receive a Standard Payment Quote, but (i) do not make an Offer, and (ii) do not return the check that was mailed to you, you hereby agree that due, inter alia, to the risk of harm posed to Gold Stash by such an uncashed, unreturned, signed check, your Items shall become the property of Gold Stash.
You must own the right, title, and interest in any and all Items you seek to sell to Gold Stash. The Items and the sale and shipment of such Items to Gold Stash: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described below, and (b) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Items are free of any liens or encumbrances. By using the Services, you agree to indemnify Gold Stash from all claims or losses sustained by Gold Stash as a result of any breach of this warranty.
You remain responsible for the risk-of-loss for the Items until delivery of the same to Gold Stash. You are responsible for any damages that may occur to your Item while in transit. Gold Stash is responsible for risk-of-loss when it both accepts and opens the packaging containing your Item. Gold Stash’s risk-of-loss ceases in the event it returns your Item to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once Gold Stash delivers the package to the carrier for return to you and you will bear the risk of loss in return transit.
Title to the applicable Items passes irrevocably and without recourse to Gold Stash upon Gold Stash’s Acceptance of your Offer.
Any Quote by Gold Stash for your Item is non-transferable and not redeemable for any other consideration other than what is Quoted by Gold Stash.
From time to time, and at Gold Stash’s sole discretion, Gold Stash may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer’s Item, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before we provide a Quote. For the avoidance of doubt, once a Quote is provided, promotions cannot be applied to the same transaction. Gold Stash reserves the right, in its sole discretion, to cancel or refuse promotions.
Gold Stash makes every effort to ensure the accuracy of all information you receive in relation to your Item. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Gold Stash reserves the right, at any time prior to you making an Offer, to:
A. Correct an error.
B. Change the Quote.
C. Void a transaction.
You agree to transact with us electronically. This means you agree to accept and terms and conditions and to transact any transaction of your Item with us by electronic means. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. Gold Stash’s Electronic Communications Delivery Policy, to which you have also agreed, can be retrieved and reviewed at any time by visiting http://www.GoldStash.com/legal.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
WE PROVIDE THE GOLD STASH SERVICES AND WEBSITES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH GOLD STASH WILL MEET YOUR REQUIREMENTS.
IN NO EVENT SHALL GOLD STASH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH GOLD STASH UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
For all indemnifications, limitations, waivers and releases in any of the Agreements, You hereby expressly agree to release, indemnify, defend, and hold harmless Gold Stash, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs (including taxable and non-taxable costs), expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Gold Stash of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The obligations in, inter alia, Sections 6, 9, 11, 13, 16, 17 and 19 through 25 shall survive termination of this Agreement.
The Gold Stash Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Gold Stash therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Gold Stash does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Gold Stash reserves the right to modify this Agreement at any time. If you do not agree to the changes, you must discontinue using the Gold Stash Websites and/or the Services before the changes take effect. Your continued use of Gold Stash after any such changes take effect constitutes your acceptance to such changes. Each time you submit an Item for transaction with Gold Stash, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at www.GoldStash.com/legal. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT WWW.GOLD STASH.COM/LEGAL, AND THESE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR ITEMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.