Terms and Conditions
These terms and conditions are fully set forth herein shall be legally binding on all customers who access SameDayGoldExchange.com (“Our Website”) or otherwise engage in a “transaction” with us as that term is defined below and shall inure to the benefit of Same Day Gold Exchange, LLC.
The terms “you” and “your” refer to the person or entity offering an item(s) for purchase and/or sending any item(s) containing precious metals (gold, platinum, silver, or any combination thereof, jewelry, gemstones, or other personal ornaments, or any combination thereof (collectively hereinafter referred to as “Merchandise”} to company for sale and purchase, as well as accessing or using our Websites, request an appointment, and providing us with your personal information (collectively hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to Company and its employees, agents, members, owners, directors, officers, successors and assigns.
2. Description of Your Merchandise.
You will receive a customer card at your appointment, or you may print the customer card on our website in advance. You are required to list and describe the Merchandise that you will be getting appraised at your appointment. This card must be signed and dated at your designated appointment time.
3. Valuing Your Precious Metals Merchandise.
We will assess the value of your precious metals Merchandise using a calculation based on the current days spot price value on the KITCO website. We use a formula based on the purity and weight of the Merchandise, and any other factor that we may deem to be appropriate. We do not provide written appraisals. When we receive Merchandise that is knotted and/or tangled and requires extraordinary effort to evaluate, we reserve the right to use an estimate to calculate the purity and weight of the Merchandise.
4. Accepting Our Offer.
After our determination of the amount of our offer for your Merchandise, we will write the offer amount on your customer card/receipt at the time of your appraisal appointment. You must accept or deny the offer at the end of your appointment. If the offer is accepted, the customer card/receipt must be filled out, dated and signed that same day at your appointment. Once the customer card/receipt is complete, payment will be issued to you via business check. The transaction will then be considered complete.
5. Rejecting Our Offer.
If you reject our offer, you must check off the deny box on the customer card and sign and date it. No transaction will be made, and your Merchandise remains yours to keep.
6. Return Policy.
Once the transaction is complete, the sale is final. A complete transaction includes all forms signed and dated and payment is issued to seller. Once the appraisal appointment is over, the Merchandise is now owned by Same Day Gold Exchange LLC.
The method of payment for your Merchandise is a company business check. We will issue payment after the offer is accepted and the customer card/receipt has been filled out, signed and dated.
8. Price Match Guarantee.
If you have received a prior offer for your Merchandise from any of our competitors, we will match their offer (not to exceed 90% of the current day’s market price for precious metals). 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.
9. Electronic Communication
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, live chat, and/or telephone calls to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic dialing systems, auto dialers, or an artificial pre-recorded voice. You may unsubscribe to our marketing emails at anytime; however, you may not opt out of Transaction related emails. Telephone conversations with our agents, employees, and independent contractors may be monitored and/or recorded.
10. 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 LESSOR OF THE FAIR MARKET VALUE OF YOUR MERCHANDISE A5 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 LIABILTIY. (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 A5 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, OR ANY OTHER MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHE REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
You agree to and will indemnify, defend and hold harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgements, 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.
12. 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 sell 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 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 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 requested by us in connection with or related to you, the foregoing, the Merchandise or the Transaction.
13. Compliance with State and Federal Regulations.
The Company is licensed in the State of Michigan and is governed by Michigan Law. This requires 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, 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 ID 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, MERCHANDISE WILL REMAIN YOURS AND NO SALE IS MADE.
We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or government 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.
14. Governing Law.
All transactions and services with Company shall be deemed to occur in the State of Michigan 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 Michigan law and applicable federal law, in accordance with the laws of Michigan without reference to or application of Michigan’s conflict of law principles.
15. 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 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 and conditions 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.