Terms and Conditions
The terms and conditions contained herein shall be binding on each and every customer of GoldAndSilverExchange.com, a division of Exquisite Assets LLC. (hereafter referred to as “The Company”.) and shall inure to the benefit of The Company and it’s successors and assigns.
Requirements for Use: Every customer must be at least eighteen (18) years of age in order to conduct business with The Company. In addition, every customer of The Company be the actual owner of any and all property sold or attempted to be sold to The Company and every customer must be acting on his or her own behalf and not as the agent or representative of another person. The Company may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph.
Shipping policy: Please take personal responsibility for your property. All items should be securely packed in a box or padded envelope with proper packing materials and with all seams and edges securely taped. We strongly recommend adding insurance to your package.
The Company reserves the right, at their sole discretion, to refuse any package or envelope that appears to be damaged, opened, improperly packed or compromised. At no time shall The Company be liable for any refused package. The Company may also elect to accept a package in the above condition. In that event, if the contents are entirely or partially missing, it will documented, the customer will be notified, and the customer will be responsible for initiating and handling any insurance claim.
Non-Authentic Merchandise Policy: The Company does NOT accept silver plated, gold plated or gold filled items. The Company also does not purchase unmarked (unstamped) items. If, at the sole discretion of The Company, we accept items that are not stamped, an offer will be made at a lower price than shown on the price chart. Items made of any other materials that are considered imitation silver or gold, or are base metals, pewter, steel, iron or any materials not listed on the price chart are not accepted. Any items that are comprised of materials not listed on the price chart are considered by The Company to have zero value. If a package containing non-gold or silver items is received, the customer will be given two options: 1) Authorize The Company to dispose of the items, or 2) Request return of such items in which case the customer shall pay for any shipping charges incurred in returning items. Payment must be done and checks must be cleared before items will be returned. All items retained for more than fourteen days without receipt of above fees will be discarded and the customer will have no recourse.
Testing procedures: The Company may use several procedures to determine the precious metal content of your items. Among the procedures is an “acid scratch test”. This procedure may leave marks, damage and residue as well as permanent discoloration of the item tested. By accepting these Terms and Conditions and sending your items to the testing facility, you agree to hold The Company harmless for any damage to your items during the testing process.
Liability: In no event shall The Company be liable to any third party, including any insurance carrier. The Company shall not be liable for any subrogation claim brought by customer’s insurance carrier, and, by submitting an item to The Company the 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.
The company's liability is and shall be expressly and specifically limited to the LEAST of the following sums:
The liquidation value placed on the total contents by The Company in The Company'’s sole discretion; or, one-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to The Company, which appraisal was issued prior to the shipment of the item to The Company; or, the sum of Four Thousand ($4,000.00) Dollars.
Abandonment: The Company will make an effort to present their offer via email and/or telephone. If the customer does not either accept the offer, or compensate The Company for return shipping of the merchandise (if offer is rejected) within Sixty (60) calendar days from the initial offer, The Company will consider the merchandise abandoned and will dispose of said merchandise as The Company deems appropriate. In such circumstances, the customer waives all rights to said merchandise and The Company is under no obligation to compensate customer for the abandoned merchandise.
Verbal Offers: The Company may provide a telephone or e-mail quote for items after such items have arrived. Verbal offers may, at the discretion of The Company, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by The Company. within twenty four (24) business hours of such acceptance.
Return Insurance Liabilities: Customers offering merchandise for sale to The Company understand that if they choose to refuse the offer made for their items, the customer will be responsible for the cost of return shipping and insurance. The Company uses USPS Priority Mail with signature confirmation or Registered Mail exclusively and the postage and insurance will be calculated on the USPS.com website. The customer will choose the amount of insurance coverage and will pay the exact rate charged by the USPS. The customer will be notified of the total shipping and insurance costs and the items will be shipped upon receipt of cleared payment.
Choice of Law, Waiver, and Claims: This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The Company's 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 this 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 this 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 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 Florida. The Company 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 Florida, including but not limited to, attorney’s fees incurred by The Company.