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The terms and conditions below are legally binding on you as a user of the myGoldTrade Web site and/or as a customer of JM Moss, LLC ("JM Moss") and shall inure in the benefit of JM Moss and its successors and assigns.
In order to do business and conduct your Transaction with myGoldTrade, 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 SUBMIT AT THE END OF THE myGoldTrade GET STARTED FORM STATING: "By submitting this form, you agree to myGoldTrade's Terms & Conditions."
Every customer must be at least eighteen (18) years of age in order to request a shipping package, send myGoldTrade your gold, jewelry or other items, or to otherwise conduct business with myGoldTrade/and or JM Moss. In addition, you must be the legal owner of the item(s), and have the right to sell the items(s), free and clear of any lien or encumbrance. Every Customer must be acting on his or her own behalf and not as the agent or representative of another person.
If there is a loss of the contents that you properly shipped to myGoldTrade in accordance with the instructions and procedures set forth on the myGoldTrade.com website, myGoldTrade will guaranty you against such loss subject to these terms and conditions.
myGoldTrade's liability under such loss guaranty or otherwise will be limited to one-fourth (1/4) of the value of the lost contents or One Hundred ($100.00) Dollars, whichever is less.
If you believe your gold submission is worth more than $100.00, you are fully responsible for properly insuring your shipment for more at your own expense using any carrier you choose. myGoldTrade reserves the right, in its sole discretion, to reject delivery of any mail, envelope, or package that appears damaged, opened or tampered with, and any such rejected mail, envelope, or package will be returned to you via U.S. Mail.
In addition, if you do not provide myGoldTrade with an original sales slip or appraisal (issued prior to the shipment to myGoldTrade) for the lost contents, the value of your contents will be liquidation value, and myGoldTrade's liability will be limited to twenty five dollars ($25.00). If you provide an original sales slip or such appraisal, the value or your contents will be based on such sales slip or appraisal, and myGoldTrade's liability will be limited to One Hundred ($100.00) Dollars.
You expressly acknowledge and agree that if you do not provide a sales slip or appraisal that was issued prior to the contents being submitted to myGoldTrade, myGoldTrade's determination of value shall be conclusive and binding. Except as expressly provided in these terms and conditions, myGoldTrade will have no liability to you whatsoever, whether arising in connection with your use of the myGoldTrade.com Web site, loss of gold, jewelry, or other items, or for any other reason, including, without limitation, myGoldTrade's own acts or omissions. In no event will myGoldTrade's liability to you exceed One-Hundred Dollars ($100.00). myGoldTrade will not be liable to you for any damages, including but not limited to, incidental, consequential, punitive, loss of profit, or opportunity, other than as expressly set forth in these terms and conditions.<
In order to receive a loss guaranty payment or other remuneration from myGoldTrade, you must submit a claim to myGoldTrade on the claim form provided by myGoldTrade. Such forms are available on request. You may submit a claim form any time after at least sixty (60) days after the date of mailing your precious metal shipment to myGoldTrade. myGoldTrade will not accept or process your claim form unless it is fully and accurately completed, signed, and delivered to myGoldTrade in accordance with the instructions on the claim form. You must submit all supporting documentation with the completed and signed claim form. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by myGoldTrade of, your claim.
These terms and conditions, including, without limitation, the limitations of liability, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers, and any other individual or entity asserting any right or claim relating to your transaction with myGoldTrade. In no event will myGoldTrade be liable for any subrogation claim brought by your insurance carrier, and, by submitting any items to myGoldTrade, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
myGoldTrade 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. By submitting the items, customer explicitly and expressly accepts this limitation of liability.
You may request myGoldTrade to provide a telephone or e-mail quote for your items after such items have arrived at myGoldTrade's processing facility. Such offers may, at the discretion of myGoldTrade, be recorded. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment will be issued by myGoldTrade within twenty four (24) hours, and you will not have the opportunity to return your check and receive your items back from myGoldTrade.
myGoldTrade will refund the original shipping expense, exclusive of insurance coverage, incurred by the customer/seller on qualifying transactions. Qualifying transactions shall consist of only shipments that are actually purchased by myGoldTrade and for which the entire shipping cost is not more than 10% of the purchase price. When original shipping cost exceeds 10% of the purchase price myGoldTrade may at its sole discretion reimburse up to 10% of the purchase price towards the shipping cost. myGoldTrade will not reimburse shipping for customer items that are returned.
myGoldTrade will insure any item returned to you with a value, as determined by myGoldTrade in its sole discretion, of $15.00 or more, at the amount of two (2) times such value (regardless of whether and in what amount it was insured for when mailed by you). myGoldTrade will not insure any item with a value of less than $15.00. myGoldTrade will, in its sole discretion, choose the return carrier, insurance, and receipt verification method for each transaction. Except for such insurance obligation, myGoldTrade will have no liability whatsoever in connection with the return of any item to you.
You hereby acknowledge that specific payment options will incur additional fees that will be deducted from your total payment. Check payments through First Class Mail have no additional fees. The fee for Express Mail Overnight check payment will be $16.50. The fee for Bank Wire Transfer payments will be $35.00. Note: Additional wire fees may be charged to the recipient's bank account by their banking institution.
If for any reason you are unhappy with our verbal or email quote or if you have received an automatic payment check, you can request that your items be returned to you at our expense. myGoldTrade will return your items within 15 business days. The shipment back to you is insured against loss (see Return Insurance Liabilities). Upon acceptance of our verbal or email quote or the clearing of an automatic payment check the Material Return policy does not apply.
You agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further agree that (a) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (b) any phone message we leave with you, anyone answering your phone, or on your answering machine or service, is effectively received by you and constitutes due notice to you by telephone.
All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 pm., or on any Saturday, Sunday, or federal legal holiday 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. in Ohio on the appropriate day.
Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth above may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our website or otherwise , or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other storms.
These terms and conditions, and all myGoldTrade transactions, will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. myGoldTrade's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. myGoldTrade is licensed to do business in the State of Ohio and is governed by the laws of the State of Ohio. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST myGoldTrade/JM MOSS LLC MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN JACKSON COUNTY, OHIO, 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. If any of these terms and conditions 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 terms and conditions will 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 myGoldTrade Website or otherwise with myGoldTrade 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 Ohio. myGoldTrade will 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 Ohio, including but not limited to, attorney's fees incurred by myGoldTrade.
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