The terms and conditions contained herein and those described on the Company’s website (to be read in combination and referred to herein in their entirety as “The Agreement”) shall be binding on each and every customer of CashOutMyGold and shall inure in the benefit of CashOutMyGold and CashOutMyGold's successors and assigns. If you would like a copy of the information on our website, please call (972) 387-7420.
Requirements for Use
Every customer must be at least twenty-one (21) years of age in order to sell precious metals or jewelry to CashOutMyGold. In addition, every customer of CashOutMyGold must be the actual legal owner of any and all gold, jewelry, and other property sold or attempted to be sold to CashOutMyGold, and every customer must be acting on his or her own behalf and not as the agent or representative of another person. CashOutMyGold may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph. By shipping your goods to CashOutMyGold, you are agreeing to all terms and conditions set forth herein and those described on our website: cash4gold.com.
Guaranty Against Loss
CashOutMyGold will guaranty against loss of the total contents properly shipped to CashOutMyGold in accordance with the instructions and procedures established by CashOutMyGold and subject to the terms and conditions herein and as described at CashOutMyGold.com. CashOutMyGold reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned by the post office to the customer. CashOutMyGold shall have no liability to any customer for any such attempted delivery or return of any such items.
Limitation of Liability
This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, the customer and the customer's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to customer's transaction with CashOutMyGold. In no event shall CashOutMyGold be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall CashOutMyGold be liable to any third party, including any insurance carrier. CashOutMyGold shall not be liable for any subrogation claim brought by the customer's insurance carrier, and, by submitting an item to CashOutMyGold, 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.
CashOutMyGold's liability is and shall be expressly and specifically limited to the LEAST of the following sums:
1. The liquidation value placed on the total contents by CashOutMyGold in CashOutMyGold's sole discretion.
2. One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to CashOutMyGold, which appraisal was issued prior to the shipment of the item to CashOutMyGold; and,
3. The sum of One Hundred ($100.00) Dollars.
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to CashOutMyGold, CashOutMyGold's liquidated value shall be conclusive and binding and further, that in no event shall CashOutMyGold's Liability exceed One Hundred ($100.00) Dollars.
CashOutMyGold 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 above. By submitting the items, customer explicitly and expressly accepts this limitation of liability.
If you believe your gold jewelry or other property is worth more than $100.00, we recommend that you insure your shipment for more at your own expense using any carrier you choose. We also strongly advise that you list the contents of your Pak on the enclosed brochure, which you must return to us.
Verbal Offers
Any customer or prospective seller may request CashOutMyGold to provide a telephone or e-mail quote for his or her items after such items have arrived at CashOutMyGold's processing facility. Verbal offers may, at the discretion of CashOutMyGold, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by CashOutMyGold within twenty four (24) hours of such acceptance, and the ten (10) day customer satisfaction holding period guaranty will no longer be applicable to such transaction.
Gold Chart Disclaimer of Liability
CashOutMyGold shall not be responsible for the contents of the gold chart data appearing on its website. These charts are prepared by third parties other than CashOutMyGold, and CashOutMyGold includes such charts only for general information to its customers, and CashOutMyGold shall not be liable to anyone who relies on the information contained therein.
Return Insurance Liabilities
If an item is returned to a customer, CashOutMyGold will insure the item for no more than the amount offered by CashOutMyGold regardless of what it was insured for when mailed by the customer to CashOutMyGold, unless CashOutMyGold is otherwise notified by e-mail or fax by the customer prior to the return shipment and the customer agrees to pay for any extra insurance requested. CashOutMyGold shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Choice of Law, Waiver, and Claims
The Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. CashOutMyGold'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 the 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 the 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 offered by CashOutMyGold 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 Texas. CashOutMyGold 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 Texas, including but not limited to, attorney's fees incurred by CashOutMyGold.
Material Return
If you change your mind about selling your material or are dissatisfied with the amount of the payment you received, you must notify us immediately. If we do not hear from you by telephone or fax within TEN (10) DAYS of the date on the check we mailed to you, your material will be processed by our refiner. You must return the check before we will return your material. This time limitation cannot be waived for any reason. CashOutMyGold will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. A shipping and handling charge will apply for material returned to the customer.
Waiting Period For A Claim
A customer who wishes to submit a claim to CashOutMyGold must NOTIFY THE COMPANY IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to CashOutMyGold LLC in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE GOODS WERE MAILED TO CashOutMyGold will result in the denial of the claim by CashOutMyGold. There is a 30 day waiting period from the time the claim form is received by CashOutMyGold and the claim is processed.
Contact Information:
CashOutMyGold.com
15305 Dallas Pkwy.
Dallas, Texas 75001
Customer Service - (972) 387-7420
Monday - Friday, 9am - 5pm CST
email: info@cashoutmygold.com |
