MyGoldEnvelope - Terms and Conditions
The following Terms and Conditions govern each transaction between you and MyGoldEnvelope (“MGE”) and are legally binding on you as a user of the MGE Web site and/or as a customer of MGE and inure to the benefit of MGE and its successors and assigns.
Requirements for Use
You warrant to MGE that you have;
- good and marketable title to the property you send in; and
- full authority to sell and transfer said property; and that
- said property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; and that
- said property is not from, or the result of, illegal activity in this country or any other country; and that
- you are at least twenty-one (21) years of age; and that
- any transaction initiated by you will not cause MGE to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country; and that
- you are the actual legal owner of any and all property offered to be sold to MGE (MGE may, but shall not be required to, ask you to provide documentation or other proof of such ownership) and you are acting on your own behalf; and that
- you agree not to send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other deleterious elements.
MGE may request documentation or other proof of compliance with these requirements.
Guarantee Against Loss/Limitation of Liability
In the event you properly use our provided mailing kit ("G-PAK") and the mailing kit is initially scanned (or some other evidence of receipt) by the carrier, your items will be insured against loss for up to $500. In the event you use your own packaging, you must insure your property with the carrier for its full value and if it is lost or stolen prior to reaching MGE you must make a claim against the carrier. If you wish to insure your G-PAK for more than $500 you may do so at your own expense. MGE utilizes the services of third party carriers such as the United States Postal Service for the delivery of our packages. The tracking applications of these third party carriers will be the sole proof that your items were mailed to MGE. MGE reserves the right to reject delivery of any G-PAK or package which appears to be damaged, opened, or tampered with. MGE will have no liability to you for any such attempted delivery or return of any such items.
If the delivery of your G-PAK is accepted, MGE's liability will be limited to the lesser of the following:
- 25% of the certified appraised value of your items if appraised within 90 days. MGE reserves the right to verify the appraisal document with a third party.
- The lesser of the current market liquidation value of your items, or one-half the wholesale value of your items.
- The sum of Five Hundred Dollars ($500.00). You expressly acknowledge and agree that if you do not provide an appraisal for your items which was issued not more than 90 days prior to your claim of loss, MGE's determination of value shall be conclusive and binding and in any event MGE's liability will be capped at One Hundred Dollars ($100.00).
Except as expressly provided in these terms and conditions, MGE will have no liability to you whatsoever, whether arising in connection with your use of the MGE Web site, a G-PAK, loss of gold, jewelry or any other property or for any other reason, including, without limitation, MGE's own acts or omissions. In no event will MGE's liability to you exceed One-Hundred Dollars ($100.00). MGE 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. By submitting your items, you explicitly and expressly accept this limitation of liability.
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 MGE. In no event will MGE be liable to any third party, including any insurance carrier nor will MGE be liable for any loss of profit, loss of time or punitive damages. MGE will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or submission kit to MGE, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
In order to receive a loss guarantee payment or other remuneration from MGE, you must submit a claim to MGE on the claim form provided by MGE. 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 G-PAK. MGE will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to MGE 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 MGE of, your claim.
Gold Return Policy and "Double G" Guarantee
If you are not satisfied with your payment or for any other reason, simply call our toll-free customer service number within 48 hours of receipt of payment or within 10 days of the date printed on the check and you will receive instructions for the return of your gold. You understand that failure to adhere to these procedures might result in the processing of the contents that you submitted and that once processed the items will not be able to be recovered.
A customer should not submit non-precious materials. If a customer has submitted 100% non-precious materials, the customer will have to pay a shipping, handling and processing charge for such material to be returned to the customer.
If you have received a written quote from another national gold buyer with television advertising and mail-in service (this guarantee is not intended for any competitors who own or are affiliated with retail locations) for the same precious metals that you submitted to MGE, MGE will pay you double the amount stated on the quote. Such quote must be dated not earlier than 30 days prior to the MGE payment to you and MGE must be able to verify the veracity of the quote and that the quote was on the same exact precious metals submitted to MGE. Simply call our toll-free customer service number and you will receive instructions on how to send your name, address, tracking number and proof of your higher payout offer.
Unless otherwise indicated on the material sent to you by MGE, MGE DOES NOT purchase gemstones. If you plan to send in an item that contains a stone which you believe to be valuable, we strongly recommend removing the stone(s) prior to sending it in to us. In the event that MGE has solicited a gemstone from you, the same limitations of liability contained in these terms and conditions shall apply.
Payment Procedures
Once your items have been assessed, a check will be processed within 48 hours of such assessment. Items are delivered to our facility five (5) days per week, Monday through Friday, exclusive of national holidays or weekends. In the event the 48 hour period would extend into a weekend or holiday, your check will be issued on the first business day following the holiday or weekend. For the avoidance of doubt, the 48 hour period does not include the time it takes for your check to be delivered to you.
Choice of Law, Waiver, and Claims
You expressly agree that these Terms and Conditions, and all MGE transactions, will be exclusively governed by the laws of the State of Florida without regard to its conflict of law provisions. MGE'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. 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 G-PAK or otherwise with MGE 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 or Federal Courts of Broward County, Florida. MGE 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 Broward County, Florida, including but not limited to, attorney's fees incurred by MGE.
Indemnification
You agree to indemnify and hold harmless MGE against any and all liability, claims, suits, losses, costs and legal fees (paid in advance) caused by, arising out of or resulting from any breach or claimed breach of these Terms and Conditions, including claims brought by third parties. You further warrant that you will fully, defend, protect, indemnify, and hold harmless MGE and its lawful successors and assigns from any adverse claim thereto.
These Terms and Conditions are subject to change. We recommend that you revisit our website, mygoldenvelope.com, periodically to ensure that you are aware of our current Terms and Conditions.
Effective: September 1, 2009
