The following Terms and Conditions govern each transaction between you and Just Sell Gold (“JSG”) and are legally binding on you as a user of the JSG Web site and/or as a customer of JSG and inure to the benefit of JSG and its successors and assigns.
Requirements for Use
You warrant to JSG that you have;
JSG may request documentation or other proof of compliance with these requirements.
Guaranty Against Loss/Limitation of Liability
In the event you properly use our provided Gold Kit and the mailing kit is initially scanned (or some other evidence of receipt) by the carrier, your items will be insured against loss for $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 JSG you must make a claim against the carrier. If you wish to insure your Gold Kit for more than $500 you may do so at your own expense. JSG 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 JSG. JSG reserves the right to reject delivery of any Gold Kit or package which appears to be damaged, opened, or tampered with. JSG will have no liability to you for any such attempted delivery or return of any such items.
If the delivery of your Gold Kit is accepted, JSG's liability will be limited to the lesser of the following:
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 JSG. In no event will JSG be liable to any third party, including any insurance carrier nor will JSG be liable for any loss of profit, loss of time or punitive damages. JSG will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or submission kit to JSG 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 guaranty payment or other remuneration from JSG, you must submit a claim to JSG on the claim form provided by JSG. 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 Gold Kit. JSG will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to JSG 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 JSG of your claim.
Gold Return Policy
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 20 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.
Unless otherwise indicated on the material sent to you by JSG, JSG 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 JSG 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 sent out to you within 24 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 24 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 24 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 JSG transactions, will be exclusively governed by the laws of the State of New York without regard to its conflict of law provisions. JSG'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 Gold Kit or otherwise with JSG 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 Monroe County, New York. JSG 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 Monroe County, New York, including but not limited to, attorney’s fees incurred by JSG.
Indemnification
You agree to indemnify and hold harmless JSG 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 JSG 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, JustSellGold.com, periodically to ensure that you are aware of our current Terms and Conditions.