Terms & Conditions
These Terms and Conditions are between BuyerofGold.com, a division of Proxy Services Inc. ("BofG" and also "us" "we" or "our") and the seller identified on the cover sheet ("Seller" and also "you" or "your"). By shipping your goods to BofG, you agree to all terms and conditions set forth herein and any additional terms and conditions we may send you in an email or written form.
YOUR REPRESENTATIONS - Seller represents and warrants that:
- Seller has full legal title to the merchandise being offered for sale to BofG ("Merchandise"), and that no other party has any right, title or interest in the Merchandise (including any liens or claims with respect to the Merchandise). BofG may, but shall not be obligated or required to, request documentation or other proof evidencing your sole legal title to the Merchandise. In the event BofG requests additional information regarding ownership, you agree to provide such information immediately.
- Seller is acting on his or her own behalf and not as agent for any other party.
- Seller is at least 21 years of age.
- Seller will provide accurate contact information, including, depending on the method of contact you have chosen, email address, physical address, and telephone numbers. You agree to provide us with any current or updated contact information immediately upon any change in your contact information. For transactions conducted by email or phone, 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. We will mail any Merchandise or check to the physical address you provide.
SUBMISSION OF MERCHANDISE - You can submit the Merchandise by:
Printing the BuyerofGold.com shipping label and packing slip on your own printer. You can select this option on our website and our system will generate a shipping label, submission form and step by step instructions for you to print out on your printer. It is your responsibility to obtain shipping materials, pack the Merchandise and get the shipping materials to the appropriate shipment location (e.g., post office, UPS Store Location). If you believe that you need insurance, it is your responsibility to obtain such insurance to cover your items in transit at your expense before sending us your Merchandise.
Our offers are based on an internal formula that is tied to the Metal Spot Prices from the previous day’s close of the gold market. Our offers are not equal to the retail value of gold, publicly traded value of gold or any other public valuation of gold. If you do not agree with our offer, your sole recourse is to reject the offer per the terms and conditions herein.
Seller can request one of the three following options for receiving an offer and payment from BofG:
- You can choose "Accept our offer" and BofG will process payment to you within 24 business hours of acceptance by making payment to you according to the method you select. Merchandise value (as determined by us).
- You can request an email offer at the email address you provide to us. After we send you an email offer, you must accept or reject the offer, using the "accept" or "reject" buttons in the email or within the BuyerofGold.com control panel within TWO (2) BUSINESS DAYS. If you fail to respond within this time period we will consider our offer accepted and we will send you payment for the amount we offered for the Merchandise. If you expressly accept our offer by clicking on the "accept" button, the transaction is final and binding, without any conditions or changed terms, and you cannot request a return of the Merchandise.
- You can request a phone offer at the phone number you provide to us. We may record any conversation in which we provide and/or you accept a verbal offer and you consent to such recording. After we make our verbal offer, you must accept or reject the offer when we make it, or by calling us back at: 1.800.230.GOLD within TWO (2) BUSINESS DAYS. If you fail to respond within this time period we will consider our offer accepted and we will send you payment for amount we offered for the Merchandise. If you expressly accept our offer on the phone the transaction is final and binding, without any conditions or changed terms, and you cannot request a return of the Merchandise.
If you are unsatisfied with our offer, you must reject our offer and your Merchandise will be returned per the process set forth below. We will issue payment for your Merchandise within ONE (1) BUSINESS DAY of our receipt of your "no offer" request, your express acceptance of our offer, or your deemed acceptance of our offer (that is, your failure to respond to our offer).
RETURN OF MERCHANDISE
In all cases, in the event that you have complied with these Terms and Conditions and your Merchandise is returned to you by BofG, we will ship your Merchandise to you at your address as it appears in our records via a shipping method of our choosing at your expense, and we will insure the Merchandise for the full value of the rejected offer, or in the event no offer has been made, for $250, unless you inform us in writing prior to shipment that you desire a higher insurance value. You will be required to pay for any additional insurance or alternate method of delivery requested, and we must have proof of such payment before we will return the Merchandise or the Merchandise will be shipped C.O.D.
You cannot request a return of your Merchandise or otherwise undo, cancel, rescind modify or condition the transaction if you accepted our offer by email or on the phone. For all other situations, 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) BUSINESS DAYS of the date of payment, your material may be destroyed as part of our typical refinement process.
In order to have your Merchandise returned:
- Notify us by (i) Calling 800.230.GOLD (ii) sending us an email (from the email you originally used) to email@example.com or (ii) by sending a fax to 800.FAX.1020. In all cases, please provide your full contact information, tell us that you want your Merchandise returned and reference your offer number.
- You must return any payment un-cashed we sent you. We will not return your Merchandise until you return the un-cashed payment. We must receive the un-cashed payment we sent you within FIVE (5) BUSINESS DAYS of the date you notified us that you desired to cancel the transaction. You are responsible for sending us the un-cashed payment at your expense, and the return of payment must be sent to us at the address indicated on our returns procedure. After the un-cashed payment is received by us (or in the event we did not yet issue a payment to you), we will ship back your Merchandise within FIVE (5) BUSINESS DAYS. If we do not receive the un-cashed check within the FIVE (5) BUSINESS DAY period, the transaction will be considered final and we will not return the Merchandise.
- The time limitations referenced herein cannot be waived for any reason and we will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to return of your Merchandise and the transaction will be final, we will own the Merchandise, and the Merchandise will be destroyed in accordance with our procedures.
LIMITATION OF LIABILITY
Liability is expressly limited to the period during which the Merchandise is in BofG's possession, custody and control. Any insurance provided by BofG is strictly limited to those amounts expressly set forth herein. Any claims for loss or damage while the items are in the possession of the carrier shipping the items shall be made by Seller solely against the carrier or the insurance company.
IN ALL EVENTS YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF OUR PAYMENT TO YOU OR $250 (two hundred and fifty US dollars) PER TRANSACTION. YOU AGREE THAT BofG AFFILIATES, AGENTS, BUYERS, EMPLOYEES, DIRECTORS, CONTRACTORS, AGENTS WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY, PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY. BY SUBMITTING THE ITEMS, SELLER EXPRESSLY ACCEPTS THIS
LIMITATION OF LIABILITY
This limitation of liability shall be binding on the Seller and any third party, including but not limited to, Seller's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to this transaction. In no event shall BofG be liable to any third party, including any insurance carrier. BofG shall not be liable for any subrogation claim brought by Seller's insurance carrier and, by submitting an item to BofG, and Seller 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.
You agree that regardless of any statue 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 60 days after such claim or cause of action arose or be forever barred. EACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THESE TERMS AND CONDITIONS OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
GOVERNING LAW, JURISDICTION AND ARBITRATION
BofG is headquartered in Nevada. YOU EXPRESSLY AGREE THAT:
- These Terms and Conditions shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions.
- ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES ARISING UNDER THESE TERMS AND CONDITIONS OR BROUGHT AGAINST UJB WILL BE RESOLVED EXCLUSIVELY BY BINDING CONFIDENTIAL ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Such binding arbitration shall be held in Las Vegas, Nevada. In the event that BofG is the prevailing party in such arbitration, the arbitrator will charge BofG's reasonable attorneys' fees and costs to the Seller. You expressly acknowledge and agree to this method of dispute resolution. You waive all defenses of lack of personal jurisdiction and forum non-conveniens. Questions regarding arbitrability shall be resolved by the arbitrator.
- You understand and agree TO THE USE OF ELECTRONIC SIGNATURES, as defined under the ESIGN ACT and other ACTS as RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS.
OTHER TERMS AND CONDITIONS
All references to "days" shall mean business days, which do not include Saturdays, Sundays, and federal and State legal holidays. The use of 24 hour increments shall mean to refer to 1 Business Day. Merchandise received after 1:00 p.m. in the time zone the items are received, or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business 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. No provision of these Terms and Conditions shall be interpreted in favor of or against any party because of the party that drafted these Terms and Conditions. BofG's failure to exercise or enforce any right or provision of the Terms and Conditions will not be deemed to be a waiver of such right or provision. These Terms and Conditions represent the entire agreement of the Parties regarding its subject matter and supersedes all other negotiations, commitments, and representations. Only specified websites are licensed to use the valuable trademarks of BuyerofGold.com or its licensors.
CONTACT INFORMATION - Contact with us should be made at:
VIA FACSIMILE: 800-FAX-1020
VIA EMAIL: admin@BuyerofGold.com
VIA PHONE: 800-230-GOLD
VIA Corporate P.O. Box I BuyerofGold.com I 4075 South Durango 111-57 I Las Vegas, NV 89147