In the Terms and Conditions set forth below, the terms “you” and “your” refer to the person or persons sending gold, platinum, and silver jewelry, or other precious metals (hereinafter referred to as “Merchandise”) to Global Gold & Silver Inc. for sale and purchase (hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to Global Gold & Silver® and its successors and assigns.
In order to do business and conduct your Transaction with us, 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 GLOBAL GOLD & SILVER’S® ORDER FORM STATING: “By submitting this form, you agree to Global Gold & Silver’s® Terms & Conditions – See link below.”
Our goal is to offer you what we consider to be a fair and competitive payment price for your Merchandise within 24 hours of processing.
You agree that:
• You are at least 18 years old.
• You are the legal owner of your Merchandise that you wish to sell to us;
• You are acting on your own behalf, and not as another’s agent or representative; and
• Your Merchandise is free of any & all claims, liens, or anything else that might adversely effect the value of your Merchandise or your ability to sell it to us.
The State of New York requires Global Gold & Silver® to obtain your driver’s license number (or other government issued ID number) and a signed sworn statement in order to process your payment.
You agree to accurately list and describe the Merchandise that you send to us on a packing slip, which you can print from our website or receive from us by mail. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described on your packing slip and the items we receive, or if no packing slip was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 3 business days at our cost by the FedEx® (“FedEx”) shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.
You can select one of the following inbound shipping methods on Global Gold & Silver® Order form:
FedEx® overnight shipping
If you choose FedEx® overnight shipping, we will either email you all the shipping and packaging materials at our expense, or you may print your own air bill, packing slip, and instructions from our website. If you choose this method of shipping and use a FedEx® shipping label provided by us, we will pay your inbound shipping costs, including insurance up to $1,000 with FedEx®. If you believe that you need additional insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise. You can contact us by telephone (1-877-680-9757) to arrange for additional insurance or shipping instructions.
If you send us you’re Merchandise using FedEx® air bill provided by us, and your Merchandise becomes lost in transit, we will file a claim with FedEx® and pay you the value of any settlement received from FedEx® up to $1,000.
We reserve the right, in our sole discretion and with notice to you, to reject any inbound package that appears to have been tampered with prior to delivery. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been “received” by us.
We will send you notice by email or contact you via phone when we receive and enter your Merchandise into our database.
We will assess the value of your Merchandise using a calculation based primarily on the afternoon (PM) London Gold fixing on the day we process your Merchandise, a formula based on the karat and weight of the Merchandise, and any other factor that we deem to be appropriate.
Upon processing your Merchandise, we will notify you by email or telephone that your Merchandise and our settlement payment for your Merchandise (“Settlement”) is available for you to view, You must accept or decline your Settlement within 10 days after we send our “Settlement Notice” via email or phone to you.
If you have not accepted or declined your Settlement within the time frame set forth above, then you will be deemed to have accepted the Settlement, and we will issue payment of your Settlement to you according to the method you initially selected on Global Gold & Silver’s® Order Form.
Upon your acceptance of the Settlement (either affirmatively, or by failing to decline or accept the Settlement within the time frame set forth above), we will send your Settlement to you by the end of the next business day after we receive your Merchandise in accordance with the method of payment you selected for your Settlement on Global Gold & Silver’s® Order form.
If you decline the Settlement within the time frame set forth above, then we will ship your Merchandise to you at the address indicated in our records within 10 business days via FedEx® Express Saver shipping at no cost to you, and insuring your Merchandise for full value of the Settlement up to a maximum of $500.00 U.S Dollars.
You can select one of the following methods of payments for your Settlement on Global Gold & Silver’s®
• Company check sent via FedEx®, USPS, or USPS;
• Company check sent via FedEx® Overnight shipping with the fee deducted from the payment of your Settlement;
• Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with the fee deducted from the payment of your Settlement;
• Deposit of an eCheck into your PayPal™ account in accordance with the instructions you provided to us; or
• If you fail to select a method of payment, then you will receive a company check via USPS.
It is your responsibility to know the terms and conditions of the method of payment you select as set forth herein and as stated on our website.
Order form, you acknowledge and agree that if you affirmatively accept the Settlement within the time frame set forth herein, or accept the Settlement by default (i.e., by failing to decline or accept the Settlement within the time frame set forth above) the Transaction is final, payment will be sent to you by the method you selected, we will own the Merchandise, and you will have no right to decline the Settlement or claim that the Merchandise be returned to you and the Merchandise will be destroyed in accordance with our procedures which include melting and refining. You further acknowledge and agree that if you had selected payment by company check on Global Gold & Silver’s® Order form instead of by direct deposit, you would have had a right to a return period as specified below.
If you selected payment by company check on Global Gold & Silver® Order form, and you do not agree with the Settlement or change your mind after accepting the Settlement, then within 7 business days from the date of the check: (a) you must notify us via email at firstname.lastname@example.org – or telephone at 1-212-575-2975 – that you now choose to decline the Settlement and will be returning the un-cashed check to us on a timely basis, and (b) we must receive your returned un-cashed check within 10 business days from the date of the check. You are responsible for sending us the un-cashed check at your expense, and the check must be sent to us at the address indicated in the upper left hand corner of the check. If you satisfy the requirements set forth in this paragraph, then we will return your Merchandise as specified herein. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to decline the Settlement, the Transaction will be final, we will own the Merchandise, and the Merchandise will be destroyed in accordance with our procedures which include melting and refining.
If you selected payment by company check on Global Gold & Silver® Order form and you notify us by email or telephone that you decline the Settlement before payment is processed and before a company check is sent to you, then we will return your Merchandise to you as specified herein.
In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the FedEx® shipping method of our choosing at our expense, and will insure the Merchandise for the full value of the rejected Settlement.
If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with FedEx® and pay you the full value of the rejected settlement.
We reserve the right to, at our sole discretion and without giving prior notice, deny access to our free FedEx service and other services such as gemstone removal and free return of no-value items, to persons we believe are attempting to defraud the company. The company may pursue legal action against individuals who appear to be knowingly and maliciously abusing the free FedEx service or other services provided by the company and may recover costs.
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE GLOBAL GOLD & SILVER’S ORDER FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.
IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, 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 SETTLEMENT TO YOU OR $1,000 PER TRANSACTION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL,OR PUNATIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; (b) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.
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.
In the event of any strike, disruption of service, or any other problems that we might encounter with FedEx®, we reserve the right in our discretion to replace FedEx® with another shipping carrier.
Global Gold & Silver® is licensed to do business in the State of New York and is governed by the laws of the State of New York. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST GLOBAL GOLD & SILVER MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED KINGS COUNTY, NEW YORK, 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.
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 p.m., 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 10:00 a.m. and end at 5:00 p.m. in New York 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.