Terms & Conditions
By accessing SellMYGoldUSA.com (“Our Website”) or engaging in a “Transaction” with us, as defined below, you agree to be bound by these terms and conditions, including the Privacy Policy. Your agreement to be bound by these Terms and Conditions shall inure to the benefit of I Adore Jewelry INC d/b/a SellMyGoldUSA.com (“Company”), its successors, and assigns, and supersedes and replaces any inconsistent statement(s) in any of our materials, advertisements, or websites. These terms and conditions, including the Privacy Policy incorporated by reference herein, are legally binding on all customers who access SellMyGoldUSA.com (“Our Website”) or engage in a “Transaction” with us, as defined below. They shall also inure to the benefit of I Adore Jewelry INC (“Company”), Company’s successors, and assigns, superseding and replacing any inconsistent statement in any of our materials, advertisements, or websites.
1- Definitions
The terms “you” and “your” encompass the individual or entity sending items containing precious metals (gold, platinum, silver, or any combination thereof), jewelry, diamond, gemstones, coins, bullion, watch(es)or any combination thereof (collectively referred to as “Merchandise”) to Company for sale and purchase, as well as accessing or using Our Websites, or requesting an Appraisal Kit, or providing personal information (referred to as “Transaction”). “We”, “our”, and “us” refer to Company (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors, and assigns.
2- Ownership of Merchandise
By engaging in any Transaction with us, you affirm and warrant the following:
- You are at least eighteen (18) years old.
- You possess good and marketable title to the Merchandise.
- You have full authority to sell and transfer said Merchandise.
- You are the actual legal owner of any and all Merchandise offered to be sold to us.
- You act solely on your own behalf, not as another’s agent or representative.
- The Merchandise is free of all liens, encumbrances, liabilities, and adverse claims.
- Your description of the Merchandise provided to us is accurate and complete.
- Your possession of the Merchandise is not the result of illegal activity.
- Any Transaction initiated by you will comply with relevant laws, including anti-money laundering, anti-terrorism, or other applicable regulations of the U.S., any state, or any foreign country by you or us.
- You agree to provide any documentation or information reasonably requested by us regarding yourself, the Merchandise, or the Transaction proving ownership if Merchandise
3- Description of Merchandise
Upon receiving your Appraisal Kit, you will be provided with a Description Form which necessitates listing and detailing the Merchandise you intend to send to us. It is mandatory to accurately complete this Form, including a thorough description of the items, and return it to us along with your Merchandise.
4- Guarantee Against Loss and Insurance
The Company offers a Guarantee Against Loss for Merchandise shipped to us up to $1,000 against, subject to compliance in accordance with Section 9 below and with the Required Shipping Procedures.
5- Required Shipping Procedure
Using a Company-generated pre-paid shipping label, dropping the package at a staffed FedEx location or using a FedEx driver, obtaining a printed receipt with tracking number and to keep till end of transaction, ensuring discreet packaging, completing the provided kit, and double boxing contents valued over $1,000. Failure to adhere to these procedures absolves the Company of liability, and the shipper assumes all risks and costs.
6- Shipping Your Merchandise
With the exception of Merchandise dispatched to us using a Company-generated pre-paid shipping label, our liability does not extend to any Merchandise while in transit or in the possession of any party other than us, including common carriers such as FedEx, UPS, USPS, or any delivery service (“Carrier”). Should you opt to organize your own shipping, you bear full responsibility for shipping expenses and any associated insurance, assuming all risks of loss for your Merchandise. It is imperative that you refrain from shipping hazardous or illegal materials and ensure that your shipment complies with all pertinent state and federal regulations.
7- Additional Insurance
Should you deem it necessary, you have the option to request additional insurance coverage for your Merchandise, extending up to $100,000 in value. However, if the assessed worth of your gold jewelry or other items surpasses $1,000.00, it is imperative that you contact us at (877) GOLD-211 to obtain written approval for the extra insurance. Subsequently, you must diligently adhere to all instructions and procedures provided by the Company before proceeding with the shipment of your Merchandise.
8- Valuing Your Merchandise
The Company employs a calculated market price to evaluate the value of your Merchandise, utilizing pricing determined on the processing day and incorporating a formula considering purity, weight, and condition, including quantity tiers and other relevant factors. The assessment of diamonds, watches, coins, and miscellaneous items is based on their fair market value, while for gold and silver, we utilize a formula based on their weight and purity, accounting for the quality of the items. Items with damage such as breakage, cracks, chips, punctured, bends, tangles, or other forms of damage will be valued less than fair market value.
9- Merchandise Claim Liability Limit
The liability limit for claims related to your Merchandise applies not only to you but also extends to any third party, including successors, assigns, insurance carriers, and other entities asserting rights or claims regarding your items. In the event of a claim, the Company’s liability for reimbursement is expressly capped at the lowest of the following amounts: $1,000.00, unless additional insurance is procured as outlined in the Additional Insurance section; the liquidation value determined solely by the Company, representing the value when the Merchandise must be swiftly sold; or one-third (1/3) of the appraised value of the Merchandise as determined by a reputable appraiser within the year preceding the Merchandise’s submission to the Company. Within a period of 21 days from the claim filing date, the Company, or the insurer in the case of insured losses, may, at its sole discretion, either provide reimbursement as outlined above or replace the Merchandise with items of similar kind, quality, and condition.
10- Making a Claim
In the event of loss or damage to your Merchandise during transit to or from our Company, which would qualify as a claim under our Guarantee Against Loss or Additional Insurance (“Claim”), you are entitled to file a Claim by contacting us via email at [email protected] or by phone at (877) GOLD-211. However, it is imperative that you file the Claim within ten (10) days of the date your Merchandise was dispatched to or from our Company. To ensure the validity of your Claim, you must have adhered to the Required Shipping Procedures and furnished all necessary information as requested by the Company. Failure to adhere to the prescribed Claim requirements or procedures will result in the nullification of your Claim. Please be aware that due to the prevalence of fraud, the Company cannot be held liable for Merchandise delivered in packages that are empty or missing contents, as we cannot ascertain whether the packages were tampered with, damaged, or emptied prior to shipment for the purpose of initiating a Claim. Consequently, the Company reserves the unilateral right to decline delivery of any mail, envelope, or package that appears to be empty, damaged, opened, or tampered with, and may return such items to you. In such cases, the Company bears no responsibility for the attempted delivery or return of the Merchandise, regardless of whether the Company accepts or rejects the delivery.
11- Satisfaction Guarantee
To ensure your complete satisfaction, if you’re not entirely pleased with the offer for your Merchandise, you must decline it within 7 days of receipt. In such a case, the Company will promptly return your Merchandise to you without any charge. To avail yourself of this Satisfaction Guarantee, please reach out to our customer support team via email at [email protected]
12- Accepting Our Offer
Upon calculating the offer for your Merchandise, we will inform you through either (A) an email containing your account number, and/or (B) a telephone offer. It’s imperative that you accept our offer within seven (7) business days; otherwise, we will deem the offer accepted and proceed with issuing payment via a company check.
13- Rejecting Our Offer
Should you choose not to accept our offer, you can decline by contacting us either by phone at (877) GOLD-211 or via email. It’s crucial to verify the address listed in your account and signatory information to ensure the safe return of your items. We retain the right to either make a new offer or return your Merchandise to you as per our Return Policy. Failure to accept or decline our offer within 90 days will result in your property being considered abandoned, and ownership rights will be waived.
14- Payment
Upon acceptance of our offer, you have the option to select one of the following methods of payment for your Merchandise (“Payment”): Company Check, PayPal™, or ACH transfer to your bank. We commit to issuing Payment within one (1) business day, aligning with your chosen Payment method. In the event you haven’t chosen a Payment method or have provided incorrect or incomplete Payment information, Payment will be issued via Company check. Prior to Payment issuance, we may verify the personal and payment details through a national provider of personal identification verification services. In cases where verification is unsuccessful, we may request additional information or documentation, potentially causing a delay in Payment. It’s essential to note that any third-party transaction fees associated with Payments made by us to you or any funds sent back to us are your responsibility, encompassing fees linked with ACH payments, PayPal transfers, and similar methods. You are required to ascertain and accept any such third-party fees before requesting your chosen Payment method. Furthermore, Additional Requirements may apply depending on the Payment method selected.
15- Return Policy
In the event you are dissatisfied with our final offer, SellMyGoldUSA.com, we will return your Merchandise within 7 business days of receipt of the off via FedEx, UPS, USPS, or another Carrier chosen by us, at our expense, with signature required upon delivery. Should you opt for delivery without a signature, we disclaim responsibility for any loss or damage incurred. However, if the item(s) received do not align with our terms and conditions for purchasing, the sender will be responsible for providing a return shipping label. We absolve ourselves of responsibility for returning item(s) that do not meet our terms. Upon the Carrier’s delivery of the returned Merchandise, as confirmed by Carrier records, the Company assumes no further liability for loss. It is imperative to promptly inform us of any change of address to prevent loss of your Merchandise due to Carrier inability to deliver to the address on file. If the Carrier is unable to deliver your Merchandise and returns it to us, we will attempt a second delivery at your expense. However, failure to claim the Merchandise within 90 days from the initial attempted delivery will result in its consideration as abandoned, and we will proceed to discard it.
16- Best Price Guarantee Policy
If you’ve received a prior offer for your Merchandise from any of our online national competitors, we pledge to either beat their offer (ensuring it does not exceed 95% of the current day’s market price for precious metals) or match it, alternatively offering to cover the expense of returning your items. To qualify for this guarantee, you must furnish us with written itemized documentation of the competitor’s offer with the shipment of your Merchandise to Company, and the competitor’s offer must be dated within fourteen (14) days before the date of our offer.
17- Electronic Communications and Signature
By utilizing our services, you consent to receiving communications electronically from the Company and to engaging in any necessary actions, including consenting and providing signatures, related to Transactions, in accordance with applicable law and the Federal Electronic Signatures in Global and National Commerce Act or similar state laws based on the Uniform Electronic Transactions Act; any objections to this method of communication are hereby waived. Furthermore, you acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal requirements for written communication. Your participation in a Transaction through Our Website, including clicking to submit agreements, acknowledgments, consents, terms, disclosures, or these terms and conditions, signifies acceptance and agreement as if personally signed by you in writing. Additionally, you consent to being contacted by us, our agents, employees, and affiliates through email, instant messaging, live chat, telephone calls, and/or SMS/MMS text messages, utilizing automatic dialing systems to your cellular, home, or work numbers, as well as any other telephone numbers provided. You retain the right to unsubscribe from marketing emails at any time by calling (877) GOLD-211, although Transaction-related emails cannot be opted out of. Please note that telephone conversations with our employees, agents, and independent contractors may be monitored and/or recorded for quality and training purposes.
18- Limitation of Liability
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF THE FAIR MARKET VALUE OF YOUR MERCHANDISE AS DETERMINED BY US OR $1,000 PER TRANSACTION.
YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (A) ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (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.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL NOT HAVE NOR ASSUME ANY LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, THE USE OF OUR SERVICE, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
19- Indemnification
You agree to, will and undertake indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any (A) Transactions with us, (B) any noncompliance with these Terms and Conditions, or (C) the title to, ownership of or lien on any Merchandise offered for sale, sold or purported or arranged to be sold by you to us.
20- Miscellaneous
In the event of any delays attributable to acts of God, including but not limited to fires, hurricanes, flooding, storms, explosions, infestations, epidemics, pandemics, technical difficulties, or other acts of nature beyond our control, as well as delays resulting from an inability to access facilities, any time frame specified above may be extended accordingly. Company will make reasonable efforts to notify you of such delays, if feasible, in the event of such occurrences. The headings provided in these Terms and Conditions serve solely for convenience and shall not be employed to interpret or construe the content herein. Furthermore, should any provision of these Terms and Conditions be deemed invalid, whether in part or in full, such invalidity shall not impinge upon the validity of the remaining provisions contained within these Terms and Conditions.
21- Governing Law
All transactions and services with Company shall be deemed to occur in the State of Washington and be regulated thereby, regardless of where you may reside, be situated or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed and enforced in accordance with Washington law and applicable federal law, in accordance with the laws of the State of Washington without reference to or application of Washington’s conflict of law principles.
22- Compliance with State and Federal Regulations
The Company is licensed in the State of Washington and is governed by Washington law, including without limitation, RCW 19.60.025 Washington law, which requires us to obtain, record and, under certain circumstances, verify certain personal information from you in order to process or engage in any Transaction with you. Such information includes your name, address, telephone number, email address, driver’s license number and issuing state or other government issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver’s license number or other government-issued identification number and other identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise. You will receive a Return Card in your Appraisal Kit. You are required to list and describe the Merchandise that you send to us on the Return Card, sign and send the Return Card back to us along with your Merchandise.
In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act and are required to report certain types of transactions to the IRS and/or the U.S. Department of Treasury. Such reporting obligations may include but are not limited to IRS Form 1099-B, Form 8300, or Suspicious Activity Reports. You may be asked for information to help us comply with our AML program and/or applicable reporting requirements and are required to do so in order to complete any Transaction.
We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.
You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.
23- Waiver of Jury Trial; Choice of Forum
IF ANY CLAIM, ACTION OR LAWSUIT ARISES BETWEEN YOU AND THE COMPANY, YOU EXPRESSLY (A) WAIVE YOUR RIGHT TO A JURY TRIAL; AND (B) CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EITHER THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum selection.
*Company reserves the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after we have posted such modifications or updates, you agree to be bound by the terms as revised.