Terms and Conditions
The terms and conditions below are legally binding on you as a user of the CashForGoldCanada.com Web site and inure to the benefit of CashForGoldCanada.com and its successors and assigns.
Requirements For Use
You must be at least eighteen (18) years of age to order a GoldExpress Kit, send CashForGoldCanada.com your gold, jewelry or other property or to otherwise conduct business with CashForGoldCanada.com. In addition, you must be (and, by using a GoldExpress Kit or sending property to CashForGoldCanada.com, you represent and warrant that you are) the actual legal owner of any and all gold, jewelry and other property sold or attempted to be sold to CashForGoldCanada.com and acting on your own behalf and not as the agent or representative of another person. CashForGoldCanada.com may request documentation or other proof of compliance with these requirements.
Guaranty Against Loss / Limitations of Liability
As of March 29, 2012 to the fullest extent permitted by law, neither CASHFORGOLDCANADA.COM nor any of its affiliates, officers, employees, subsidiaries or holding company shall be liable for any damages of any kind exceeding $500.00 ($100.00 liabilty for kits sent before March 29, 2012) as described below, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection to dealing with CASHFORGOLDCANADA.COM. This limitation of liability is binding to all parties transacting with CASHFORGOLDCANADA.COM , including, but not limited to, the customer, insurance company or any other individual or entity asserting any right or claim relating to customer’s transaction with CASHFORGOLDCANADA.COM.
In no event shall CASHFORGOLDCANADA.COM be liable for any claim brought by a customer’s insurance company, and, by submitting an item to CASHFORGOLDCANADA.COM , the customer expressly and specifically waives any claim on his or her behalf as well as on the behalf of his or her insurance company.
CASHFORGOLDCANADA.COM’s liability shall be expressly and specifically limited to the LEAST of the following two sums:
1. The liquidation value placed on the total contents of the GOLD selling kit by CASHFORGOLDCANADA.COM.
2. The sum of Five Hundred ($500.00) Dollars after March 29, 2012. ($100.00 for kits sent before March 29, 2012).
By sending material to CASHFORGOLDCANADA.COM the customer or prospective seller expressly acknowledges and agrees that they will be offered the fair market wholesale value for such items and than in no event shall CASHFORGOLDCANADA.COM ‘s Liability exceed Five Hundred ($500.00) Dollars.
CASHFORGOLDCANADA.COM shall not be liable to anyone for any other amount, other than as set forth herein above.
By submitting items to CASHFORGOLDCANADA.COM , customer explicitly and expressly accepts this limitation of liability. If you believe that the items you are sending to CASHFORGOLDCANADA.COM are worth more than $500, we recommend that you contact us via phone or email to order a high value insurance kit. This will allow your items to be insured for a higher value while being transported to our facility. Should the GOLD selling kit be damaged, opened, or tampered with CASHFORGOLDCANADA.COM reserves the right to return it back to the customer using Canada Post services.
100% Satisfaction Guarantee
We offer extremely competitive pricing for your scrap items and are confident you will be happy with your payout. If for any reason you are unhappy in any way with the payment you received just have your cheque returned to us no later than twelve (12) days of the date on the cheque or just do NOT accept the payment we issued to you via Paypal/Interac transfer within twelve (12) days (whichever applies) and we will return the material you included in the GOLDExpress kit within fifteen (15) business days. No questions asked. This is our 100% satisfaction guarantee. After the twelve (12) day return period your items will be removed from our facility to be refined. PLEASE NOTE: Once a cheque has been deposited or an Interac transfer accepted this will complete the transaction and a return of items will not be available even if it is before the 12 days. If you are not happy with the payout figure, please do not cash your cheque or accept the transfer as we cannot guarantee return of items. If you are concerned that your returned cheque will not reach us in time, please let us know before the twelve (12) days have passed so that we hold your package for you. Please note that if you elect to have your items returned to you, a $15.00 shipping and handling charge will apply.
Phone, email Interac transfer or e-mail Offers
You may request CashForGoldCanada.com to provide a telephone or e-mail quote for your items after such items have arrived at the CashForGoldCanada.com processing facility. Such offers may, at the discretion of CASHFORGOLDCANADA.COM , be recorded. Upon your acceptance, oral or written, of such quote (including email Interac transfers), you will be legally bound by such transaction, payment will be issued by CASHFORGOLDCANADA.COM and you will not have the opportunity to return your check and receive your items back from CASHFORGOLDCANADA.COM.
Binding Effect
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 CASHFORGOLDCANADA.COM . In no event will CASHFORGOLDCANADA.COM be liable to any third party, including any insurance carrier. CASHFORGOLDCANADA.COM will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or GoldExpress Kit to CASHFORGOLDCANADA.COM , you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
Return Insurance Liability Limitation
CASHFORGOLDCANADA.COM will insure any item returned to you with a value, as determined by CASHFORGOLDCANADA.COM in its sole discretion, of $15.00 or more at the amount of two (2) times such value (regardless of whether and in what amount it was insured for when mailed by you). CASHFORGOLDCANADA.COM will not insure any item with a precious metal or diamond value of less than $15.00. CASHFORGOLDCANADA.COM will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, CASHFORGOLDCANADA.COM will have no liability whatsoever in connection with the return of any item to you.
Promotional Offers Limitation
CASHFORGOLDCANADA.COM may from time to time offer certain promotional offers which may increase payout prices over our regular posted payout structure. These offers cannot be combined with other promotional offers or other negotiated price structures unless specifically stated in writing by CASHFORGOLDCANADA.COM
Choice of Law, Waiver, and Claims
These terms and conditions, and all CashForGoldCanada.com transactions, will be governed by the laws of the province of British Columbia without regard to its conflict of law provisions. CashForGoldCanada.com 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 GoldExpress Kit or otherwise with CashForGoldCanada.com 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 Province of British Columbia. CashForGoldCanada.com 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 the Province of British Columbia, including but not limited to, attorney’s fees incurred by CashForGoldCanada.com .