These Terms and Conditions are between PremierGoldTraders.com and the seller identified on the cover sheet ("Seller" and also "you" or "your"). By shipping your goods to PGT, 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.
Seller represents and warrants that:
- Seller has full legal title to the merchandise being offered for sale to PGT ("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). PGT 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 PGT 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 18 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 out a USPS or UPS shipping label 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 use this method, we will pay the shipping costs, including insurance of the Merchandise for $250.00. If you believe that you need additional insurance, it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise.
- We will send you a shipping label. You can select to request a shipping kit from us on our website, and we will send you the shipping labels, submission form, shipping materials and step by step instruction by regular mail. You will still be responsible for packing the Merchandise and getting the shipping materials to the appropriate shipment location (e.g., post office, UPS Store Location). Again, we will only insure the Merchandise for $250.00 and 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.
We reserve the right, in our sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned to the customer. PGT shall have no liability to any customer for any such attempted delivery or return of any such items. Furthermore, we reserve the right, in our sole discretion, to return Merchandise in the event it deviates from the written description you have provided of the Merchandise.
Our offers are based on an internal formula that is tied to the London Fix. 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 check from PGT:
- You can choose "Accept our offer" and PGT will simply mail you a check for the Merchandise value (as determined by us). For this type of transaction, after we receive the Merchandise, we will simply mail you a check.
- 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 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 a check for 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 emailing us 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 a check 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 PGT, we will ship your Merchandise to you at your address as it appears in our records via a shipping method of our choosing at our 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 on the check we mailed to you, your material may be destroyed as part of our typical refinement process.
In order to have your Merchandise returned:
- Notify us by (i) (ii) sending us an email (from the email you originally used) to email@example.com . 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 the un-cashed check we sent you. We will not return your Merchandise until you return the un-cashed check. We must receive the un-cashed check we sent you within FIVE (5) BUSINESS DAYS of the date you notified use that you desired to cancel the transaction. 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. After the un-cashed check is received by us (or in the event we did not yet issue a check 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 PGT's possession, custody and control. Any insurance provided by PGT 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 PER TRANSACTION. YOU AGREE THAT PGT AFFILIATES, 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 PGT be liable to any third party, including any insurance carrier. PGT shall not be liable for any subrogation claim brought by Seller's insurance carrier and, by submitting an item to PGT, 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 one (1) year 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
PGT is headquartered in Fort Lauderdale Florida. YOU EXPRESSLY AGREE THAT:
- These Terms and Conditions shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
- ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES ARISING UNDER THESE TERMS AND CONDITIONS OR BROUGHT AGAINST PGT 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 Washington D.C. In the event that PGT is the prevailing party in such arbitration, the arbitrator will charge PGT'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.
- The laws of Florida include the Uniform Computer Information Transactions Act. You understand and 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.
OTHER TERMS AND CONDITIONS
All references to "days" shall mean business days, which do not include Saturdays, Sundays, and federal legal holidays. Merchandise received after 2:00 p.m. EST, 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. PGT'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.
Contact with us should be made at: VIA EMAIL: Info@premiergoldtraders.com