Terms and Conditions
The terms "you" and "your" refer to the person or entity offering an item(s) for purchase and/or sending any item(s) containing precious metals (gold, platinum, silver, or any combination thereof), jewelry, gemstones, other personal ornaments, or any combination thereof (collectively hereinafter referred to as "Merchandise") to Company for sale and purchase, as well as accessing or using Our Websites, request an Appraisal Kit and providing us with your personal information (collectively hereinafter 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. Description of Your Merchandise
You will receive a Customer Return Card in your Appraisal Kit. You are required to list and describe the Merchandise that you send to us on the Customer Return Card and send the Card back to us along with your Merchandise.
3. Shipping Your Merchandise
Except for Merchandise sent to us using a Company-generated pre-paid shipping label, we will have no liability for any Merchandise while in transit or otherwise in the possession or custody of any party other than us, including, without limitation, any common carrier (i.e., FedEx, UPS, USPS etc.) or delivery service ("Carrier"). If you decide to arrange for your own shipping, you shall be solely responsible for shipping costs and any related insurance and assume any and all risk of loss for your Merchandise. You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
4. Loss Guarantee and Insurance
If you send us Merchandise using a Company-generated pre-paid shipping label and obtain a receipt and tracking number from the Carrier, we guarantee your package against loss or damage up to the lesser of the fair market value of your Merchandise as determined by us in our sole discretion or $1,000. In the event of a loss, we will, at our sole discretion, either (a) replace your lost Merchandise with goods of like kind, quality, and condition or (b) reimburse you for the fair market value of the lost Merchandise, as determined by us, up to $1,000. If you believe that you need additional insurance, it is your responsibility to obtain such insurance from an insurer on our list of approved providers at your expense before sending us your Merchandise. We will reimburse you for the cost of such insurance upon your acceptance of our offer if you use an approved provider and provide us with a copy of your insurance receipt. Please call us at (800) 225-3500 for information on approved insurance providers.
5. Valuing Your Precious Metals Merchandise
We will assess the value of your precious metals Merchandise using a calculation based on the London Bullion Market Association ("LBMA") price of the applicable precious metal (gold, silver, platinum, etc.) on the day prior to the day we process your Merchandise and a formula based on the purity and weight of the Merchandise, and any other factor that we deem to be appropriate. We do not provide written appraisals. When we receive Merchandise that is, knotted and/or tangled and requires extraordinary effort to evaluate, we reserve the right to use an estimate to calculate the purity and weight of the Merchandise.
6. Accept or Reject Our Offer
After our determination of the amount of our offer for your Merchandise, we will notify you of the offer by sending you (A) an email with a link to your account on Our Website, and/or (B) provide an offer via telephone, both of which will give you the opportunity to accept or reject our offer. You must accept or reject our offer within ninety-six (96) hours or we will deem the offer accepted and we will issue payment to you according to the method you selected. For rejected offers, we reserve the right to make a new offer or return your Merchandise to you in accordance with our Return Policy.
7. Return Policy
If you reject our offer or change your mind within fourteen (14) days from the date of payment, we will return your Merchandise to you at your address as it appears in our records via the Carrier of our choosing at our expense, and will provide shipping insurance for the amount of the rejected offer. In some cases, we will require a signature upon delivery.
If you are not 100% satisfied with your Transaction, you may rescind the Transaction, return your Payment, and receive your Merchandise back from us. To take advantage of this Satisfaction Guarantee, you must contact customer support team via email at CustomerService@outofyourlife.com or by calling (800) 225-3500 within 14 calendar days of the date Payment is issued.
You can select one of the following methods of payment for your Merchandise ("Payment"):
- Company Check
- ACH transfer to your bank
After your acceptance of our offer, we will issue Payment to you within one (1) business day in accordance with the Payment method you selected. If you did not select a Payment method or if you provide us with incorrect or incomplete Payment information, we will issue the Payment by Company check. Before we issue Payment for your items, we may verify the personal and payment information submitted through a national provider of personal identification verification services. If we are not able to verify your information, we may ask you for additional information or documentation, which may delay Payment.
Please note that you are responsible for any third-party transaction fees relating to any Payments made by us to you or if you elect to send money back to us. This includes, but is not limited to, fees associated with ACH payments, PayPal transfers and other similar payment methods. It is your responsibility to determine and accept any such third-party fees prior to requesting your method of Payment. Additional Requirements may apply depending on Payment method.
9. Satisfaction Guarantee
If you have received a prior offer for your Merchandise from any of our online national competitors within 10 days of mailing the exact same Merchandise to us, we will beat their offer by 10% or give you $100. In order to qualify for the Price Match Guarantee, you must include written documentation of such competitor's offers before we make you an offer. This guarantee does not apply to coins or other bullion items such as bars or other material of 90% or greater precious metal purity.
10. Limitations on Promotions
Promotions and bonuses are only redeemable once per customer per Transaction and may not be combined. Promotion benefits will not be awarded unless your Merchandise contains precious metal value. Promotions are not applicable to coins or other bullion items, such as bars, or other material of 90% or greater purity.
11. Electronic Communication and Signature
You consent to receive communications electronically from the Company. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, autodialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.
If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on Our Website, relating to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing
12. 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.
You agree to and will 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.
14. Ownership of Merchandise
You agree and warrant that (1) you are at least eighteen (18) years of age; (2) you have good and marketable title to the Merchandise you send to us; (3) you have full authority to sell and transfer said Merchandise; (4) you are the actual legal owner of any and all Merchandise offered to be sold to us; (5) you are acting on your own behalf, and not as another's agent or representative; (6) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (7) your description of the Merchandise in the shipping materials you provide to us is accurate and complete; (8) your possession of the Merchandise is not from, or the result of, illegal activity in this country or any other country; (9) any Transaction initiated by you will not cause or result in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country by you or us; and (10) you will provide any documentation and/or information reasonably requested by us in connection with or related to you, the foregoing, the Merchandise or the Transaction.
15. Compliance with State and Federal Regulations
The Company is licensed in the State of Florida and is governed by Florida law, including without limitation, Chapter 538 §§ 538.31 et seq. Florida law (Fla. Stat. § 538.32(2)), 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.
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.
In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with our program and applicable laws 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.
Any time frame set forth above may be 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 weather events.
Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
17. Governing Law
All transactions and services with Company shall be deemed to occur in the State of Florida 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 Florida law and applicable federal law, in accordance with the laws of the State of Florida without reference to or application of Florida's conflict of law principles.
18. 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 palm beach county, florida 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.
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.