Terms and Conditions
The terms and conditions contained in this Agreement shall be binding for every customer of Express Gold Cash, Inc. By shipping your goods to Express Gold Cash, Inc. (hereafter referred to as “EGC”), you are agreeing to all terms and conditions herein.
Requirements for Use
Customers must be at least eighteen (18) years of age and the actual legal owner of any gold, jewelry, precious metals or other property sold or attempted to be sold to EGC. Every customer must be acting on his or her own behalf and not as the agent or representative of another person. EGC may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph.
Guarantee Against Loss
EGC will guarantee against loss of any package properly shipped to EGC in accordance with its established instructions and procedures and subject to the terms and conditions described herein. Due to fraud EGC cant be liable if packages come to us and are empty or missing contents since we have no way of knowing if they were tampered or emptied before shipping in order to try and claim some type of insurance. Our insurance only covers packages that have been scanned into the Fedex system and were lost in transit. EGC reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with, and to return such mail, envelope or package to the customer. EGC shall have no liability to any customer for any such attempted delivery or return of such items.
Insurance Coverage Requirements
For an insurance claim to be valid, proof of value and purchase is required, such as original purchase receipt, and the package(s) must be picked up by FedEx or dropped off at a staffed Fed Ex location. This is to ensure packages can be inspected before being shipped. Express Gold Cash is not responsible for packages that are dropped off at drop-boxes or for items packaged in non-FedEx packaging, as we cannot guarantee durability.
For your convenience, we provide you with a list of FedEx Authorized Ship centers near you. You must obtain a FedEx receipt, as that is your proof of drop-off, and hold onto it until your transaction with us is complete.
For contents valued over $5,000.00 we suggest that you double-box the shipment for added security. All Fed Ex boxes are free to use when using our prepaid labels. For example, place your contents in a small FedEx box and then place that box in a Medium FedEx box. It is recommended that you do not disclose the contents of the package to any FedEx employees. Please contact customer support at 877-465-3165 if you have any questions concerning shipments.
If you believe your gold jewelry or other property is worth more than $5,000.00, please call customer support and ask for an increase in insurance. We also strongly advise that you list the contents of your Kit on the Customer Information Card included with the brochure, which you must return to us.
Limitation of Liability
This limitation of liability shall be binding on every customer and any third party, including but not limited to the customer and the customer’s successors, assigners, insurance carriers and other individuals or entities asserting any right or claim relating to the customer’s transaction with EGC.
EGC liability is and shall be expressly and specifically limited to the LEAST of the following sums:
- The liquidation value placed on the total contents by EGC in its sole discretion.
- One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to EGC, which appraisal was issued prior to the shipment of the item to EGC
- The sum of Five Thousand Dollars ($5,000.00)
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to EGC, EGC’s liquidated value shall be conclusive and binding; and further, that in no event shall EGC’s Liability exceed Five Thousand Dollars ($5,000.00).
EGC shall not be liable to anyone for any damages, including but not limited to: incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting the items, the customer explicitly and expressly accepts this limitation of liability.
Any customer or prospective seller may request EGC to provide a telephone or e-mail quote for his or her items after such items have arrived at EGC’s processing facility. Verbal offers may be recorded at the sole discretion of EGC. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by EGC within twenty-four (24) hours of such acceptance.
EGC has several affiliates that provide information on our service and refer website visitors to us. Affiliates must adhere to rules and guidelines set forth by our program to maintain ethical advertising practices and remain in our affiliate programs, but ultimately we do not have control over affiliate websites (affiliates not following our terms and conditions are subject to cancellation).
Gold Chart Disclaimer of Liability
EGC shall not be responsible for the contents of the gold chart data appearing on its website. These charts are prepared by third parties other than EGC and are included only for general information to its customers. EGC shall not be liable to anyone who relies on the information contained therein.
Return Insurance Liabilities
If an item is returned to a customer, EGC will insure the item for no more than the amount offered by EGC, regardless of what it was insured for when mailed by the customer to EGC, unless EGC is otherwise notified by the customer via email or fax prior to the return shipment and the customer agrees to pay for the extra insurance requested. EGC shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Choice of Law, Waiver, and Claims
The Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. EGC’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of the Agreement 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 provisions of the Agreement 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 services offered by EGC 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 State of New York. EGC shall be entitled to reimbursement for all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of New York, including but not limited to attorney’s.
100% Satisfaction Guarantee
If you are not 100% satisfied with our offer, you must deny the offer within your account at expressgoldcash.com within 72 hours of receipt of the offer. EGC will return ship your merchandise free of charge and insure it for the amount that was offered by EGC.
Bonus offers do not apply on bullion, coins or bars or diamonds, or an any special phone pricing. Bonus offers may not be combined with any other offers or promotions.
Price Match Guarantee
If you have received a prior offer for your Merchandise from any of our online national competitors, we will match their offer (not to exceed 90% of the current day’s market price for precious metals) or we’ll send your items back at our own expense. In order to qualify for the Price Match Guarantee, you must provide us with written documentation of such competitor’s offer, before we make you an offer.
Best Price Guarantee does not apply to coins, bars or bullion or to precious metals with a purity of 90%+.
Customers are required to accept or deny an offer from EGC within SEVENTY-TWO (72) HOURS of the offer being made. If EGC has received no response to its offer after 72 hours, it will send the customer a check in the amount of the original offer. EGC will hold the items in question for no more than THIRTY (30) DAYS, or until the check is cashed, whichever occurs first. This time limit cannot be waived or extended for any reason, and EGC will not be responsible for any loss or damage of any kind if the time limit is not followed.
Waiting Period for a Claim
A customer who wishes to submit a claim to EGC must NOTIFY THE COMPANY IMMEDIATELY TO REQUEST A CLAIM FORM. To be processed, the claim form must be fully and accurately completed, signed and mailed to Express Gold Cash, Inc. in accordance with the claim form instructions. The customer must submit all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE GOODS WERE MAILED to EGC will result in the denial of the claim by EGC. There is a 30-day waiting period from the time the claim form is received by EGC and when the claim is processed.