Terms & Conditions
In the Terms and Conditions set forth below, the terms "you" and "your" refer to the person or persons sending an item or items containing gold, platinum, silver, other precious metals, gemstones (including but not limited to Diamonds, Rubies and Emeralds), or any combination thereof (hereinafter referred to as "Merchandise") to cashforgoldamerica.com a division of John Galt Refining LLC ("cashforgoldamerica.com") for sale and purchase (hereinafter referred to as "Transaction"). "We", "our", and "us" refer to cashforgoldamerica.com and its successors and assigns.
Ownership of Merchandise: You agree that you are at least twenty-one (21) years of age; you have good and marketable title to the Merchandise you send in; 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 cashforgoldamerica.com; you are acting on your own behalf, and not as another's agent or representative; the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; you will NOT send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other deleterious elements; the Merchandise is not from, or the result of, illegal activity in this country or any other country; any transaction initiated by you will not cause cashforgoldamerica.com to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country; cashforgoldamerica.com reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or your merchandise.
Compliance with Government Agencies:
Effective October 1, 2009, the State of Florida (Statutes Section 538.32) requires cashforgoldamerica.com to obtain your driver's license number (or other government issued ID number) and a signed sworn statement in order to process your payment.
Describing your Merchandise:
You agree to accurately list and describe the Merchandise that you send to us on an inventory card, which you can print from our website or receive from us by mail. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described on your inventory card and the items we receive, or if no inventory card was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 5 business days at our cost by the FedEx® shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.
Inbound Shipping Methods, Costs, Loss or Damage Guarantee: You can select one of the following inbound shipping methods on cashforgoldamerica.com's website:
FedEx Express Saver® Shipping:
If you choose FedEx Express Saver® shipping, we will either mail you all the shipping and packaging materials at our expense or you may print your own FedEx® shipping label, packing slip, and instructions from our website. If you choose this method of shipping, follow our instructions, and use a FedEx® shipping label provided by us, we will pay your inbound shipping costs, and guarantee your package against loss or damage of up to $1,000. If you believe that you need additional coverage then it is your responsibility to obtain such additional coverage at your expense before sending us your Merchandise. You can contact us by telephone 877-249-5821 to arrange for additional coverage or for shipping instructions.
QuickShip™ Option:
You can print your own FedEx® shipping label, packing slip, welcome letter, instructions, and 5 closest FedEx® locations from our website for FedEx Express Saver® Shipping. If you use a FedEx® shipping label provided by us, we guarantee your package against loss or damage of up to $1,000. If you believe that you need additional coverage, then it is your responsibility to obtain such additional coverage at your expense before sending us your Merchandise. You can contact us by telephone 877-249-5821 to arrange for additional coverage or for shipping instructions.
Loss or Damage Guarantee:
If you send us your Merchandise using FedEx Express Saver® Shipping with a FedEx® shipping label provided by us we will cover your lost property up to $1,000 once it is processed by FedEx® until we receive it at our processing facility. In the event your package is lost or damaged by FedEx® en route to our processing facility, cashforgoldamerica.com will cover the value of your package up to $1,000 provided that you use a FedEx® shipping label issued by us, our Tyvek® envelope, use our plastic bag, and the package was dropped off at an approved FedEx® location. In the event that your package is lost we will require that you: Provide proof of shipping receipt; provide receipt of proof that goods are lost; and file a claim within 30 days of loss. In the event your package was damaged we will require that you: Provide proof of shipping receipt; provide receipt of proof that goods are damaged; demonstrate that the package was not damaged prior to shipping; file a claim within 30 days of loss. In order for cashforgoldamerica.com to cover your items in excess of $1,000 you must: Contact cashforgoldamerica.com prior to shipment; use a FedEx® box that is covered under the FedEx® Declared Value Exemption program; have receipts or valuation documenting the requested Declared Value Exemption for the contents of your package; receive a written or fax confirmation from cashforgoldamerica.com that your request for a Declared Value Exemption has been approved by FedEx® and cashforgoldamerica.com.
Receipt of Merchandise:
We videotape the opening and the contents of each package of Merchandise we receive. We will retain the video for 15 days after we receive your GoldPack Recycling Kit™ ("GoldPack"). You may make arrangements with us to order a copy of the video for an additional fee. We reserve the right, at our sole discretion and with notice to you, to reject any inbound package that appears to have been tampered with prior to delivery. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us. We will send you notice by email when we receive and enter your Merchandise into our database.
Determining Your Settlement Offer:
We will determine the value of your Merchandise using a calculation based primarily on the PM London Gold fixing on the day we process your Merchandise, a formula based on the karat and weight of the Merchandise, and any other factors that we deem to be appropriate. The total pennyweight (DWT) column, used in determining the price for a given metal type and quality, will be calculated based on the total number of pennyweights of gold and platinum sent in your GoldPack. cashforgoldamerica.com will pay the silver price based on the total number of pennyweights of silver received, but will use the pricing column that corresponds to the total number of pennyweights of gold and platinum received.
We will make the value of your Merchandise available for viewing online using our exclusive service, the GoldTrack ("GoldTrack") (www.cashforgoldamerica.com.com/GoldTrack) feature on our website. Once you submit your request for a package you will have the opportunity to select a payment method online. You may change or retrieve your temporary username and password by logging onto our website. You agree that you fully understand how to use GoldTrack.
Settlement:
Upon processing your Merchandise, we will notify you by email or telephone that your Merchandise and our settlement payment for your Merchandise ("Settlement") is available for you to view on our website by logging into your customer account using GoldTrack ("Settlement Notice"). You must accept or decline your Settlement within 24 hours after we send our "Settlement Notice" to you by logging into your customer account on our website using GoldTrack and accepting or declining the Settlement. If you have not logged into your customer account on our website using GoldTrack to accept or decline your Settlement within the time frame set forth above, and have not contacted us to express your intent to the contrary, then you will be deemed to have accepted the Settlement, and we will issue payment of your Settlement via the method of payment you previously selected on your GoldPack or through GoldTrack. Alternatively if you did not previously select a method of payment on your GoldPack, then payment shall be made via company check by United States Postal Service and mailed within 24 hours. Upon your acceptance of the Settlement (either affirmatively, or by failing to decline or accept the Settlement within the time frame set forth above), we will send your Settlement to you at the address listed in our records by the end of the next business day after we receive your Merchandise in accordance with the method of payment you selected for your Settlement. You can use your GoldTrack's RapidCash option to receive your payment faster via Wire Transfer, Online Payment, PayPal™, or FedEx Overnight Service. Your payment may be processed sooner if you log into your customer account using GoldTrack and clicking: "accept" or "accept + speed my payment". You may also change your method of Settlement by logging into the GoldTrack and changing your desired payment option within 24 hours of receiving your "Settlement Notice". If you decline the Settlement in GoldTrack within the time frame set forth above, then we will ship your Merchandise to you at the address indicated in our records within 2 business days via FedEx Express Saver® shipping at no cost to you, and insuring your Merchandise for full value of the Settlement offer.
Method of Payment:
You can select one of the following methods of payments for your Settlement on cashforgoldamerica.com's GoldPack that you receive in the mail or select a payment option via our GoldTrack service: Company check sent via the United States Postal Service. (This is our default Settlement payment method; If you fail to select a method of payment on the form enclosed with your GoldPack, then you will receive a company check via the United States Postal Service); Company check sent via FedEx Overnight shipping with the fee of $23 deducted from the payment of your Settlement; Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with the fee of $4.99 deducted from the payment of your Settlement and will be waived if your Settlement is over $200; Transfer money to your PayPal™ account in accordance with the instructions you provided to us (PayPal™ may charge additional fees for this service). It is your responsibility to know the terms and conditions of the method of payment you select as set forth herein and as stated on our website. By selecting the payment of your Settlement by a deposit into your PayPal™ account or wire transfer into your bank or brokerage account listed on cashforgoldamerica.com's GoldPack or changing your payment option with GoldTrack, you acknowledge and agree that if you affirmatively accept the Settlement within the time frame set forth herein, or accept the Settlement by default (i.e. by failing to decline or accept the Settlement within the time frame set forth above) the Transaction is final, payment will be sent to you by the method you selected on cashforgoldamerica.com's GoldPack or the method you selected in GoldTrack, we will own the Merchandise, and you will have no right to decline the Settlement or demand that the Merchandise be returned to you, and that the Merchandise will be destroyed in accordance with our procedures, which include melting and refining. You further acknowledge and agree that if you had selected payment by company check on cashforgoldamerica.com's GoldPack instead of by wire transfer, you would have had a right to a return period as specified below.
Settlement Paid by Company Check: If you did not select a wire transfer, online payment, deposit into your PayPal™ account, wire transfer, or FedEx Standard® Overnight on cashforgoldamerica.com's GoldPack form or change your method of payment on GoldTrack, and you do not agree with the Settlement or change your mind after accepting the Settlement, then within 15 business days from the date of the check: (a) you must notify us via email at returns@cashforgoldamerica.com - or telephone at 877-249-5821 - that you now choose to decline the Settlement and will be returning the un-cashed check to us on a timely basis, and (b) we must receive your returned un-cashed check within 15 business days from the date of the check. You are responsible for sending us the un-cashed check at your expense, and the check must be sent to us at: John Galt Refining LLC, 777 East Atlantic Avenue, Suite C2-354, Delray Beach, FL 33483-5360. If you satisfy the requirements set forth in this paragraph, then we will return your Merchandise as specified herein. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to decline the Settlement, the Transaction will be final, we will own the Merchandise, and the Merchandise will be destroyed in accordance with our procedures, which include melting and refining. If you did not select a wire transfer, online payment, deposit into your PayPal™ account or Overnight FedEx® Service on cashforgoldamerica.com's GoldPack form or change your payment method on GoldTrack and you notify us by email or telephone that you decline the Settlement on GoldTrack before payment is processed and before a company check is sent to you, then we will return your Merchandise to you at the address indicated in our records within 2 business days via FedEx Express Saver® shipping at no cost to you, and insuring your Merchandise for full value of the Settlement.
Settlement by Wire Transfer or PayPal™:
If you elect payment by Wire Transfer or PayPal™ and your settlement offer is $200 or more, we will not charge you any fee for this service. If your settlement offer is less than $200, we will charge a nominal fee of $4.99, to be deducted from your settlement. Please note that your bank may charge a fee for you to receive the Wire Transfer or PayPal™ from us. We have no control over the fees your bank may charge you, and it is your responsibility to determine and accept these fees before requesting Wire Transfer or PayPal™ as your method of payment. Once a wire transfer has been initiated, the transaction is final, and any fees charged by your bank are for your account.
Returned Merchandise Outbound Insurance, Costs, Insurance:
In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the FedEx® shipping method of our choosing at our expense, and will provide coverage through the FedEx® Declared Value Exemption program for the Merchandise for the full value of the rejected Settlement. If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with FedEx® and pay you the full value of the rejected settlement. Please note that items not containing precious metals WILL NOT BE RETURNED by cashforgoldamerica.com except that you may request these items be returned to you at your expense. In such case, cashforgoldamerica.com will charge a fifteen dollar ($15) fee to cover return postage and processing in order to return items not containing precious metals to you. Your items will be sent COD.
MaxPay™ Guarantee:
There are two parts to our MaxPay™ Guarantee. First, if you have received an itemized written offer for your Merchandise that is based on the London PM fixing on the offer date from a national gold recycling firm that advertises on nationwide television on their company stationary within fifteen (10) days prior to submitting the same Merchandise to us, send us the original offer with your GoldPack. If the itemized written offer exceeds cashforgoldamerica.com's offer we will match the percentage of the spot gold metal price offered by the competitor based on the London PM fixing on the date of their offer and pay the same percentage of the spot gold metal price based on the London PM fixing of gold on our Settlement date. In addition to that we will pay an additional 10% cash bonus based on the total dollar amount of our revised Settlement offer. Second, cashforgoldamerica.com holds your item for 10 days after we send your check, if you change your mind, send back your payment within 10 days of the date of the check and we will return your items. After our 10 day waiting period, your items become literally unrecoverable as we purchase your items to melt down and refine. Once that process is complete we will be unable to return your items. We will return your Merchandise to you at the address indicated in our records within 2 business days via FedEx Express Saver® shipping at no cost to you, and insuring your Merchandise for full value of the Settlement.
Rules Governing Your Use of this Site:
You are entirely responsible for any harm resulting from your use of this Site. You represent and warrant that; you will not use this Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; you will not access this Site through the use of scripts, bots or other automated means; you will not access this Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, this Site unless otherwise specifically authorized by us in a separate written agreement; you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site; you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any IP (as defined in "Our Intellectual Property Rights" below) or enforce limitations on use of this Site or the Materials on this Site; or you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of this Site.
DO NOT CALL LIST: I further agree to the following:
Even if I am on a National or State DO NOT CALL List, by requesting information and contact as offered on our Sites inquiry form and submitting my contact information which may include my telephone number, cashforgoldamerica.com and affiliates are authorized to contact me by telephone at that number regarding services I have requested from John Galt Refining LLC for the three (3) month period following date of this consent.
Our Intellectual Property Rights:
All of the content on this Site (the "Intellectual Property") and the trademarks, service marks, and logos contained on this Site ("Marks") are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted by this Agreement. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the Materials.
Electronic Signature:
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY 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. YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE cashforgoldamerica.com GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.
Limitation of Liability:
IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, 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 SETTLEMENT TO YOU OR $1,000 PER TRANSACTION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL,OR PUNATIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; (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.
Miscellaneous:
You agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. 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. In the event of any strike, disruption of service, or any other problems that we might encounter with FedEx, we reserve the right in our discretion to replace FedEx with another shipping carrier. cashforgoldamerica.com is licensed to do business in the State of Florida and is governed by the laws of the State of Florida. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST cashforgoldamerica.com ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR BREACH THEREOF SHALL BE SETTLED SOLELY AND EXCLUSIVELY VIA BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. SAID ARBITRATION SHALL TAKE PLACE IN PALM BEACH COUNTY, FLORIDA, USA. You expressly agree that any such Court and/or Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party shall bear its own attorneys fees and expenses. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. You agree that the Arbitrator shall not have the right to award punitive damages or speculative damages. The Arbitrator shall be required to follow applicable law Florida law. You agree that venue shall be in Miami-Dade County, Broward County, or Palm Beach County, Florida. All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 6:00 p.m. in Florida on the appropriate 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. Furthermore, any time frame set forth above may be suspended or 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 storms.
** Terms and Conditions are subject to change. You must go to our website to read the full terms & conditions or contact us and we will send you a copy of the Terms & Conditions free of charge.
Ownership of Merchandise: You agree that you are at least twenty-one (21) years of age; you have good and marketable title to the Merchandise you send in; 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 cashforgoldamerica.com; you are acting on your own behalf, and not as another's agent or representative; the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; you will NOT send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other deleterious elements; the Merchandise is not from, or the result of, illegal activity in this country or any other country; any transaction initiated by you will not cause cashforgoldamerica.com to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country; cashforgoldamerica.com reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or your merchandise.
Compliance with Government Agencies:
Effective October 1, 2009, the State of Florida (Statutes Section 538.32) requires cashforgoldamerica.com to obtain your driver's license number (or other government issued ID number) and a signed sworn statement in order to process your payment.
Describing your Merchandise:
You agree to accurately list and describe the Merchandise that you send to us on an inventory card, which you can print from our website or receive from us by mail. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described on your inventory card and the items we receive, or if no inventory card was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 5 business days at our cost by the FedEx® shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.
Inbound Shipping Methods, Costs, Loss or Damage Guarantee: You can select one of the following inbound shipping methods on cashforgoldamerica.com's website:
FedEx Express Saver® Shipping:
If you choose FedEx Express Saver® shipping, we will either mail you all the shipping and packaging materials at our expense or you may print your own FedEx® shipping label, packing slip, and instructions from our website. If you choose this method of shipping, follow our instructions, and use a FedEx® shipping label provided by us, we will pay your inbound shipping costs, and guarantee your package against loss or damage of up to $1,000. If you believe that you need additional coverage then it is your responsibility to obtain such additional coverage at your expense before sending us your Merchandise. You can contact us by telephone 877-249-5821 to arrange for additional coverage or for shipping instructions.
QuickShip™ Option:
You can print your own FedEx® shipping label, packing slip, welcome letter, instructions, and 5 closest FedEx® locations from our website for FedEx Express Saver® Shipping. If you use a FedEx® shipping label provided by us, we guarantee your package against loss or damage of up to $1,000. If you believe that you need additional coverage, then it is your responsibility to obtain such additional coverage at your expense before sending us your Merchandise. You can contact us by telephone 877-249-5821 to arrange for additional coverage or for shipping instructions.
Loss or Damage Guarantee:
If you send us your Merchandise using FedEx Express Saver® Shipping with a FedEx® shipping label provided by us we will cover your lost property up to $1,000 once it is processed by FedEx® until we receive it at our processing facility. In the event your package is lost or damaged by FedEx® en route to our processing facility, cashforgoldamerica.com will cover the value of your package up to $1,000 provided that you use a FedEx® shipping label issued by us, our Tyvek® envelope, use our plastic bag, and the package was dropped off at an approved FedEx® location. In the event that your package is lost we will require that you: Provide proof of shipping receipt; provide receipt of proof that goods are lost; and file a claim within 30 days of loss. In the event your package was damaged we will require that you: Provide proof of shipping receipt; provide receipt of proof that goods are damaged; demonstrate that the package was not damaged prior to shipping; file a claim within 30 days of loss. In order for cashforgoldamerica.com to cover your items in excess of $1,000 you must: Contact cashforgoldamerica.com prior to shipment; use a FedEx® box that is covered under the FedEx® Declared Value Exemption program; have receipts or valuation documenting the requested Declared Value Exemption for the contents of your package; receive a written or fax confirmation from cashforgoldamerica.com that your request for a Declared Value Exemption has been approved by FedEx® and cashforgoldamerica.com.
Receipt of Merchandise:
We videotape the opening and the contents of each package of Merchandise we receive. We will retain the video for 15 days after we receive your GoldPack Recycling Kit™ ("GoldPack"). You may make arrangements with us to order a copy of the video for an additional fee. We reserve the right, at our sole discretion and with notice to you, to reject any inbound package that appears to have been tampered with prior to delivery. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us. We will send you notice by email when we receive and enter your Merchandise into our database.
Determining Your Settlement Offer:
We will determine the value of your Merchandise using a calculation based primarily on the PM London Gold fixing on the day we process your Merchandise, a formula based on the karat and weight of the Merchandise, and any other factors that we deem to be appropriate. The total pennyweight (DWT) column, used in determining the price for a given metal type and quality, will be calculated based on the total number of pennyweights of gold and platinum sent in your GoldPack. cashforgoldamerica.com will pay the silver price based on the total number of pennyweights of silver received, but will use the pricing column that corresponds to the total number of pennyweights of gold and platinum received.
We will make the value of your Merchandise available for viewing online using our exclusive service, the GoldTrack ("GoldTrack") (www.cashforgoldamerica.com.com/GoldTrack) feature on our website. Once you submit your request for a package you will have the opportunity to select a payment method online. You may change or retrieve your temporary username and password by logging onto our website. You agree that you fully understand how to use GoldTrack.
Settlement:
Upon processing your Merchandise, we will notify you by email or telephone that your Merchandise and our settlement payment for your Merchandise ("Settlement") is available for you to view on our website by logging into your customer account using GoldTrack ("Settlement Notice"). You must accept or decline your Settlement within 24 hours after we send our "Settlement Notice" to you by logging into your customer account on our website using GoldTrack and accepting or declining the Settlement. If you have not logged into your customer account on our website using GoldTrack to accept or decline your Settlement within the time frame set forth above, and have not contacted us to express your intent to the contrary, then you will be deemed to have accepted the Settlement, and we will issue payment of your Settlement via the method of payment you previously selected on your GoldPack or through GoldTrack. Alternatively if you did not previously select a method of payment on your GoldPack, then payment shall be made via company check by United States Postal Service and mailed within 24 hours. Upon your acceptance of the Settlement (either affirmatively, or by failing to decline or accept the Settlement within the time frame set forth above), we will send your Settlement to you at the address listed in our records by the end of the next business day after we receive your Merchandise in accordance with the method of payment you selected for your Settlement. You can use your GoldTrack's RapidCash option to receive your payment faster via Wire Transfer, Online Payment, PayPal™, or FedEx Overnight Service. Your payment may be processed sooner if you log into your customer account using GoldTrack and clicking: "accept" or "accept + speed my payment". You may also change your method of Settlement by logging into the GoldTrack and changing your desired payment option within 24 hours of receiving your "Settlement Notice". If you decline the Settlement in GoldTrack within the time frame set forth above, then we will ship your Merchandise to you at the address indicated in our records within 2 business days via FedEx Express Saver® shipping at no cost to you, and insuring your Merchandise for full value of the Settlement offer.
Method of Payment:
You can select one of the following methods of payments for your Settlement on cashforgoldamerica.com's GoldPack that you receive in the mail or select a payment option via our GoldTrack service: Company check sent via the United States Postal Service. (This is our default Settlement payment method; If you fail to select a method of payment on the form enclosed with your GoldPack, then you will receive a company check via the United States Postal Service); Company check sent via FedEx Overnight shipping with the fee of $23 deducted from the payment of your Settlement; Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with the fee of $4.99 deducted from the payment of your Settlement and will be waived if your Settlement is over $200; Transfer money to your PayPal™ account in accordance with the instructions you provided to us (PayPal™ may charge additional fees for this service). It is your responsibility to know the terms and conditions of the method of payment you select as set forth herein and as stated on our website. By selecting the payment of your Settlement by a deposit into your PayPal™ account or wire transfer into your bank or brokerage account listed on cashforgoldamerica.com's GoldPack or changing your payment option with GoldTrack, you acknowledge and agree that if you affirmatively accept the Settlement within the time frame set forth herein, or accept the Settlement by default (i.e. by failing to decline or accept the Settlement within the time frame set forth above) the Transaction is final, payment will be sent to you by the method you selected on cashforgoldamerica.com's GoldPack or the method you selected in GoldTrack, we will own the Merchandise, and you will have no right to decline the Settlement or demand that the Merchandise be returned to you, and that the Merchandise will be destroyed in accordance with our procedures, which include melting and refining. You further acknowledge and agree that if you had selected payment by company check on cashforgoldamerica.com's GoldPack instead of by wire transfer, you would have had a right to a return period as specified below.
Settlement Paid by Company Check: If you did not select a wire transfer, online payment, deposit into your PayPal™ account, wire transfer, or FedEx Standard® Overnight on cashforgoldamerica.com's GoldPack form or change your method of payment on GoldTrack, and you do not agree with the Settlement or change your mind after accepting the Settlement, then within 15 business days from the date of the check: (a) you must notify us via email at returns@cashforgoldamerica.com - or telephone at 877-249-5821 - that you now choose to decline the Settlement and will be returning the un-cashed check to us on a timely basis, and (b) we must receive your returned un-cashed check within 15 business days from the date of the check. You are responsible for sending us the un-cashed check at your expense, and the check must be sent to us at: John Galt Refining LLC, 777 East Atlantic Avenue, Suite C2-354, Delray Beach, FL 33483-5360. If you satisfy the requirements set forth in this paragraph, then we will return your Merchandise as specified herein. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to decline the Settlement, the Transaction will be final, we will own the Merchandise, and the Merchandise will be destroyed in accordance with our procedures, which include melting and refining. If you did not select a wire transfer, online payment, deposit into your PayPal™ account or Overnight FedEx® Service on cashforgoldamerica.com's GoldPack form or change your payment method on GoldTrack and you notify us by email or telephone that you decline the Settlement on GoldTrack before payment is processed and before a company check is sent to you, then we will return your Merchandise to you at the address indicated in our records within 2 business days via FedEx Express Saver® shipping at no cost to you, and insuring your Merchandise for full value of the Settlement.
Settlement by Wire Transfer or PayPal™:
If you elect payment by Wire Transfer or PayPal™ and your settlement offer is $200 or more, we will not charge you any fee for this service. If your settlement offer is less than $200, we will charge a nominal fee of $4.99, to be deducted from your settlement. Please note that your bank may charge a fee for you to receive the Wire Transfer or PayPal™ from us. We have no control over the fees your bank may charge you, and it is your responsibility to determine and accept these fees before requesting Wire Transfer or PayPal™ as your method of payment. Once a wire transfer has been initiated, the transaction is final, and any fees charged by your bank are for your account.
Returned Merchandise Outbound Insurance, Costs, Insurance:
In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the FedEx® shipping method of our choosing at our expense, and will provide coverage through the FedEx® Declared Value Exemption program for the Merchandise for the full value of the rejected Settlement. If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with FedEx® and pay you the full value of the rejected settlement. Please note that items not containing precious metals WILL NOT BE RETURNED by cashforgoldamerica.com except that you may request these items be returned to you at your expense. In such case, cashforgoldamerica.com will charge a fifteen dollar ($15) fee to cover return postage and processing in order to return items not containing precious metals to you. Your items will be sent COD.
MaxPay™ Guarantee:
There are two parts to our MaxPay™ Guarantee. First, if you have received an itemized written offer for your Merchandise that is based on the London PM fixing on the offer date from a national gold recycling firm that advertises on nationwide television on their company stationary within fifteen (10) days prior to submitting the same Merchandise to us, send us the original offer with your GoldPack. If the itemized written offer exceeds cashforgoldamerica.com's offer we will match the percentage of the spot gold metal price offered by the competitor based on the London PM fixing on the date of their offer and pay the same percentage of the spot gold metal price based on the London PM fixing of gold on our Settlement date. In addition to that we will pay an additional 10% cash bonus based on the total dollar amount of our revised Settlement offer. Second, cashforgoldamerica.com holds your item for 10 days after we send your check, if you change your mind, send back your payment within 10 days of the date of the check and we will return your items. After our 10 day waiting period, your items become literally unrecoverable as we purchase your items to melt down and refine. Once that process is complete we will be unable to return your items. We will return your Merchandise to you at the address indicated in our records within 2 business days via FedEx Express Saver® shipping at no cost to you, and insuring your Merchandise for full value of the Settlement.
Rules Governing Your Use of this Site:
You are entirely responsible for any harm resulting from your use of this Site. You represent and warrant that; you will not use this Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; you will not access this Site through the use of scripts, bots or other automated means; you will not access this Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, this Site unless otherwise specifically authorized by us in a separate written agreement; you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site; you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any IP (as defined in "Our Intellectual Property Rights" below) or enforce limitations on use of this Site or the Materials on this Site; or you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of this Site.
DO NOT CALL LIST: I further agree to the following:
Even if I am on a National or State DO NOT CALL List, by requesting information and contact as offered on our Sites inquiry form and submitting my contact information which may include my telephone number, cashforgoldamerica.com and affiliates are authorized to contact me by telephone at that number regarding services I have requested from John Galt Refining LLC for the three (3) month period following date of this consent.
Our Intellectual Property Rights:
All of the content on this Site (the "Intellectual Property") and the trademarks, service marks, and logos contained on this Site ("Marks") are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted by this Agreement. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the Materials.
Electronic Signature:
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY 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. YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE cashforgoldamerica.com GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.
Limitation of Liability:
IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, 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 SETTLEMENT TO YOU OR $1,000 PER TRANSACTION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL,OR PUNATIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; (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.
Miscellaneous:
You agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. 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. In the event of any strike, disruption of service, or any other problems that we might encounter with FedEx, we reserve the right in our discretion to replace FedEx with another shipping carrier. cashforgoldamerica.com is licensed to do business in the State of Florida and is governed by the laws of the State of Florida. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, DISPUTES, CONTROVERSIES OR OTHER MATTERS AGAINST cashforgoldamerica.com ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR BREACH THEREOF SHALL BE SETTLED SOLELY AND EXCLUSIVELY VIA BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. SAID ARBITRATION SHALL TAKE PLACE IN PALM BEACH COUNTY, FLORIDA, USA. You expressly agree that any such Court and/or Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party shall bear its own attorneys fees and expenses. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. You agree that the Arbitrator shall not have the right to award punitive damages or speculative damages. The Arbitrator shall be required to follow applicable law Florida law. You agree that venue shall be in Miami-Dade County, Broward County, or Palm Beach County, Florida. All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 6:00 p.m. in Florida on the appropriate 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. Furthermore, any time frame set forth above may be suspended or 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 storms.
** Terms and Conditions are subject to change. You must go to our website to read the full terms & conditions or contact us and we will send you a copy of the Terms & Conditions free of charge.