Terms
& Conditions
The following terms and conditions are
legally binding on you as a customer being the person (“You” or the “Customer”)
entering into the evaluation and sale agreement (“Sale”) of used, unwanted or
broken jewellery containing precious metals (the “Valuables”) to Bullion Buying
Limited (“CashMyGold” or “we”, “us”, “our”) and/or a user of the CashMyGold
Site and inure to the benefit of CashMyGold and its assigns and successors. Please read these terms and conditions
carefully before entering into a Sale
from our site. You should understand
that by using our site or placing any request for an evaluation and/or Sale with us you agree to
be bound by these terms and conditions.
1.
Information
About Us
www.cashmygold.co.uk is a site
operated by Bullion Buying Ltd (“We”).
We are registered in England and Wales under company number 6970670 and
with our registered office at Bullion Buying Ltd, Radway Green Business Centre,
Radway Green, Alsager, Crewe, CW2 5PR. Our VAT number is 976516381.
2.
Requirements
for Use
You warrant to CashMyGold that:
2.1
You are
at least eighteen (18) years of age, and are a resident in the United Kingdom;
2.2
You
have a sufficient, viable title to the Valuables You send in;
2.3
You
have full authority to sell the Valuables;
2.4
The
Valuables are sold freely without any liabilities, nor any adverse claims of
any type whatsoever;
2.5
no
illegal activity in any country has been involved in the handling or possession
of the Valuables;
2.6
CashMyGold
will not break any law of the UK
or any other country as a result of your sale;
2.7
You
legally own the Valuables that you are sending to CashMyGold with the intention
of sale, and can provide proof of ownership if requested (although CashMyGold
is not obligated to do so);
2.8
You are
acting independently on your sole behalf only and not as an agent or
representative of a third party;
2.9
You are
legally capable of entering into binding contracts; and;
2.10
The
information you submit is truthful and accurate.
3.
How
the Contract is Formed between You and Us
3.1
After you have completed the online form ordering a
Gold Bag, you will receive an email from us acknowledging that we have received
your order. Please note that this does
not mean that your order has been accepted.
Your order constitutes an offer to us to receive from us an evaluation
of your Valuables. All orders are
subject to acceptance by us, and we will confirm such acceptance to you by
dispatching to you our Gold Bag (“the Dispatch Confirmation”). The contract between us (“Contract”) will
only be formed when we send you the Dispatch Confirmation.
4.
Shipping
and Insurance
You warrant to CashMyGold that:
4.1
When
sending your Valuables to CashMyGold you will only use the “Gold Bag” that
CashMyGold provides, unless you use a packaging technique that can systematically
be traced.
4.2
The
“Gold Bag” provided by CashMyGold will already be insured up to the value of
£500. If your Valuables require higher insurance you must arrange this at your
own expense. If you are using an alternative carrier to a “Gold Bag”, you are
responsible for fully insuring your Valuables, and any claim against loss or
damage must be made to this carrier.
4.3
A third
party will be carrying the Valuables between CashMyGold and you, and the
company’s tracking application will be the only way of ensuring the Valuables
were mailed correctly.
4.4
CashMyGold
reserves the right to reject and immediately return a “Gold Bag” back to sender
if it looks as though it has been tampered with, such as damaged or opened,
without any further liability to CashMyGold.
5.
Limitation
of Liability
5.1
Providing
your Vaulables are accepted, the liability of CashMyGold will be limited to no
more than the following, whichever is less:
5.1.1 50%
of the confirmed valuation of your Valuables that has been valued within the
previous 90 days. CashMyGold reserves the right to allow further appraisal
verification of your Valuables from a third party; or
5.1.2 Either
half of the wholesale value, or the Valuables’ current market liquidation
value; or
5.1.3 The
total of one hundred pounds sterling (£100).
5.2
You and
any third party shall be bound by this restriction of liability, including, but
not limited to, You and your successors, assigns, insurance carriers and any
additional individual or body asserting any right or claim which relates to
your transaction with CashMyGold. In the event of loss or destruction of
property while in CashMyGold’s possession for any reason, CashMyGold will not
be held legally responsible for these damages, including negligence greater in
value than set out in this section. If your insurance carrier were to issue any
subrogation claim CashMyGold shall not be liable for this. By submitting an
item to CashMyGold You express your loss of right to any such subrogation claim
on your and your insurance carrier’s behalf. In no circumstances shall
CashMyGold be liable for any consequential or indirect loss that may occur. By
submitting the items, You explicitly express your acceptance of this limitation
of liability.
5.3
This does not include or limit in any way our
liability:
5.3.1
For death or personal injury caused by our
negligence;
5.3.2
Under section 2(3) of the Consumer
Protection Act 1987;
5.3.3
For fraud or fraudulent misrepresentation;
5.3.4
For any deliberate breaches of these Terms by us
that would entitle you to terminate the contract between us; or
5.3.5
For any matter for which it would be illegal for
us to exclude, or attempt to exclude, our liability.
5.4 We
are not responsible for indirect losses which happen as a side effect of the
main loss or damage and even if such losses result from a deliberate breach of
these terms by us that would entitle you to terminate the Contract between us,
including but not limited to: loss of income or revenue; loss of business; loss
of profits or contracts; loss of anticipated savings; loss of data.
5.4
We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under a Contract that is caused
by events outside our reasonable control (“Force Majeure Event”).
6.
Valuation,
Damage and Precious Metals, Gemstones, and Non-Precious Metals
6.1
IMPORTANT: CashMyGold purchases Valuables
for the purposes of refining, not for resale. As CashMyGold melt and refine
the Valuables, the appraised price is subject to its weight and carat and not a
resale value of the jewellery. The prices we offer will reflect this and may be
lower than the price received if resold.
By sending us your jewellery you accept the above implications of the
valuation process.
6.2
You
accept that the process of appraisal of your Valuables may result in
tarnishing, staining and/or scratches.
6.3
CashMyGold
will not value precious or semi precious gemstones that are smaller than half a
carat, so we recommend you remove these from any Valuables you intend to send
us. In the event of loss or damage to these gemstones, CashMyGold will not be
held legally responsible.
6.4
At the
sole option of CashMyGold any jewellery received by us that does not contain
precious metals, may be returned to you uninsured via recorded delivery no more
than 21 days after its assessment, as CashMyGold only accepts precious metals. Notwithstanding this, CashMyGold reserves the
right to destroy any non-precious metals received whether it is part of or the
whole of the item received.
7.
Transaction
Process and Payment, and Business Hours
7.1
Upon
receipt of your Valuables, CashMyGold will assess your valuables and send to
You through the post a letter, plus a cheque containing our valuation price plus
VAT. (the “Letter”) no more than 1 (one) working day (24 hours) from its
valuation. The date written on the cheque refers to its issue date.
7.2
Packages
are only delivered to CashMyGold on working days, which excludes public and
bank holidays. On an instance where the 1 (one) working day begins from a
Friday, or the day before a bank holiday, your Valuables will be processed and
your payment issued the next business day to follow. ‘1 (one) working day’
accounts for the limit in which we will post the items, not the time taken for
them to reach you.
8.
Cancellation,
Material Return and Insurance Liability Limitation
8.1
If you
are unhappy with our offer and want your Valuables returned, you must notify us
by phone or email within 10 (ten) days of the issue date of the Letter (the
“Notification”) and return the cheque to us within a further 7 (seven) days of
the Notification alternatively you can return the cheque to us so that we
receive it within 10 (ten) days of the issue date of the Letter.
8.2
The
Valuables will be returned at CashMyGold’s expense no more than 21 days after
we have received our payment back by You returning the cheque to us as set out
in condition 8.1 above.
8.3
Failure to notify us and/or return the
cheque within the prescribed time as set out in condition 8.1 above may result
in the processing of your Valuables and once processed the Valuables cannot be
recovered and we shall have no further liability to
you
8.4
On
return to You of the Valuables, the Valuables will automatically be limited to
an insurance value of no more than its valuation. Any increase of insurance
value that you request must be paid for by you, after sending us notification
before the return of shipment. Unless stated by you in the above circumstances,
CashMyGold has the right to choose the return carrier, method of delivery
verification and insurance for each transaction being returned.
8.5
If a
cheque has been cashed or deposited, the sale of your Valuables can not be
cancelled. By cashing/depositing our cheque, you agree to the above statement
9.
Ownership
and Risk
9.1
Ownership and risk of the Valuables will only pass
to us once the cheque has been received by you.
10.
Claims
Procedures
If the situation arose where you want to
issue a claim, please send full details of your claim with all supporting
evidence to either CashMyGold, Complaints Department, Radway Green Business
Park, Crewe Cheshire CW2 5PR or customersupport@CashMyGold.co.uk. On receipt of
your claim, should there be any irregularities found and/or missing proof that
the items were mailed to CashMyGold, the claim will be denied. Ensure the above
precautions are carried out in order for a claim to be approved.
11.
Use
of this Website
11.1
Access to our site is permitted on a temporary
basis, and we reserve the right to withdraw or amend the service we provide on
our site without notice (see below). We
will not be liable if for any reason our site is unavailable at any time or for
any period.
11.2
We are the owner or the licensee of all intellectual
property rights in our site, and the material published on it. Those works are protected by copyright laws
and treaties around the world. All rights
are reserved.
11.3
You may print off one copy, and may download
extracts, of any page(s) from our site for your personal reference. You must not modify the paper or digital
copies of any materials you have printed off or downloaded in any way, and you
must not use any illustrations, photographs or any graphics separately from any
accompanying text. You must not use any
part or material on our site for commercial purposes without obtaining a
licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these
terms of use, your right to use our site will cease immediately and you must,
at our option, return or destroy any copies of the materials you have made.
11.4
You warrant and represent to us that:
11.4.1
you will not use this site to send, knowingly
receive, upload, download, use or re-use any material unconnected to the
purpose of the site;
11.4.2
you will not knowingly transmit any data, send or
upload any material that contains viruses, Trojan horses, worms, time bombs,
keystroke loggers, spyware, adware or any other harmful programmes or similar
computer code designed to adversely affect the operation of any computer
software or hardware;
11.4.3
you will not impersonate any person or entity,
provide faults or misleading identification or address information, or invade
the privacy, or violate the personal or proprietary right, of any person or
entity;
11.4.4
you will not access without authority, interfere
with, or damage or disrupt any part of our site, any equipment or network on
which our site is stored, any software used in the provision of our site or any
equipment or network or software owned or used by any third party.
11.5
Where our site contains links to other sites and
resources by third parties or displays adverts of third parties, these are
provided for information only, We have
no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them.
12.
Indemnification
You agree to not hold CashMyGold responsible
for any/all liability, claim, losses, cost and legal fees (paid in arrears)
which is a direct or indirect result of any kind of violation of these terms
and conditions. This includes claims by third parties. You also permit that You
will completely defend and cover CashMyGold, and its lawful successors from any
adverse claim, and not hold any of the previously mentioned parties
responsible.
13.
Choice
of Law, Waiver, and Claims
Regardless of its conflict of law
provisions, these terms and conditions will be governed by the laws of England and Wales
and the parties submit to the exclusive jurisdiction of the Courts of England
and Wales.
CashMyGold’s failure to put any right or condition of the terms and conditions
into effect, will not be deemed as ignoring such right or condition. If any
condition of the terms and conditions is found by a court of law to be invalid,
the parties agree nonetheless that the court should try to give effect to the
parties’ intentions as reflected in such condition and the other conditions of
the terms and conditions still completely and effectively apply. You agree that
without regard to any statute law to the contrary, any claim or cause of action
arising out of or related to use of the services offered by CashMyGold must be
filed in less than 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 United Kingdom.
CashMyGold shall be entitled to reimbursement for any and all costs incurred by
it in defending any civil action filed or attempted to be filed in jurisdiction
outside of England and Wales,
including but not limited to legal fees acquired by CashMyGold.
14.
Change of Terms and Conditions
CashMyGold is
entitled to change or amend these terms and conditions at our sole discretion.
We recommend that you visit the website CashMyGold.co.uk occasionally to ensure
You have an up to date understanding of these terms and conditions.