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TERMS & CONDITIONS

 

The Terms and Conditions contained herein ("The Agreement") shall be binding on each and every customer ("Customer" or "Seller" or "You") of Daniel's Jewelers, Inc. and Refinement Services LLC. These Terms & Conditions are subject to change without notice. Please visit the Terms and Conditions page at daniels.refinementservices.com for the current Terms & Conditions. Any such changes will be immediately posted on daniels.refinementservices.com, and apply as soon as they are posted. By continuing your transaction after any changes are posted, you are indicating your acceptance of those changes.

 

Daniel's Jewelers, Inc. and Refinement Services LLC are two separate, non-related entities. Refinement Services LLC processes the purchasing of gold, platinum, and other precious metals under a license agreement from Daniel's Jewelers, Inc. (For the purpose of this Agreement, Daniel's Jewelers, Inc. and Refinement Services LLC shall be referred to collectively as "Daniel's Jewelers", "Company", "We" or "Us". What we purchase shall be referred to as "jewelry", "precious metals", "gold", "palladium", "platinum", "silver", "content", "goods", "items", "material" or "shipment".)

 

Daniel's Jewelers purchases second-hand jewelry and other precious-metal items for refining only, not for resale. The price we pay to each Seller is based upon the total weight and purity or karat grade (pure precious metal content) contained in the material purchased, factored with the precious-metal market value according to the latest posted afternoon London Fix - not on the material's potential value if resold intact. For this reason, we cannot pay for pearls, gemstones, or other non-precious metal material in the jewelry - other than some diamonds weighing 0.25ct or higher per single diamond.

 

For questions or for Customer Service, you may contact us via e-mail at SellGold@Online.DanielsJewelers.com or by telephone at 1-866-958-7664. However, e-mails are to be the primary form of communication between Daniel's Jewelers and the Customer. E-mails sent from Daniel's Jewelers to the Customer will be conclusive and binding.

 

Requirements for Use

 

You must be at least twenty-one (21) years of age, in order to sell jewelry or other precious metal items to Daniel's Jewelers. In addition, you must be the actual legal owner of any and all precious metals, jewelry, or other property sold, or attempted to be sold, to Daniel's Jewelers, and you must be acting on your own behalf and not as an agent or representative of any other person or any company. We may request documentation of proof of age or ownership. By shipping your goods to Daniel's Jewelers, you accept all terms and conditions set forth herein and those described on our website, which are subject to change.

 

Guaranty Against Loss

 

Daniel's Jewelers will guaranty against loss of the total contents when properly shipped to Daniel's Jewelers, in accordance with the instructions and procedures established by Daniel's Jewelers, and subject to the Terms and Conditions herein. We reserve the right 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 by the postal service or courier service to the Customer. Daniel's Jewelers shall have no liability to any Customer for any such attempted delivery or return of any such items.

 

Limitation of Liability

 

This limitation of liability shall be binding on each and every Customer and on any third party, including, but not limited to, the Customer and the Customer's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to Customer's transaction with Daniel's Jewelers. In no event shall Daniel's Jewelers be liable for any damages from the loss or destruction of property in its possession for any reason - including negligence - except as stated in this agreement. In no event shall Daniel's Jewelers be liable to any third party, including any insurance carrier, nor shall Daniel's Jewelers be liable for any subrogation claim brought by the Customer's insurance carrier. By submitting an item to Daniel's Jewelers, the Customer 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.

 

Items sent to Daniel's Jewelers using Daniel's Jewelers' on-line label or with the envelope contained in Daniel's Jewelers' gold pack are insured with the carrier for a maximum value of three hundred dollars ($300). It is the customer's responsibility to have carrier electronically scan their package into the carrier's tracking system to ensure that carrier accepted possesion of package. Payment of a claim is subject to approval by carrier and/or its insurance company. If Customer believes his/her precious-metal jewelry or other material is worth more than $300.00, we recommend that Customer contact us for further instructions or insure the shipment for the additional value at Customer's own expense, and use any carrier that Customer chooses.

 

Daniel's Jewelers' liability for each transaction is, and shall be expressly and specifically limited to, the LOWEST of the following amounts:

 

1. One-third (1/3) of the appraised value of the mail/envelope/package contents, according to an appraisal submitted by the Customer to Daniel's Jewelers. Appraisal must have been issued prior to the shipment of the item to Daniel's Jewelers and must have been prepared by a licensed, third-party "un-related" appraiser.

 

2. The sum of Three Hundred Dollars ($300.00).

 

The Customer/Seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to Daniel's Jewelers, Daniel's Jewelers' liquidated value shall be conclusive and binding - and further, that in no event shall Daniel's Jewelers' Liability exceed Three Hundred Dollars ($300.00).

 

Daniel's Jewelers 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, Customer explicitly and expressly accepts this limitation of liability.

  

Return Insurance Liabilities

 

If the material is returned to the Customer, Daniel's Jewelers will insure the material for no more than the purchase price offered by Daniel's Jewelers - regardless of what it was insured for when initially submitted by the Customer to Daniel's Jewelers - unless Daniel's Jewelers is otherwise notified by e-mail or fax by the Customer prior to the return shipment, and the Customer agrees to pay for any extra insurance requested. Daniel's Jewelers shall, in its sole discretion, choose the return carrier, insurance amount 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. Daniel's Jewelers' 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 Daniel's Jewelers 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. Daniel's Jewelers 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 any jurisdiction outside of the State of New York, including but not limited to, attorney's fees incurred by Daniel's Jewelers.

 

Acceptance of Transaction by Customer

 

If your payment is cashed or deposited by a bank or financial institution, or your Daniel's Jewelers Gift Card is redeemed either in whole or in part, or you elect payment by PayPal, this will constitute an acceptance of your payment amount and Gift Card amount, and this transaction will be final and your material will be processed for refinement.

 

Material Return

 

If you chose payment by check, and later change your mind about selling your material, or are dissatisfied with the amount of the payment you received, you must notify us by email immediately, and you must immediately return the check un-cashed/un-deposited and the Gift Card un-redeemed, before we will return your material to you. If we do not hear from you by e-mail within ten (10) days of the date on the check we sent you, the transaction will be final, and your material will be processed for refinement and can no longer be returned to you.

 

This time limitation cannot be waived for any reason. Daniel's Jewelers will not be responsible for any loss or damage of any kind if the time limitation is not strictly followed.

 

Waiting Period For A Claim

 

A Customer who wishes to submit a claim to Daniel's Jewelers must notify us immediately to request a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Daniel's Jewelers, c/o Refinement Services LLC, at 333 Pearsall Avenue, Suite 201, Cedarhurst, NY 11516, in accordance with the claim form instructions. The Customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form, along with proof that the goods were transported to us, may result in denial of the claim by Daniel's Jewelers. Daniel's Jewelers and/or our insurance company may require a police report for claim processing. There is a 30-day waiting period from the time the claim form is received by Daniel's Jewelers until the claim is processed.