In the Terms and Conditions set forth below, the terms "you" and "your" refer to
the person or persons sending gold, platinum, and silver jewelry, or other precious
metals (hereinafter referred to as "Merchandise") to GoldFellow®,
LLC ("GoldFellow") for sale and purchase (hereinafter referred to as "Transaction").
"We", "our", and "us" refer to GoldFellow® and its successors and
assigns.
In order to do business and conduct your Transaction with us, you must accept the
Terms and Conditions set forth below. YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS
SET FORTH BELOW IN THEIR ENTIRETY BY CLICKING SUBMIT AT THE END OF THE GOLDFELLOW®
GET STARTED FORM STATING: "By submitting this form, you agree to GoldFellow's®
Terms & Conditions - See link below."
Our Goal
Our goal is to offer you what we consider to be a fair and competitive payment price
for your Merchandise within 24 hours of processing.
Ownership of Merchandise
You agree that:
- You are at least 18 years old.
- You are the legal owner of your Merchandise that you wish to sell to us;
- You are acting on your own behalf, and not as another's agent or representative;
and
- Your Merchandise is free of any & all claims, liens, or anything else that might
adversely effect the value of your Merchandise or your ability to sell it to us.
Compliance with Government Agencies
Effective October 1, 2009, the State of Florida (Statutes Section 538.32) requires
GoldFellow® 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
a packing slip, 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 packing slip and the items we receive,
or if no packing slip 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 2 business days at our cost by the FedEx®
("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, Insurance
You can select one of the following inbound shipping methods on GoldFellow's®
Get Started form:
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 air bill, packing slip, and instructions from our website. If you choose this
method of shipping and use a FedEx® shipping label provided by us,
we will pay your inbound shipping costs, including insurance up to $1,000 with FedEx®.
If you believe that you need additional insurance, then it is your responsibility
to obtain such additional insurance at your expense before sending us your Merchandise.
You can contact us by telephone (1-877-696-5346) to arrange for additional insurance
or shipping instructions.
FedEx® Overnight shipping
You can print your own FedEx® air bill, packing slip, and instructions
from our website for FedEx® Overnight shipping. If you use a FedEx®
shipping label provided by us then we will deduct the fee for inbound FedEx®
Overnight shipping from your settlement, and also pay for insurance up to $1,000
with FedEx®.
Ship it myself option:
You can choose to ship your Merchandise at your own risk and expense by choosing
the "Ship it Myself" option on GoldFellow's® Get Started form, in
which case you still agree to print a shipping label, packing slip, and instructions
from our website. If you choose to use the "Ship it Myself" option on GoldFellow's®
Get Started form, or choose not to use a FedEx® air bill provided
by us in any event, you agree to pay for all inbound shipping expenses, to insure
your Merchandise at your own cost for full value with the shipper, arrange for package
tracking, and waive any and all claims against us for any loss or damage to the
Merchandise during transit. Any claims for lost or destroyed Merchandise must be
made against the shipper - not us.
If you send us your Merchandise using FedEx® Express Saver or FedEx®
Overnight shipping with a FedEx® air bill provided by us, and your
Merchandise becomes lost in transit, we will file a claim with FedEx®
and pay you the value of any settlement received from FedEx® up to
$1,000.
Receipt of Merchandise
We videotape the opening and the contents of each package of Merchandise we receive.
For a limited time, you may make arrangements with us to order a copy of the video.
We reserve the right, in 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.
Valuing your Merchandise
We will assess the value of your Merchandise using a calculation based primarily
on the afternoon London Gold fixing on the day we process your Merchandise, a formula
based on the karat and weight of the Merchandise, and any other factor that we deem
to be appropriate.
We will make the value of your Merchandise available for viewing online using our
exclusive service, the GoldView ("GoldView") (www.goldfellow.com/goldview)
feature on our website. You agree that you fully understand how to use GoldView,
and have established your own unique password and customer account on our website
in order to use GoldView.
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 GoldView ("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 GoldView and accepting or declining
the Settlement.
If you have not logged into your customer account on our website using GoldView
to accept or decline your Settlement within the time frame set forth above, then
you will be deemed to have accepted the Settlement, and we will issue payment of
your Settlement to you according to the method you initially selected on GoldFellow's®
Get Started form.
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 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 on GoldFellow's®
Get Started form. Your payment may be processed sooner if you log into your customer
account using GoldView and clicking: "I accept. Please speed my payment."
If you decline the Settlement on GoldView 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.
Method of Payment
You can select one of the following methods of payments for your Settlement on GoldFellow's®
Get Started form:
- Company check sent via USPS;
- Company check sent via FedEx® Overnight shipping with the fee 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 deducted from the payment of your Settlement;
- Deposit of an eCheck into your PayPal account in accordance with the instructions
you provided to us; or
- If you fail to select a method of payment, then you will receive a company check
via USPS.
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 deposit of an eCheck into your PayPal
account or wire transfer into your bank or brokerage account on GoldFellow's®
Get Started form, 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 GoldFellow's® Get Started Form, we will own the Merchandise,
and you will have no right to decline the Settlement or claim that the Merchandise
be returned to you and 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 GoldFellow's®
Get Started form instead of by direct deposit, you would have had a right to a return
period as specified below.
Settlement Paid by Company Check
If you selected payment by company check on GoldFellow's® Get Started
form, and you do not agree with the Settlement or change your mind after accepting
the Settlement, then within 10 business days from the date of the check: (a) you
must notify us via email at www.goldfellow.com/returns - or telephone at 1-877-696-5346
- 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 10 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 the
address indicated in the upper left hand corner of the check. 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 selected payment by company check on GoldFellow's® Get Started
form and you notify us by email or telephone that you decline the Settlement on
GoldView before payment is processed and before a company check is sent to
you, then we will return your Merchandise to you as specified herein.
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 insure 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.
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 GOLDFELLOW 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.
GoldFellow® 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, OR DISPUTES AGAINST GOLDFELLOW MUST BE EXCLUSIVELY FILED AND
TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, USA
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.
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.