The terms and conditions below are legally binding on you as a user of the PGS Gold Buyers Web site and/or as a customer of Party Gold Style, Inc. and inure to the benefit of Party Gold Style and its successors and assigns.
Requirements For Use
You must be at least twenty-one (21) years of age to order a Scrap Box, send Party Gold Style your gold, jewelry or other property or to otherwise conduct business with Party Gold Style. In addition, you must be (and, by using a Scrap Box or sending property to Party Gold Style, you represent and warrant that you are) the actual legal owner of any and all gold, jewelry and other property sold or attempted to be sold to Party Gold Style and acting on your own behalf and not as the agent or representative of another person. Party Gold Style may request documentation or other proof of compliance with these requirements.
Guaranty Against Loss / Limitations of Liability
If there is a loss of the contents of a Scrap Box that you properly shipped to Party Gold Style in accordance with the instructions and procedures set forth in the Scrap Box, Party Gold Style will guaranty you against such loss subject to the following terms and conditions.
Party Gold Style's liability under such loss guaranty or otherwise will be limited to one-third (1/3) of the value of the lost contents or Five Hundred ($500.00) Dollars, whichever is less.
If you believe your gold, jewelry or other property is worth more than $500.00, we recommend that you insure your shipment for more at your own expense using any carrier you choose.
In addition, if you do not provide Party Gold Style with an original sales slip or appraisal (issued prior to the date of shipment to Party Gold Style) for the lost contents, the value of your contents will be liquidation value, and Party Gold Style's liability will be limited to One Hundred ($100.00) Dollars. If you provide an original sales slip or such appraisal, the value or your contents will be based on such sales slip or appraisal, and Party Gold Style's liability will be limited to Five Hundred ($500.00) Dollars.
You expressly acknowledge and agree that if you do not provide a sales slip or appraisal that was issued prior to the contents being submitted to Party Gold Style, Party Gold Style's determination of value shall be conclusive and binding.
Without limiting the foregoing, this guaranty will apply only to property shipped in the Scrap Box packaging supplied by Party Gold Style. Party Gold Style reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package that appears damaged, opened or tampered with, and any such rejected mail, envelope or package will be returned to you via U.S. Mail. Party Gold Style will have no liability to you for any such attempted delivery or return of any such items.
Except as expressly provided in these terms and conditions, Party Gold Style will have no liability to you whatsoever, whether arising in connection with your use of the PGS Gold Buyers Web site, a Scrap Box, loss of gold, jewelry or other property or for any other reason, including, without limitation, Party Gold Style's own acts or omissions. In no event will Party Gold Style's liability to you exceed Five-Hundred Dollars ($500.00). Party Gold Style will not be liable to you for any damages, including, but not limited to, incidental, consequential, punitive, or loss of profit or opportunity, other than as expressly set forth in these terms and conditions.
In order to receive a loss guaranty payment or other remuneration from Party Gold Style, you must submit a claim to Party Gold Style on the claim form provided by Party Gold Style. Such forms are available on request. You may submit a claim form any time after at least sixty (60) days after the date of mailing your Scrap Box. Party Gold Style will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Party Gold Style in accordance with the instructions on the claim form. You must submit all supporting documentation with the completed and signed claim form. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by Party Gold Style of your claim.
These terms and conditions, including, without limitation, the limitations of liability, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with Party Gold Style. In no event will Party Gold Style be liable to any third party, including any insurance carrier. Party Gold Style will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or Scrap Box to Party Gold Style, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
You may request Party Gold Style to provide a telephone or e-mail quote for your items after such items have arrived at Party Gold Style's processing facility. Such offers may, at the discretion of Party Gold Style, be recorded. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction and payment will be issued by Party Gold Style.
Return Insurance Liability Limitation
Party Gold Style will insure any item returned to you with a value, as determined by Party Gold Style, in its sole discretion regardless of whether and in what amount it was insured for when mailed by you. Party Gold Style will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, Party Gold Style will have no liability whatsoever in connection with the return of any item to you.
Choice of Law, Waiver, and Claims
These terms and conditions, and all Scrap Box transactions, will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Party Gold Style's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions 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 terms and conditions will 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 Scrap Box or otherwise with Party Gold Style 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 Illinois. Party Gold Style will 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 Illinois, including, but not limited to, attorney fees incurred by Party Gold Style.