Terms and Conditions
The terms "you" and "your" refer to the person or entity sending an item(s) containing precious metals (gold, platinum, silver, or any combination thereof), jewelry, gemstones, other personal ornaments, or any combination thereof (collectively hereinafter referred to as "Merchandise") to Company for sale and purchase, as well as requesting an Appraisal Kit or providing us with your personal information (collectively hereinafter referred to as "Transaction"). "We", "our", and "us" refers to Company (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors, and assigns.
- Ownership of Merchandise
You agree and warrant that (1) you are at least eighteen (18) years of age; (2) you have good and marketable title to the Merchandise you send to us; (3) you have full authority to sell said Merchandise; (4) you are the legal owner of any and all Merchandise; (5) you are acting on your own behalf, and not as another's agent or representative; (6) the Merchandise is sold free of all liens, encumbrances, and liabilities; (7) your description of the Merchandise you provide to us is accurate and complete; (8) your possession of the Merchandise is not from, or the result of, illegal activity; (9) any Transaction initiated by you will not cause or result in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country by you or us; and (10) you will provide any documentation and/or information reasonably requested by us in connection with or related to you, the Merchandise or the Transaction.
- Guarantee Against Loss
If you ship Merchandise to us and comply with the Required Shipping Procedures, the Company guarantees your Merchandise up to $5,000 against loss in accordance with Section 18 below.
- Additional Insurance
You may request additional insurance for your Merchandise up to $100,000. If you believe your gold jewelry or other Merchandise is worth more than $5,000.00, you must call us at (800) 220-3500, receive written approval for the additional insurance and follow all instructions and procedures provided by Company prior to your shipment of the Merchandise.
- Required Shipping Procedures
When shipping your Merchandise to Company you must comply with the following required shipping procedures (“Required Shipping Procedures”). Failure to do so will negate any claim for loss you may make in connection with our Guarantee Against Loss or Additional Insurance sections as set forth herein.
The shipping procedures as set forth below are:
- Ship Merchandise using a Company generated pre-paid shipping label.
- Ship your Merchandise by dropping it at a staffed FedEx location or by using a FedEx Driver. This is to ensure packaging for your Merchandise can be inspected prior to shipment. Company is not responsible for Merchandise shipped using drop boxes or any other method.
- Obtain a printed receipt with tracking number and keep the receipt in a safe place until your transaction with us has been completed.
- The contents of your packaging should not allow the Merchandise to be displayed or seen, do not disclose the Merchandise shipped to any FedEx employee or any other person.
- Complete the Customer Return Card (“Return Card”) provided with your kit, list your Merchandise, and include it with your shipment.
- For contents you believe are valued at over $5,000 you must double box the shipment. For example, place your contents in a small FedEx box and then place that box in a Medium FedEx box.
If you arrange your own shipping, you shall assume any and all risk of loss and Company will have no liability whatsoever for your Merchandise. In addition, you shall be solely responsible for shipping costs and any associated insurance.
Please contact customer support at (800) 220-3500 if you have any questions concerning the Required Shipping Procedures prior to shipping your Merchandise to Company.
- Valuing Your Precious Metals Merchandise
Company will assess the value of your Merchandise using a calculated market price provided by the Gold-Feed.com pricing application. The price of the applicable precious metal (gold, silver, platinum, etc.) is updated multiple times each day. We use the pricing on the day we process your Merchandise with a formula based on the purity, weight, and condition of the Merchandise, including tiers related to quantity sold, along with any other factor that we deem to be appropriate to determine the value of your merchandise.
- Satisfaction Guarantee
If you are not 100% satisfied with the offer as to your Merchandise, you must decline your offer within 14 days of receipt. Company will return your Merchandise free of charge.
- Accepting Our Offer
After the amount of our offer is calculated for your Merchandise, we will notify you of the offer by sending you (A) an email with a link to your account, and/or (B) provide an offer via telephone. You must accept our offer within ten (10) business days or, for your convenience, we will deem the offer accepted and issue payment to you via company check. In general, you will receive an offer within one business day of the receipt of your Merchandise.
- Rejecting Our Offer
Please call (800) 220-3500 to reject your offer. We will need to confirm the return address on your account and signatory information to ensure the safe delivery of your Merchandise. In addition, we reserve the right to make a new offer or return your Merchandise to you in accordance with our Return Policy.
- Return Policy
After you reject our offer, we will return your Merchandise to you via, FedEx, UPS, USPS or other delivery service ("Carrier") of our choosing at our expense. We will require a signature upon delivery. If you choose to receive your Merchandise without signature, we will not be responsible for loss or damage to your Merchandise. Upon delivery of returned Merchandise by the Carrier as indicated by the Carrier records, the Company assumes no further liability as to the loss of the Merchandise. You must notify us immediately of any change of address. We will not be responsible for the loss of your Merchandise if the Carrier is unable to deliver to the address on file.
If the carrier fails to deliver your Merchandise and returns it to us, we will attempt to send the Merchandise a second time. If Merchandise is returned to us a second time, we will consider it abandoned and discard it unless you claim it within 90 days from the date we first attempted to mail your Merchandise back to you.
If you change your mind within fourteen (14) days from the date Payment is issued, you may rescind the Transaction by completing our rescission form and returning your Payment within fourteen (14) days from date on the rescission form. We will then return your Merchandise to you. You must contact the customer support team via email at CustomerService@OutOfYourLife.com or by calling (888) 465-3860 within fourteen (14) calendar days of the date Payment is issued.
You can select one of the following methods of payment for your Merchandise ("Payment"):
- Company Check
- ACH transfer to your bank
After your acceptance of our offer, we will issue Payment to you within one (1) business day in accordance with the Payment method you selected. If you did not select a Payment method or if you provide us with incorrect or incomplete Payment information, we will issue the Payment by Company check. Before we issue Payment for your Merchandise, we may verify the personal and payment information submitted through a national provider of personal identification verification services. If we are not able to verify your information, we may ask you for additional information or documentation, which may delay Payment.
Please note that you are responsible for any third-party transaction fees relating to any Payments made by us to you or if you elect to send money back to us. This includes, but is not limited to, fees associated with ACH payments, PayPal transfers and other similar payment methods. It is your responsibility to determine and accept any such third-party fees prior to requesting your method of Payment. Additional Requirements may apply depending on Payment method.
- Price Match Guarantee
If you have received a prior offer for your Merchandise from any of our online national competitors, we will match their offer (not to exceed 95% of the current day’s market price for precious metals). In order to qualify for the Price Match Guarantee, you must provide us with written documentation of such competitor's offer dated within the last ten (10) days prior to shipping the Merchandise.
- Referral Program
If you refer a friend or family member to the Company, we will pay you 5% of the accepted offer amount (up to $250) on their first Transaction with us. Payouts will be awarded fourteen (14) days after the referred customer has accepted their payment from us. You can refer multiple customers, but we will payout only once per new customer referred. Referrals involving existing customers, i.e., customers that have previously transacted business with the Company, are not eligible for payouts.
- Limitation on Promotions
Promotions and bonuses are only redeemable once per customer per Transaction and may not be combined. Promotion benefits will not be awarded unless your Merchandise contains precious metal value.
- Limitation of Liability
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED $5,000 AS SET FORTH IN THE MERCHANDISE CLAIM LIABILITY LIMITS SECTION.
FURTHER, YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (A) ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (B) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT ON YOUR BEHALF OR BY YOUR INSURANCE CARRIER.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED NOT EXPRESSLY STATED HEREIN.
- Making a Claim
If your Merchandise has been lost or damaged in transit to or from Company and such loss or damage would qualify as a claim under our Guarantee Against Loss or Additional Insurance (“Claim”), you may file a Claim by emailing us at firstname.lastname@example.org or call (800) 220-3500. You must file the Claim with us within ten (10) days of the date the Merchandise was sent to or from the Company.
For a Claim to qualify you must have followed the Required Shipping Procedures and provide Company with all information as required or requested. Failure to comply with the Claim requirements or procedures will negate your Claim.
Please note, due to fraud, Company shall not be liable for Merchandise which is delivered in packages that are empty or missing contents since Company has no way of knowing if the packages were tampered, damaged or emptied before shipping Merchandise for the purpose of making a Claim. Company reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears to be empty, damaged, opened, or tampered with, and to return such mail, envelope or package to you. Company shall have no liability to you for any such attempted delivery or return of such Merchandise whether or not Company accepts or rejects the delivery.
- Merchandise Claim Liability Limit
This Merchandise Claim Liability Limit shall be binding on you and any third party, including but not limited to you and your successors, assigns, insurance carriers and other individuals or entities asserting any right or claim relating to your Merchandise.
Company liability to reimburse your Merchandise Claims shall be expressly limited to the LEAST of the following sums:
- The sum of Five Thousand Dollars ($5,000.00), unless increased in accordance with the Additional Insurance section.
- The liquidation value placed on the Merchandise by Company in its sole discretion. Liquidation value is defined as the value of the Merchandise when it must be sold on an expedited basis.
- One-third (1/3) of the appraised value of the Merchandise according to an appraisal issued by a reputable appraiser within one year prior to the shipment of Merchandise submitted by you to Company.
Company (or the insurer if it is an insured loss) may in its sole discretion, either (a) reimburse you as set forth above, or (b) replace your Merchandise with goods of like kind, quality, and condition.
You agree to and will indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any (A) Transactions with us, (B) any noncompliance with these Terms and Conditions, or (C) the title to, ownership of or lien on any Merchandise offered for sale, sold or purported or arranged to be sold by you to us.
- Compliance with State and Federal Regulations
The Company is licensed in the State of Florida and is governed by Florida law, including without limitation, Chapter 538 §§ 538.31 et seq. Florida law (Fla. Stat. § 538.32(2)), which requires us to obtain, record and, under certain circumstances, verify certain personal information from you in order to process or engage in any Transaction with you. You will receive a Return Card in your Appraisal Kit. You are required to list and describe the Merchandise that you send to us on the Return Card and send the Return Card back to us along with your Merchandise.
In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act and are required to report certain types of transactions to the IRS and/or the U.S. Department of Treasury. Such reporting obligations may include but are not limited to IRS Form 1099-B, Form 8300, or Suspicious Activity Reports. You may be asked for information to help us comply with our AML program and/or applicable reporting requirements and are required to do so in order to complete any Transaction.
We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.
You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.
- Electronic Communications and Signature
You consent to receive communications electronically from the Company and perform any actions, including without limitation consent and signatures, with respect to Transaction, to the fullest extent permitted by applicable law electronically as provided for in the Federal Electronic Signatures in Global and National Commerce Act or any similar state law based on the Uniform Electronic Transactions Act and the parties hereby waive any objection to the contrary.
You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
For purposes of a Transaction, you agree that by clicking to submit on Our Website which relates to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions constitutes acceptance and agreement as if actually signed by you in writing.
You agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls, including the use of automatic dialing systems to your cellular, home or work numbers, as well as any other telephone number you provided.
You may unsubscribe from receiving emails at any time, by calling (888) 465-3860. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.
- Text Messages; Auto Dialed Calls; Consent
If you provide us with your mobile number, you agree that we may contact you using auto dialed or prerecorded message calls and text messages. The purpose of such calls or texts is to more efficiently provide notices regarding your Account or Transaction(s) with us. Standard telephone minute and text charges may apply. We will not use auto dialed or prerecorded message calls or texts to contact you for marketing purposes.
You may revoke your consent by contacting customer service at (800) 220-3500 or by changing your account preferences. You are not required to consent to receive auto dialed or prerecorded message calls or texts in order to use our services.
- Force Majeure
Any time frame set forth above may be extended if Company encounters delays attributable to acts of God, including but not limited to fires, hurricanes, flooding, storms, explosions, infestations, epidemics, pandemics, technical difficulties, other acts of nature beyond our control, or other delays resulting from an inability to access or facilities. Company will notify you if possible, in such an event.
Headings are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision herein shall not affect the validity of the remainder of the provisions.
- Governing Law
All transactions and services with Company shall be deemed to occur in the State of Florida and be regulated thereby, regardless of where you may reside, or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed and enforced in accordance with Florida law and applicable federal law, in accordance with the laws of the State of Florida without reference to or application of Florida's conflict of law principles.
- Waiver of Jury Trial; Choice of Forum
IF ANY CLAIM, ACTION OR LAWSUIT ARISES BETWEEN YOU AND THE COMPANY, YOU EXPRESSLY (A) WAIVE YOUR RIGHT TO A JURY TRIAL; AND (B) CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EITHER THE STATE OR FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum selection.
Company reserves the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after we have posted such modifications or updates, you agree to be bound by the terms as revised.