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Terms and Conditions This document comprises the Terms of Use Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, ("You") the user to our site Ezsellgold.com or any person or entity who uses our services, hereinafter referred to as the "EZ Sell". EZ Sell Gold Inc. serves as the owner and operator of this site and provider of the services offered by this site and the sites underlying business and commercial activities. General Information We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement. Requirements For Use You must be at least eighteen (18) years of age to order a Gold Safe, send EZ Sell your gold, jewelry or other property or to otherwise conduct business with EZ Sell. Additionally, by using a Gold Safe or sending property to EZ Sell, 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 EZ Sell and acting on your own behalf and not as the agent or representative of another person. EZ Sell may request documentation or other proof of compliance with these requirements. Guaranty Against Loss / Limitations of Liability EZ Sell assumes no liability for loss or damage of items in transit. Only upon receiving the items in a sealed mailing envelope or a Gold Safe does EZ Sell assume liability for the contents. By submitting the item, the customer explicitly and expressly accepts the limitations of liability. Without limiting the foregoing, this guaranty will apply only to property shipped in Gold Safe packaging supplied by EZ Sell. EZ Sell 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. EZ Sell will have no liability to you for any such attempted delivery or return of any such items. Claims Procedures In order to receive a loss guaranty payment or other remuneration from EZ Sell, you must write a letter to EZ Sell corporate headquarters within thirty-days of sending the Gold Safe. EZ Sell will not accept or process your claim unless you sent the package in accordance with the instructions enclosed with the Gold Safe. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by EZ Sell of your claim. Binding Effect 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 EZ Sell. In no event will EZ Sell be liable to any third party, including any insurance carrier. EZ Sell will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or Gold Safe to EZ Sell, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier. Verbal Offers You may request EZ Sell to provide a telephone or e-mail quote for your items after such items have arrived at EZ Sell’s processing facility. Such offers may, at the discretion of EZ Sell, be recorded. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment will be issued by EZ Sell within eight (8) hours minimum and twenty-four (24) hours maximum and you will not have the opportunity to return your check and receive your items back from EZ Sell. Return Insurance Liability Limitation EZ Sell will insure any item returned to you with a value, as determined by EZ Sell in its sole discretion, of $15.00 or more at the amount of two (2) times such value (regardless of whether and in what amount it was insured for when mailed by you). EZ Sell will not insure any item with a value of less than $15.00. EZ Sell will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, EZ Sell 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 Gold Safe transactions, will be governed by the laws of the Commonwealth of New York without regard to its conflict of law provisions. EZ Sell’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 Gold Safe or otherwise with EZ Sell 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 Commonwealth of New York. EZ Sell 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 Commonwealth of New York, including but not limited to, attorney’s fees incurred by EZ Sell. Method of Payment You can select one of the following methods of payments for your Settlement on EZ Sell:
If you fail to select a method of payment, then you will receive a company check. 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 direct deposit into your PayPal™ account or wire transfer into your bank on EZ Sell request gold safe, 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 EZ Sell 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 smelting and refining. You further acknowledge and agree that if you had selected payment by company check on EZ Sell request Gold Safe form instead of by direct deposit, you would have had a right to a return period as specified above. Foreign Usage We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (U.S.A.). Privacy Policy EZ Sell takes your privacy seriously. EZ Sell makes this Web site available to consumers who are interested in obtaining information regarding obtaining cash for their scrap gold or jewelry. Please read the following to learn more about our privacy policy. By visiting this website, you are accepting the practices described in this Privacy Notice. This policy covers how EZ Sell treats personal information that EZ Sell collects and receives; including information related to your past use of EZ Sell products and services. Personal information is information about you that is personally identifiable like your name, address, email address, IP address, or phone number, and that is not otherwise publicly available. Unless as otherwise described in this privacy policy, EZ Sell will never share or rent your personal information. Confidentiality and Security EZ Sell treats all personal information in a confidential manner based on the highest ethical standards. We will not share your personal data or information with any individual or organization without your prior authorization. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. If you wish to change, update or delete the personal information you have submitted to us, please send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your request. |
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