The terms "you" and "your" refer to the person or entity offering an item(s) for purchase and/or sending any 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 accessing or using Our Websites, request an Quick Cash Kit and providing us with your personal information (collectively hereinafter referred to as "Transaction"). "We", "our", and "us" refer to Company (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors and assigns.
2. Description of Your Merchandise
You will receive a Customer Return Card in your Quick Cash Kit. You are required to list and describe the Merchandise that you send to us on the Customer Return Card and send the Card back to us along with your Merchandise.
3. Shipping Your Merchandise
Except for Merchandise sent to us using a Company generated pre-paid shipping label, we will have no liability for any Merchandise while in transit or otherwise in the possession or custody of any party other than us, including, without limitation, any common carrier (i.e., FedEx, UPS, USPS etc.) or delivery service ("Carrier"). If you decide to arrange for your own shipping, you shall be solely responsible for shipping costs and any related insurance and assume any and all risk of loss for your Merchandise. You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
Weight and Size Restrictions Policy
If you use the packing materials we provide you and your package weighs more than 10 pounds, or if you choose to use your own packing material and the dimensions of your package are larger than 12x2x15 or it weighs more than 10 pounds, you must contact 630-492-1628 and request approval prior to shipping your package. If you fail to receive approval, we will have no liability for any Merchandise while in transit and you will be responsible for any return shipping costs.
4. Loss Guarantee and Insurance
If you send us Merchandise using a Company generated pre-paid shipping label and obtain a receipt and tracking number from a staffed FedEx location or a FedEx driver, we guarantee your package, whether sent to or from the Company, against loss or damage up to the lesser of either the fair market value of your Merchandise as determined by us in our sole discretion or $1,000.
If you believe your Merchandise has been lost or damaged, you must file a claim with us within 15 days of the date the Merchandise was sent. To file a claim you must have your FedEx receipt and tracking number; please email firstname.lastname@example.org or 630-492-1628
In the event of a loss, we (or the insurer if it is an insured loss) will in our sole discretion, either (a) replace your Merchandise with goods of like kind, quality, and condition or (b) reimburse you up to the fair market value of the Merchandise.
5. Valuing Your Precious Metals Merchandise
We base our pricing off the current daily commodity price of gold bullion and that price fluctuates daily so we need to see your gold first before we can make you an offer but as an example, just a few common items like a necklace, bracelet and earrings can be worth hundreds or even a $1,000 or more. As a leader in consumer gold buying, we buy such a large volume of gold so we are able to pool it and sell it for the highest price possible and we skip the middleman. That allows us to pay you the MAX for your gold. We’re proud of our A+ rating with the Better Business Bureau which is why over hundreds of thousands of people have sold their gold to GoldMax since 2008! Receiving an offer is easy and risk free, and if you decide you don’t want to sell it, we’ll gladly ship it back to you at no cost to you. Get the MAX for your gold at GoldMax!
6. Accepting Our Offer
After our determination of the amount of our offer for your Merchandise, we will notify you of the offer by sending you (A) an email and text message (B) provide an offer via telephone, if we can not get ahold of you. You must accept our offer within six business days or, for your convenience, we will deem the offer accepted and issue payment to you according to the method you selected. After a customer's acceptance of an offer all purchases will be deemed final.
7. Rejecting Our Offer
Please call 630-492-1628 to reject your offer. We will need to confirm the return address on your account to ensure the safe delivery of your items. In addition, we reserve the right to make a new offer or return your Merchandise to you in accordance with our Return Policy.
8. Return Policy; Satisfaction Guarantee
If you reject our offer, you must call us at 630-492-1628 so that we may confirm your return address to ensure your items are returned to you safely and securely. We will then return your Merchandise to you via the Carrier of our choosing at our expense (unless package exceeds weight and size restrictions, see paragraph 3). 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. 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. The customer acknowledges and provides Goldmax with express permission to test the product to determine the value and authenticity of the product. Such tests may cause damage to the product and the customer expressly waives any liability against Goldmax for any such damage. However, Goldmax will do it’s best to minimize any such damage to the product while testing such product.
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 60 days of the date we first attempted to mail your Merchandise back to you.
You can select one of the following methods of payment for your Merchandise ("Payment"):
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 items, 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.
10. Limitations 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.
11. Electronic Communication and Signature
You consent to receive communications electronically from the Company. Specifically, 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 and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, auto dialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.
If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. 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 on or selecting a button or icon on Our Website, relating to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.
12. 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 the lesser of the fair market value of your merchandise as determined by us or $1,000 per transaction. You agree and understand that we will not be liable for (a) any monetary, 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 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. We expressly disclaim all warranties, representations or guarantees, whether express or implied, that are not expressly stated herein. Except as expressly provided herein, we disclaim all, and will not have nor assume any liability, whether arising in connection with a transaction, the use of our service, our website(s) or any materials provided by us, the loss of any merchandise, or for any other reason, including, without limitation, our own intentional, accidental or negligent acts or omissions.
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.
14. 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 and transfer said Merchandise; (4) you are the actual legal owner of any and all Merchandise offered to be sold to us; (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, liabilities, and adverse claims of every nature and description whatsoever; (7) your description of the Merchandise in the shipping materials you provide to us is accurate and complete; (8) your possession of the Merchandise is not from, or the result of, illegal activity in this country or any other country; (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 foregoing, the Merchandise or the Transaction.
15. Compliance with State and Federal Regulations
The Company is required to obtain and verify certain personal information from you in order to process or engage in any Transaction with you. Such information includes your name, address, telephone number, email address, driver's license number and issuing state or other government issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver's license number or other government-issued identification number and other identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise.
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 you within 5 business days via the shipping method of our choice.
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.
16. Auto Dialed Calls and Text Messages
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.
17. Your Choices
You do not have to consent to receive auto dialed or prerecorded message calls or texts in order to use our services. Although the Company is required to obtain your consent for such communications, you may revoke your consent by contacting customer service at 630-492-1628 or by changing your account preferences.
18. Governing Law
All transactions and services with Company shall be deemed to occur in the State of Illinois and be regulated thereby, regardless of where you may reside, be situated or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed and enforced in accordance with Illinois law and applicable federal law, in accordance with the laws of the State of Illinois without reference to or application of Illinois’ conflict of law principles.
19. Choice of Forum and Consent to Jurisdiction
if any claim, action or lawsuit arises between you and the company, you consent and submit to the exclusive jurisdiction and venue of either the state or federal courts located in COOK county, ILLINOIS 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.
20. ARBITRATION/CLASS ACTION-JURY TRIAL WAIVER/DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via 630-492-1628. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
i. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
ii. claims that arose before these or any prior Terms became effective;
iii. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
iv. claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "GoldMax,” “Company,” "you," “we” and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
b. A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: 1314 Kensington #4868, Oak Brook, IL 60522. Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at: http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.
(There is a separate form for California residents, also available on the AAA's website at: http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 .)
c. After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $300, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
d. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the "AAA Rules"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.
e. Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
f. If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 ("the Alternative Payment"), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment"). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
g. The right to attorney's fees and expenses discussed in paragraph (f) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, we will not seek such an award.
h. The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
i. If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
j. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
k. Notwithstanding any provision in these Terms to the contrary, either party may bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these Terms.
Any time frame set forth above may be 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 weather events.
Headings in these Terms and Conditions 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 of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
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.
22. 10% bonus on Gold and other jewelry
GoldMax’s policy is to provide our clients with the most competitive price for their qualified gold and other jewelry. Simply call in and you will receive a 10% Bonus and we will purchase your gold and other jewelry for 10% off our standard written offer price. 10% Bonus is available only to first time GoldMax customers and is not available to any wholesale or retail dealers. Coins, ingots, diamonds and watches are not qualified jewelry. 10% Bonus cannot be combined with any other GoldMax offer or pricing adjustment. GoldMax reserves the right to terminate the 10% Bonus and/or modify the policy terms and conditions at any time in its sole discretion. Void where prohibited by law.