Terms and Conditions

The mygoldmycash.com Web site ("Site") and jewelry buying service ("Service") is owned and operated by Gems of the Web, LLC ("we", "us" or "our"), a Georgia limited liability company.. These Terms and Conditions govern your use of both the site and the service.

1. Requirements for use. By using the Site or Service you certify that you are:
   • (a) At least 21 years of age; and
   • (b) Are providing truthful and accurate contact information; and
   • (c) Are not violating any applicable law with regard to your use of the Site or Service; and
   • (d) That you are the sole legal owner of the jewelry you are attempting to sell.
   We may request documentation to verify these requirements. You expressly warrant that you have full authority to engage in this transaction and agree to indemnify and hold us harmless from and against all claims (including reasonable attorneys’ fees and court costs) related to the ownership of any item that you attempt to sell us.
2. Free Refiner’s Return Pack. If you have not received one already, you can request a free Refiner’s Return Pack on our site.
3. Guarantee against Loss in Transit. We will insure the items you send us against loss in transit only if you use the packaging materials provided in your Refiner’s Return Pack. We will insure your items for a maximum of $100 or one third of the appraised value of the lost contents, whichever is less. If you believe your items are worth more than $100, or you do not have an independent appraisal of your items, you are advised to purchase insurance from the Post Office for the full value that you believe your items are worth. You also have the option of sending us valuable or fragile items in your own packaging, but you must pay the full postage and insurance costs associated with doing so. Only items mailed in our postage-paid Refiner’s Return Pack are insured for up to $100. We reserve the right to reject delivery of any envelope that appears to be damaged, opened or tampered with, and will return these envelopes or packages to you by USPS. We will have no liability for these packages.
4. Liability after Arrival. After we have received and accepted delivery of your items, our liability will be limited to $5000 or one-third their combined appraised value, whichever is less, while the items are in our custody. If you do not have in independent appraisal of your items, we will determine their value at our sole discretion, and in no case will our liability exceed $5000. You will be notified of our acceptance of your items when you track the status of your Refiner’s Return Pack on our Web site.
5. Requesting a Quote. If we have received and accepted your items and if you would like to receive a quote instead of automatically receiving payment for your items by check or direct deposit (My Express Cash), please include a note with the package that you send to us requesting a quote. We will provide you a quote by email prior to issuing payment. If you do not respond within 10 days of the date we transmit the quote to you, your items will be mailed back to you at no charge per our Returned Items policy.
6. Payment and Return Option.
   • (a) Payment. After we receive and accept your items, we will appraise them. Unless you’ve requested a quote as provided in §5, we will issue a check as payment for your items or make payment by direct deposit if you chose My Express Cash. If you do not choose payment by direct deposit, then we may determine the manner of payment to you in our sole discretion.
   • (b) Returns.
     • i. If you received payment by check and would you like your items returned, you must call our customer service at 1-877-936-GOLD within 10 days of the date on the check and notify us that you want your items returned. If we receive your call within that10 day period you will have an additional 10 days from the date of the call to return the check to us at the address printed on the check. If we receive our check back within that timeframe, we will mail your items to you without charge by USPS within 10 days of the receipt of the check.
     • ii. If you negotiate our check, or do not contact us by phone within 10 days of the date printed on the check, the transaction will be final and you will not receive a return of your items. If you contact us by phone within 10 days of the date printed on the check and we do not receive our check within an additional 10 days of the date you contact us, the transaction will be final and you will not receive a return of your items. After the transaction is final, the items will be melted and/or sold to a third party and we will no longer be able to return them to you.
     • iii. When we return items to you, we will insure the items for their value as determined by our offer to you. If we did not make an offer to you we will determine their value for insurance purposes in our sole discretion. We will not insure any items that we value at $20 or less. If you wish your items to be insured for a higher amount than our valuation, you must notify us in writing before we ship the items to you. You must send us a US Postal Money Order for $20 (this amount may change without notice) to cover insurance and administrative costs. You must also specify the amount you want your items insured for (up to a maximum of $5,000).
7. My Express Cash. If you elect to receive payment by My Express Cash (direct deposit to your bank account instead of a check), please include a voided check with your items. There is no charge for this service but NOTE THAT BY CHOOSING MY EXPRESS CASH YOU WAIVE THE 10-DAY RETURN POLICY SET FORTH IN §6 your transaction will be final upon our initiating the ACH transfer to your bank account. The items will be melted and/or sold to a third party and we will no longer be able to return the items to you.
8. Claims. In order to submit a claim for items lost in transit to us, you must call customer service immediately at 1-877-936-GOLD to notify us that you believe the items are lost and request a claim form. You must fill out the form completely, sign it, and return it to us at the address specified on the form within 30 days. Failure to properly complete, sign and/or mail the form, or to provide sufficient proof that the items were mailed to us will result in our denying your claim. There will be 30 day period from the time we receive your claim form until we process it. The maximum payment for items lost in transit to us is $100 or one third of the appraised value of the lost contents, whichever is less. If you do not provide us with an original purchase receipt for the item or items or written third party appraisal (issued prior to the date you mailed the item to us), the value of your items for the purpose of a claim will be $30.
9. Privacy policy. Our privacy policy is posted at http://www.mygoldmycash.com. We reserve the right to collect and store the IP address of any computer accessing our site. By using the site you also consent to the recording of any telephone calls made to us. We may, at our sole discretion, share information about your transaction with law enforcement agencies.
10. No subrogation. We will not be liable for any subrogation claim brought by your insurance carrier. You waive any subrogation claim on behalf of your insurance carrier.
11. Choice of law. These terms and conditions are governed by the laws of the State of Washington without consideration of Washington’s conflicts of law. You agree by using the site or service that any lawsuit related to the site or service must be filed in the King County Superior Court for the State of Washington. If any of these terms and conditions are found to be invalid by a court of law, the other terms and conditions will remain in full force and effect.
12. Time to file. Regardless of any statute of limitations that may apply, you must file any claim related to the site or service no later than one year after the claim arose, otherwise these claims will be forever barred.
13. Disclaimers. The site and service is provided “as is” without warranty or conditions of any kind, except as provided by these terms and conditions. You agree that your use of the site will be at your sole risk. We disclaim all warranties, express and implied, including, but not limited to, warranties of fitness for a particular purpose or merchantability, in connection with the site and service. We make no representations or warranties about and assume no liability for any unauthorized access to our use of our computers or financial information stored on them or bugs, viruses, and the like which may be transmitted to or through the site by a third party.
14. Limited Liability and Liquidated Damages. In no event shall we be liable to you or any third party for any indirect damages including lost profits or damages from your use of the site or the content on the site. Notwithstanding the above terms and conditions, our liability to you with respect to any loss or damage suffered by you or any third party arising out of this agreement shall not exceed the lesser of the following: (A) one-third of the appraised value of the jewelry that you send to us, as established by an independent certified appraiser prior to the time you shipped the jewelry to us; or (B) $100.
15. Attorney’s Fees and Costs. In any controversy, claim or dispute arising out of or relating to this Agreement or the method or manner of performance thereof or the breach thereof, the prevailing Party shall be entitled and awarded in addition to any other relief, its attorneys' fees.
16. Entire Agreement. This Agreement contains the complete agreement of the Parties regarding the subject matter herein and supersedes any prior understanding or verbal or oral agreement on any matter which is the subject of this Agreement.
17. Computation of Time. In computing any period of time provided for in this Agreement the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday. For purposes of this Agreement, legal holidays are those prescribed by the laws of the State of Georgia . For periods of time which are five (5) days or less, Saturdays, Sundays and legal holidays shall not be included in such period.
18. Severability. If any term, provision of this Agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
19. Terms and Conditions Subject to Change. We may revise or change the terms and conditions contained herein at any time.