Terms and Conditions This document is our terms and conditions for using our services and our website. You or Your: refers to You as the visitor of our website, or customer, or any other individual who may become responsible for You legally and may assert a claim relating to our services, wherever used in the body of these terms and conditions. We or Our or Us: refers to Pulsinn Limited. We or Our or Us also refers to any entity that we may choose to assign our rights to at our sole discretion, wherever used in the body of these terms and conditions. Pulsinn Limited is responsible for the services and underlying business and commercial activities relating to our website as well as any transactions that may arise such as sale or purchase of Your property. Website: refers to the website owned and operated by Pulsinn Limited, using the service-marked names of GoldBank.eu and Gold2Euro.com. These terms and conditions are legally binding on you as a customer in relation to the potential assessment and sale of any items which you send to Us. 1. Requirements for Use You warrant to Us that:
1.1 you are at least eighteen (18) years of age;
1.2 you are resident in the European Community or the European Economic Area in a country where we offer our services;
1.3 you are an individual who under this contract is not acting for the purposes of your trade, business or profession;
1.4 you have good and marketable title to the Property;
1.5 the Property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever;
1.6 the Property is not from, or the result of, illegal activity in any country;
1.7 any transaction initiated by you will not cause Us to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of any country;
1.8 you are the actual legal owner of and have full authority to sell the Property to Us and we may, but shall not be required to, ask you to provide documentation or other proof of such ownership); and
1.9 you are acting on your own behalf and not as the agent or representative of another person.
2. Shipping and Insurance 2.1 All Property sent to Us by you must be sent under our prepaid courier shipping lable or by a carrier that employs a system whereby your shipment can be traced. The tracking applications of third party carriers such as FEDEX will be the sole proof that the Property was sent to Us. We also strongly advise that you provide the number of items on the customer form which you must return to us. 2.2 In the event you use our prepaid shipping lable, the Property will be insured for five hundred euro (EU500) if carried by FEDEX. You must hand in the items with the prepaid shipping lable at a FEDEX service desk or to your collection driver to get a signed receipt as proof of delivery and to be covered by the pre-paid insurance. If you wish to insure your Property for more than five hundred euro, you must do so at your own expense. 2.3 In the event you use your own packaging rather then the prepaid shipping lable, you must insure your Property with the carrier for its full value and if it is lost or stolen prior to reaching Us you must make a claim against the carrier. 2.4 We reserve the right to reject delivery of any package which appears to be damaged, opened, or tampered with on delivery. Any such item will be returned to you without any liability to Us.
3. Precious Metals, Possible Damage to your Property, Precious and Semi-precious Stones, Costume Jewellery and Hazardous Materials 3.1 Precious Metals:
We purchase precious metals such as second hand jewellery for refining, not for resale. Prices are based solely on the weight and carat grade contained in the jewellery, not on its potential value if resold intact. The prices we offer may therefore be lower than the resale value if sold intact. 3.2 Possible Damage to your Property:
By sending us your Property, you accept that the process of determining a value may involve placing certain acids on the gold or platinum and this can leave permanent staining and/or deep scratches. You also accept that non-precious metal parts including but not limited to stones or watch-glasses may be destroyed and are not recoverable if you decide not to accept our valuation of your goods pursuant to section 6.1 3.3 Precious and Semi-Precious Stones:
We do not purchase precious or semi-precious stones; therefore, you must remove any precious or semi-precious stones from your Property prior to shipping of your Property to Us. We will not be held responsible for loss or damaged precious or semi-precious stones contained in your Property that is sent to us for valuation. 3.4 Costume Jewellery:
We do not purchase costume jewellery or items not containing precious metals. We will inform you, after assessment if the Property does not contain precious metals. Please note that items not containing precious metals will not be returned by Us, except if you request these items be returned to you at your expense on the customer form or within 24 hours when you are informed that the Property does not contain precious metals. In such case, We will charge a ten euro (10) fee to cover return postage and processing in order to return any Property not containing precious metals to you. You need to send a pre-payment of ten euro (10) to us, before your Property is returned to you. In case we buy the precious metals parts of your Property, the ten euro (10) fee will be deducted from you payment. If you are unsure whether your Property contains precious metals you can refer to the “What we buy” link on our website. 3.5 Hazardous Materials:
You agree not to send in any hazardous materials irrespective of how they are contained or presented especially those containing: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other toxic elements.
4. Limitation of Liability 4.1 We will not be liable for loss or damage caused to your Property as described in clause 3, save where caused by our negligence. 4.2 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability. 4.3 We are not responsible for indirect losses which happen as a side effect to the main loss or damage, including, but not limited to;
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
However, this clause 4.3 does not prevent claims for foreseeable loss of, or damage, to your physical property. 4.4 Without prejudice of any other of these conditions, any liability by Us to you shall be limited to the unwrought value by weight of the metal comprised in the Property (“unwrought” means the metal in its native state, before being worked on).
4.5 4.5. If you wish to submit a claim for loss or damage to your Property to Us, you must notify us to request a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Us in accordance with the instructions.
5. Processing of Transactions 5.1 Once your Property has been received by Us, your Property will be assessed and a payment will be issued to you within twenty-four (24) hours of such assessment via the method you have selected (cheque or bank transfer). We will send you a notification by email confirming that we want to buy the Property from you and the amount of your payment on the payment issue date (the “Notification”). 5.2 Items are delivered to Us five (5) days per week, Monday through Friday, 9am until 5pm, exclusive of UK bank holidays or weekends. In the event the twenty-four (24) hour period referred to above would extend into a weekend or holiday, your Property will be processed and payment issued the first business day following the holiday or weekend. The twenty-four (24) hour period does not include the time it takes for your payment to be delivered to you. 5.3 The payment for your Property will include VAT.
6. Cancellation and Return of Property 6.1 If you decide not to accept our valuation, simply contact us via phone or email within 24 hours of receiving our offer. Failure to do so might result in the processing of your Property and once processed, the Property cannot be recovered. Should our payment already have been sent to you but Property not yet been processed, we will set it aside pending you promptly returning our Payment via the method you have received it (the original cheque or bank transfer) with your name and order number as a reference. Please be aware that it may take up to five working (5) days for the payment to reach us. 6.2 We will return your Property within thirty (30) days of the date on which you notify us that you do not accept our valuation under clause 6.1. 6.3 Once you cash your cheque, you cannot cancel the sale of your Property persuant to clause 6.1
7. Ownership and Risk 7.1 Ownership of the Property will only pass to us once the payment is received by you. 7.2 If the Property is lost before it is valued and you wish to make a claim against Us, you will need to provide evidence of the value of the property. We strongly advise that you take a photo of your Property before sending it to us.
8. Return Insurance Liability
Unless you have notified us otherwise either via phone or email, prior to the return of your Property, and you agree to pay for any extra insurance, any Property valued at the equivalent liability will be limited to the lesser of the following:
A) 33% of the certified appraised value of your items that has been appraised within the past 30 days. We reserve the right to verify the appraisal certificate/document with a third party.
B) 33% of the wholesale value of your items. c) The sum of one hundred Euros (€100)
9. Choice of Law
These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
10. Waiver
Our failure to exercise or enforce any right or provision of the terms and conditions will not be deemed to be a waiver of such right or provision.
11. Severability
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12. The Contracts (Rights of Third Parties) Act 1999
A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13. Assignment
We may transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
14. Change of Terms and Conditions 14.1 We reserve the right to change these terms and conditions from time to time and advise you to revisit our websites, Goldbank.eu and Gold2Euro.com, periodically to ensure that you are aware of our current terms and conditions. 14.2 You will be subject to the policies and terms and conditions in force at the time that you sell your Products to us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority. |