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1. Introduction

Thank you for choosing to deal with The Gold King and our website www.thegoldking.com.au (‘Gold King’). We value your business and endeavour to bring you the top dollar for your scrap precious metals (the ‘Items’) in the most efficient and expeditious manner. Also, it is our goal to provide you with the utmost in confidence and security when transacting with us. As a result, we have created the following Terms and Conditions to provide you with our assurances and to eliminate, as best as possible, any confusion regarding our business practices.

The terms and conditions contained herein and those described on the business’s website, to be read in combination and referred to herein in their entirety as (‘The Agreement’), shall be binding on each and every customer of King and shall inure in the benefit of Gold King and Gold King’s successors and assigns.

 

2. Requirements for Use

Every customer attempting to sell gold, silver or platinum content items warrants that he or she is at least seventeen (17) years of age in order to sell precious metals to Gold King. In addition, every customer of Gold King must include a copy of valid identification including residential address and contact number as proof that they are the legal owner of the Item(s) been sold, and every customer must be acting on his or her behalf and not as the agent or representative of another person. The customer hereby represents and warrants that all Items the customer sends to us are owned by the customer and that no other person or entity’s permission is required to process the Items purchased by us. The customer agrees to indemnify and hold Gold King, its employees and subsidiaries, harmless from and against any claims brought by a third party claiming ownership of any Items purchased from the customer by us. By shipping your Items to Gold King, you are agreeing to all terms and conditions set forth herein and those described on our website: Thegoldking.com.au

 

3. Lost Items

We have specially designed our GoldPak to ensure the safety and security of the Items during shipping to us. Should we receive damaged, tampered or opened GoldPaks, we shall reserve the right to return the package to the customer without any liability therefore. We do not insure the customer’s Items, such insurance may be purchased by the customer and is available through Australia Post. We do however guarantee the Items properly packaged in our Goldpak and received by us. The guarantee is as follows: In the event that the customer’s Items are lost, despite the customer’s compliance with the shipping and packaging procedures set forth by us, we shall pay you one third of the value of the Items, as supported by purchase and sale receipts, up to the maximum sum of $100 (AUD). The customer hereby understands and agrees that we shall not be liable for any loss in excess of $100 and the customer hereby waives any claims to recover for additional damages resulting from the loss or destruction of their Items. IN THE UNUSUAL EVENT THAT YOUR ITEMS ARE LOST YOUR CLAIM MUST BE SUBMITTED ON OUR CLAIM FORM — WHICH IS AVAILABLE UPON REQUEST. It is our policy to thoroughly investigate lost claims due to mail delays or mistakes. Gold King must wait 45 days prior to remitting payment upon such claims from the date your completed Claim Form and supporting documents are received.

 

4. Limitation of Liability

This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, customer and the customer’s successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to customer’s transaction with Gold King. In no event shall Gold King be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall Gold King be liable to any third party, including any insurance carrier. Gold King shall not be liable for any subrogation claim brought by the customer’s insurance carrier, and, by an item to Gold King; customer expressly and specifically waives any such subrogation claim on his or her behalf as well as on the behalf of his or her insurance carrier.

Gold King’s liability is and shall be expressly and specifically limited to the LEAST of the following sums:

1. The liquidation value placed on the total contents by Gold King in Gold King’s sole discretion.

2. One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to Gold King, which appraisal was issued prior to the shipment of the Items to Gold King; and

3. One –third of the value of the purchase receipts of the Item(s) to a maximum of AU$100.00 dollars.

The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to Gold King or any purchase receipts, Gold King’s liability shall not exceed One Hundred (AU$100.00) Dollars.

Gold King shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting the Items, the customer explicitly and expressly accepts this limitation of liability.

If you believe your Items are worth more than $100.00, we recommend that you insure your shipment for more at your own expense using any carrier you choose. We also strongly advise that you list the contents of your pack on the enclosed brochure, which you must return to us.

 

5. Verbal Offers

Any customer or prospective seller may request Gold King to provide a telephonic or electronic mail quote for his or her Items after such Items have arrived at Gold King’s processing facility. Verbal offers may, at the discretion of Gold King, be recorded. Upon a verbal acceptance by the customer of the telephonic or electronic mail quote, payment will be issued by Gold King within twenty four (24) hours of such acceptance, and the ten (10) days customer satisfaction holding period guaranty (the ‘Holding period’) will no longer be applicable to such transaction.

 

6. Processing Payments

Upon receipt of your Items, Gold King will process the contents for payment. During this process the Items’ value are assessed and payment will be promptly made to you by either of our two payment methods below. We will hold the Items at our processing facility up to ten (10) days from the date the Items are received and payment is made by us. During the Holding period you may return the CHEQUE ONLY and Gold King shall return your Items to you. If we do not receive the returned cheque in the time period stated, the Items will be processed, and the purchase shall be deemed final, binding and irrevocable.

Gold King provides two (2) straightforward payment options of which the customer can choose only one per transaction. If a customer would like to be notified by telephone or electronic mail before the payment is made they must contact Gold King by telephone or electronic mail before sending the Items to us.

1.

Bank account deposit, Gold King will not be liable for any delays in payments that can occur transferring the payment to the customer’s bank account. To avoid delays the customer must make sure to provide Gold King with the correct bank account details. Most payments made using bank transfer will be done the same day that the Item(s) are received unless specified by the customer not to do so. The first time we make a transfer to a new customer’s account it might take up to two (2) working days for the funds to reach the customer’s account. By using Bank account deposit as the method of payment the customer agrees to waive the ten (10) days return policy, and the purchase shall be deemed final, binding and irrevocable.

2.

Cheque, a cheque made to the amount of the Gold King’s offer will be mailed to the customer’s address, it’s in the customer’s right to reject the offer made by Gold King, to do so he or she must contact Gold King by phone or email before ten (10) days has passed since the cheque was delivered. Failing to do so will make Gold King the rightful owner of the Items, and the purchase shall be deemed final, binding and irrevocable.

3.

PayPal, Gold King will not be liable for any delays in payment that can occur when using PayPal as the chosen method of payment, to avoid delays customers must provide the right information of their username or their register email used in their PayPal account. Most payments with PayPal will be done the same day that the Item(s) are received unless specified by the customer not to do so. By using PayPal as the method of payment the customer agrees to waive the ten (10) days return policy, and the purchase shall be deemed final, binding and irrevocable.

 

7. Material Return

If you change your mind about selling your Item(s) or are dissatisfied with the amount of the payment you received, you must notify us immediately. If we do not hear from by telephone or electronic mail within ten (10) days of the date on the cheque we mailed to you, your Item(s) will be melted. You must return the cheque before we will return your Item(s). This time limitation cannot be waived for any reason. Gold King will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. By sending your Item(s) to Gold King the sender agrees that Gold King may charge a ten dollar ($10 AUD) shipping and handling fee to return the Item(s) to the customer when no precious metals were found in the Item(s) or the Item(s) are gold or platinum plated, copper filled, silver filled, wax filled, plastic, or any non-precious metals.

 

8. Return Insurance Liabilities

If Items are returned to a customer, Gold King will guarantee the Items for no more than the amount offered by Gold King regardless of what it was insured for when mailed by the customer to Gold King, unless Gold King is otherwise notified by telephone or electronic mail by the customer prior to the return shipment and the customer agrees to pay for any additional insurance requested. Gold King shall, in its sole discretion, choose the return carrier and receipt verification method for each transaction. In the unlikely event that the customer’s Items are lost, despite Gold King’s compliance with the shipping and packaging procedures set forth by us, we shall pay the customer one third of the value of the Items, as supported by purchase and sale receipts, up to the maximum sum of $100 (AUD). The customer hereby understands and agrees that we shall not be liable for any loss in excess of $100 and the customer hereby waives any claims to recover for additional damages resulting from the loss or destruction of their Items.

 

9. Making a Claim and Waiting Period

A customer who wishes to submit a claim to Gold King must NOTIFY US IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form and necessary attachments must be fully and accurately completed, signed and mailed to Gold King in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE ITEMS WERE MAILD TO GOLD KING may result in the denial of the claim by Gold King. To be able to make a claim the customer must show proof of sending the Item(s), this can be done by sending a copy of the senders receipt given to them by Australia Post. Both parties the customer and Gold King should allow a forty five (45) day processing period from the time the claim form is received by Gold King and the claim is processed.

 

10. Consent to Receive Electronic Mail Communications from Gold King

You hereby grant us the right, from time to time, at our discretion to send you commercial, advertising or informational emails at your email address. You acknowledge that we may rely upon your viewing of the Site as your permission to us to send you such emails. Furthermore, you grant us the right to continue to send you such emails until you specifically notify us that you wish us to stop sending you said emails.

 

11. Entire Agreement

This Agreement contains the entire agreement between the customer and Gold King regarding use of the Site, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Gold King.

You acknowledge this agreement is subject to change by Gold King at any time and changes shall become effective upon posting on the Site or via hyperlink to another Site. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

 

12. Governing Law and Jurisdiction

The Agreement is governed by the laws of Queensland, Australia. The customer submits to the non-exclusive jurisdiction of courts exercising jurisdiction, and waives any right to claim that those courts are an inconvenient forum.

 

13. Counterparts

This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original.

 

14. Precedence

In the event of any inconsistencies or incompatible provisions in The Agreement, The Agreement shall be resolved so that the terms of the agreement prevail to the extent of the inconsistency.