Terms & Conditions

The terms and conditions below are legally binding on you as a user of the MYGOLDPARTY.COM Web site and/or as a customer of MY GOLD PARTY, LLC d/b/a MY GP, LLC("My Gold Party") and inure to the benefit of My Gold Party and its successors and assigns.

You must be at least twenty-one (21) years of age to order a Scrap Box, send My Gold Party your gold, jewelry or other property or to otherwise conduct business with My Gold Party. In addition, you must be (and, by using aScrap Box or sending property to My Gold Party, 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 My Gold Party and acting on your own behalf and not as the agent or representative of another person, unless specifically authorized in writing. My Gold Party may request documentation or other proof of compliance with these requirements.

 

You intend to be legally bound by these terms and conditions.

 

You agree to and will indemnify and hold harmless My Gold Party from and against all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien of any item sold or purported to be sole by you to My Gold Party.

If there is a loss of the contents of aScrap Box that you properly shipped to My Gold Party in accordance with the instructions and procedures set forth in theScrap Box, My Gold Party will guaranty you against such loss subject to the following terms and conditions.

 

 

In addition, if you do not provide My Gold Party with an original sales slip or appraisal (issued prior to the date of shipment to My Gold Party) for the lost contents, the value of your contents will be liquidation value, and My Gold Party's liability will be limited to One Hundred ($100.00 Dollars. If you provide an original sales slip or such appraisal, the value or your contents will be based on such sales slip or appraisal, and My Gold Party's liability will be limited to One Thousand ($1000.00) Dollars (USD).

 

You expressly acknowledge and agree that if you do not provide a sales slip or appraisal that was issued prior to the contents being submitted to My Gold Party, My Gold Party's determination of value shall be conclusive and binding.

 

Without limiting the foregoing, this guaranty will apply only to property shipped in the Scrap Box packaging supplied by My Gold Party.My Gold Party 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. or Canada Mail. My Gold Party will have no liability to you for any such attempted delivery or return of any such items.

Except as expressly provided in these terms and conditions, My Gold Party will have no liability to you whatsoever, whether arising in connection with your use of the MYGOLDPARTY.COM Web site, a Scrap Box, loss of gold, jewelry or other property or for any other reason, including, without limitation, My Gold Party's own acts or omissions. In no event will My Gold Party's liability to you exceed One Thousand ($1000.00) Dollars (USD). My Gold Party will not be liable to you for any damages, including, but not limited to, incidental, consequential, punitive, or loss of profit or opportunity, other than as expressly set forth in these terms and conditions.

In order to receive a loss guaranty payment or other remuneration from My Gold Party, you must submit a claim to My Gold Party on the claim form provided by My Gold Party. Such forms are available on request. You may submit a claim form any time after at least sixty (60) days after the date of mailing your Scrap Box. My Gold Party will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to My Gold Party in accordance with the instructions on the claim form. You must submit all supporting documentation with the completed and signed claim form. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by My Gold Party of your claim.

 

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 My Gold Party. In no event will My Gold Party be liable to any third party, including any insurance carrier. My Gold Party will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or Scrap Box to My Gold Party, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.

After My Gold Party's processing facility receives and appraises your items you will receive an email with the offer for such items. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction and payment will be issued promptly by My Gold Party and you will not have the opportunity to return your check and receive a return of your items from My Gold Party. If you do not wish to accept the offer, you must email or call My Gold Party at 1-888-44-MYGOLD to provide notice of your non-acceptance. My Gold Party will then return your items to you at no additional charge.

My Gold Party will insure any item returned to you with a value, as determined by My Gold Party, in its sole discretion regardless of whether and in what amount it was insured for when mailed by you. My Gold Party will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, My Gold Party will have no liability whatsoever in connection with the return of any item to you.

 

These terms and conditions, and all Scrap Box transactions, will be governed by the laws of the State of Michigan, USA without regard to its conflict of law provisions. My Gold Party'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 Scrap Box or otherwise with My Gold Party 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 State of Michigan. My Gold Party 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 State of Michigan, USA, including, but not limited to, attorney fees incurred by My Gold Party.