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Terms and Condition:
| and condition set forth hereunder. Requirements For Use Every customer must be at least twenty (20) years of age in order to conduct business with cash4gold makigold. In addition, every customer must be the actual legal owner of any and all gold,jewelry,and other property sold or attempted to be sold to cash4gold makigold, and every customer must be acting on his or her own behalf and not as the agent or representative of another person. The customer warrant and expressly declare under penalty of civil and criminal laws that the customer is the absolute owner of the property offered for sale to Cash4Gold Makigold. The customer agree will sell only scrap gold or unwanted gold jewelry and not sell custom made jewelry and/or jewelry with sentimental value. CASH4GOLD CORPORATION dba MAKIGOLD is licensed to do business in the State of Hawaii and is governed by the laws of the State of Hawaii. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST CASH4GOLD MAKIGOLD MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN HONOLULU COUNTY, HAWAII, USA 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. You agree any dispute arising out of or relating to your use of this website shall be conclusively resolved by arbitration and mediation in the state of Hawaii, and any judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The law of the State of Hawaii, U.S.A., without regard to its conflict of law rules, shall govern the resolution of any dispute relating to or arising out of your use of this website. By using this website you agree to hold harmless Cash4Gold Makigold, its directors, officers, agents and employees, from and against any and all claims, costs, expenses, and damages (including attorney's fees) arising out of or related to your access to this website. Guaranty Against Loss Cash4Gold Makigold will guaranty against loss of the total contents which are shipped to us. Liability will be limited to one-third (1/3) of the value of the total content, or Ninety ($90.00) Dollars, whichever is less. If there is no original sales slip or appraisal, Cash4Gold Makigold liability will be limited to Twenty ($20.00) Dollars. If there is an original sales slip or appraisal the liability will be limited to Ninety ($90.00) Dollars as set forth herein above. This Guaranty shall apply only to merchandise which are shipped with US Postal Service, UPS or Fedex. Cash4Gold Makigold reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and will be returned to the customer. Cash4Gold Makigold shall have no liability to any customer for any such attempted delivery or return of any such items. Waiting Period For A Claim A customer who wishes to submit a claim Cash4Gold Makigold must wait at least ninety (90) days before submitting a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Cash4Gold Makigold in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form will result in the denial of the claim. Limitation Of Liability This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, the 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 Cash4Gold Makigold.. In no event shall Cash4Gold Makigold be liable to any third party, including any insurance carrier. Cash4Gold Makigold shall not be liable for any subrogation claim brought by customer’s insurance carrier, and, by submitting an item to Cash4Gold Makigold, 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. Cash4Gold Makigold 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 Cash4Gold Makigold in Cash4Gold Makigold's sole discretion; 2. One fifth (1/5) of the appraised value of the contents according to an appraisal submitted by a customer/seller to Cash4Gold Makigold, which appraisal was issued prior to the shipment of the item to Cash4Gold Makigold; and, 3. The sum of One thousand ($ 1,000.00) Dollars. The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to Cash4Gold Makigold, Cash4Gold Makigold's liquidated value shall be conclusive and binding and further, that in no event shall Cash4Gold Makigold's Liability exceed Two Hundred ($200.00) Dollars. Cash4Gold Makigold 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 item, customer explicitly and expressly accepts this limitation of liability IF YOU BELIEVE YOUR GOLD,JEWELRY OR OTHER PROPERTY IS WORTH MORE THAN $100.00, WE RECOMMEND THAT YOU INSURE YOUR SHIPMENT FOR MORE AT YOUR OWN EXPENSE USING ANY CARRIER YOU CHOOSE. Mailing Cost Refund Mailing cost refund shall be limited to the United States Postal Office fee on Registered Mail with tracking number and mail insurance $100 value Verbal Offers Any customer seller may request Cash4Gold makigold to provide a telephone or e-mail quote for his or her items after such items have arrived at Cash4Gold makigold’s processing facility. Verbal offers may, at the discretion of Cash4Gold Makigold, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by Cash4Gold makigold within twenty four (24) hours of such acceptance, and the (14) day customer satisfaction holding period guaranty will no longer be applicable. Return Insurance Liabilities Customers offering merchandise for sale to Cash4Gold makigold understand and expressly accept and agree that they will be offered the fair market wholesale value for such items. If an item is returned to a customer, Cash4Gold Makigold will insure the item for no more than twice the amount offered by Cash4Gold Makigold regardless of what it was insured for when mailed by the customer to Cash4Gold makigold unless Cash4Gold Makigold is otherwise notified by e-mail or fax by the customer prior to the return shipment. Cash4Gold makigold shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Choice of Law, Waiver, and Claims This Agreement shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. Cash4Gold makigold's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 provisions of this Agreement 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 Services 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 Hawaii. Cash4Gold Makigold shall 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 Hawaii, including but not limited to, attorney’s fees incurred by Cash4Gold Makigold. Payment Options For your convenience, Cash4Gold Makigold offers the following forms of Payment (fees will be deducted from your total): 1) As a credit to your Cash4Gold makigold account which may be used as payment towards future transactions. There is no fee for this option. 2) Payment in the form of a check, sent by regular mail at no additional cost. 3) PAYPAL Payment. There is no fee for this option. Provide us your PAYPAL Account Email address. 4) Payment by MoneyGram, XOOM, Western Union a transfer fee is collected. 5) Payment in the form of a check, sent by FedEx (1 to 2 business days). A $20.00 US courier fee will be deducted from your total for this option. 6) Payment in the form of a bank wire. There is a $40 US service fee for USD and CAD bank wires. A maximum of $145 US service fee is applicable for GBP and Euro bank wires. Any bank wire fees will be deducted from your total. 7) Payment in the form of a bank draft (for Euro and British Pound orders only). A $15.00 US bank draft fee will be deducted from your total for this option. Due to new Anti-Money Laundering legislation and the Patriot Act in the United States and recognized worldwide, Cash4Gold makigold can no longer send or receive third-party payments. Payments can only be sent to individuals listed in your Cash4Gold Makigold account. 14 Day holding period By selecting the Cash4Gold makigold RapidCash 24 hour for immediate payment, you agree that you waive the 14-day holding period and return policy for all material. The transaction is immediately final. The following are RapidCash 24 hours payment ACH deposit, bank deposit to your account, MoneyGram payment or other method of electronic payment. Hawaii Residents are encourage come and visit the Sales Office at 1886 North King Street, Honolulu, Hawaii 96813 to claim your check and claim SURPRISE GIFT. The 14 day holding period is good for US postal registered mail with return card Check Payment only. Material Return If for any reason you are unhappy in any way with the payment you received please return your check within 10 days of the date on the check and we will return your material. No questions asked! That we guarantee! A $30.00 shipping and handling charge will apply for all material returned to the customer. |
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