Legal Terms and Conditions

Terms

In the Terms and Conditions set forth below, the terms “you” and “your” refer to the person or persons sending gold, platinum, silver and diamond jewelry, or other precious metals (hereinafter referred to as “Merchandise”) to GoldFellow^®, LLC (“GoldFellow”) for sale and purchase (hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to GoldFellow^® and its successors and assigns.

By sending your Merchandise to us, YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY.

Our Goal

Our goal is to offer you what we consider to be a fair and competitive payment price for your Merchandise within 24 hours of processing.

Ownership of Merchandise

You agree that:

You are at least 18 years old.

You are the legal owner of your Merchandise that you wish to sell to us;

You are acting on your own behalf, and not as another’s agent or representative; and

Your Merchandise is free of any & all claims, liens, or anything else that might adversely effect the value of your Merchandise or your ability to sell it to us.

Compliance with Government Agencies

Effective October 1, 2009, the State of Florida (Statutes Section 538.32) requires GoldFellow^® obtain your driver’s license number (or other government issued ID number) and a signed sworn statement in order to process your payment.

Describing your Merchandise

You agree to accurately list and describe the Merchandise that you send to us on a packing slip, which you can print from our website or receive from us by mail. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described on your packing slip and the items we receive, or if no packing slip was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 2 business days at our cost by the FedEx^® (“FedEx”) shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.

Inbound Shipping Methods, Costs, Insurance

You can select one of the following inbound shipping methods on GoldFellow’s^® Get Started form:

FedEx^® Express Saver shipping

If you choose FedEx^® Express Saver shipping, we will either mail you all the shipping and packaging materials at our expense, or you may print your own air bill, packing slip, and instructions from our website. If you choose this method of shipping and use a FedEx^® shipping label provided by us, we will pay your inbound shipping costs, including insurance up to $2,500 with FedEx^®. If you believe that you need additional insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise. You can contact us by telephone (1-877-696-5346) to arrange for additional insurance or shipping instructions.

FedEx^® Overnight shipping

You can print your own FedEx^® air bill, packing slip, and instructions from our website for FedEx^® Overnight shipping. If you use a FedEx^® shipping label provided by us then we will deduct the fee for inbound FedEx^® Overnight shipping from your settlement, and also pay for insurance up to $2,500 with FedEx^®.

Ship it myself option:

You can choose to ship your Merchandise at your own risk and expense by choosing the “Ship it Myself” option on GoldFellow’s^® Get Started form, in which case you still agree to print a shipping label, packing slip, and instructions from our website. If you choose to use the “Ship it Myself” option on GoldFellow’s^® Get Started form, or choose not to use a FedEx^® air bill provided by us in any event, you agree to pay for all inbound shipping expenses, to insure your Merchandise at your own cost for full value with the shipper, arrange for package tracking, and waive any and all claims against us for any loss or damage to the Merchandise during transit. Any claims for lost or destroyed Merchandise must be made against the shipper – not us.

If you send us your Merchandise using FedEx^® Express Saver or FedEx^® Overnight shipping with a FedEx^® air bill provided by us, and your Merchandise becomes lost in transit, we will file a claim with FedEx^® and pay you the value of any settlement received from FedEx^® up to $2,500.

Receipt of Merchandise

As a security measure, we videotape the opening and the contents of each package of Merchandise we receive.

We reserve the right, in our sole discretion and with notice to you, to reject any inbound package that appears to have been tampered with prior to delivery. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been “received” by us.

We will send you notice by email when we receive and enter your Merchandise into our database.

Valuing your Merchandise

We will assess the value of your gold Merchandise using a calculation based primarily on the afternoon London Gold fixing on the day we process your Merchandise, a formula based on the karat and weight of the Merchandise, and any other factor that we deem to be appropriate.

We will make the value of your Merchandise available for viewing online using our exclusive service, the GoldView® (“GoldView”) (www.goldfellow.com/goldview) feature on our website. You agree that you fully understand how to use GoldView®, and have established your own unique password and customer account on our website in order to use GoldView®.

Settlement

Upon processing your Merchandise, we will notify you by email or telephone that our settlement payment for your Merchandise (“Settlement”) is available for you to view on our website by logging into your customer account using GoldView® (“Settlement Notice”). You must accept or decline your Settlement within 24 hours after we send our “Settlement Notice” to you by logging into your customer account on our website using GoldView® and accepting or declining the Settlement.

If you have not logged into your customer account on our website using GoldView® to accept or decline your Settlement within the time frame set forth above, then you will be deemed to have accepted the Settlement, and we will issue payment of your Settlement to you according to the method you initially selected on GoldFellow’s^® Get Started form.

Upon your acceptance of the Settlement (either affirmatively, or by failing to decline or accept the Settlement within the time frame set forth above), we will send your Settlement to you by the end of the next business day after we received your Merchandise in accordance with the method of payment you selected for your Settlement on GoldFellow’s^® Get Started form. Your payment may be processed sooner if you log into your customer account using GoldView® and clicking: “Accept”

If you decline the Settlement on GoldView® within the time frame set forth above, then we will ship your Merchandise to you at the address indicated in our records within 2 business days via the FedEx^® shipping method of our choosing at no cost to you, and insuring your Merchandise for full value of the Settlement.

Method of Payment

You can select one of the following methods of payments for your Settlement on GoldFellow’s^® Get Started form:

Company check sent via USPS;

Company check sent via FedEx^® Overnight shipping with the fee deducted from the payment of your Settlement;

Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with the fee deducted from the payment of your Settlement.  Fee will be waived on settlements of $1,000 or more;

Deposit of an eCheck into your PayPal™ account in accordance with the instructions you provided to us; or

If you fail to select a method of payment, then you will receive a company check via USPS.

IMPORTANT INFORMATION ABOUT PAYPAL eCHECK AND WIRE TRANSFER PAYMENTS:

GoldFellow® does not charge for PayPal eCheck payments, however, depending on the type of PayPal account the customer has, PayPal may charge you a predetermined service fee.  GoldFellow® is NOT responsible for fees charged by PayPal.

GoldFellow® deducts a $10 fee from settlements processed by wire transfer. This fee is waived on settlements of $1,000 or more.  Some banking institutions may charge their own customers an additional fee to receive wire transfers.  Customers should check with their banking institutions before selecting this method of payment.  GoldFellow® is NOT responsible for fees charged to the customer by the customer’s own banking institution.

It is your responsibility to know the terms and conditions of the method of payment you select as set forth herein and as stated on our website.

By selecting the payment of your Settlement by deposit of an eCheck into your PayPal™ account or wire transfer into your bank or brokerage account on GoldFellow’s^® Get Started form, you acknowledge and agree that if you affirmatively accept the Settlement within the time frame set forth herein, or accept the Settlement by default (i.e., by failing to decline or accept the Settlement within the time frame set forth above) the Transaction is final, payment will be sent to you by the method you selected on GoldFellow’s^® Get Started Form, we will own the Merchandise, and you will have no right to decline the Settlement or claim that the Merchandise be returned to you and the Merchandise will be destroyed in accordance with our procedures which include melting and refining. You further acknowledge and agree that if you had selected payment by company check on GoldFellow’s^® Get Started form instead of by direct deposit, you would have had a right to a return period as specified below.

Settlement Paid by Company Check

If you selected payment by company check on GoldFellow’s^® Get Started form, and you do not agree with the Settlement or change your mind after accepting the Settlement, then within 10 business days from the date of the check: (a) you must notify us via email at support@goldfellow.com – or telephone at 1-877-696-5346 – that you now choose to decline the Settlement and will be returning the un-cashed check to us on a timely basis, and (b) we must receive your returned un-cashed check within 10 business days from the date of the check. You are responsible for sending us the un-cashed check at your expense, and the check must be sent to us at the address indicated in the upper left hand corner of the check. If you satisfy the requirements set forth in this paragraph, then we will return your Merchandise as specified herein. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to decline the Settlement, the Transaction will be final, we will own the Merchandise, and the Merchandise will be destroyed in accordance with our procedures which include melting and refining.

If you selected payment by company check on GoldFellow’s^® Get Started form and you notify us by email or telephone that you decline the Settlement on GoldView® before payment is processed and before a company check is sent to you, then we will return your Merchandise to you as specified herein.

Return of Declined Settlement Merchandise- Outbound Insurance, Costs, Insurance

In the event that your Merchandise is returned to you in accordance with these Terms and Conditions, we will ship your Merchandise to you at your address as it appears in our records via the FedEx^® shipping method of our choosing at our expense, and will insure the Merchandise for the full value of the rejected Settlement.

If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with FedEx^® and pay you the full value of the rejected settlement.

Return of No-Value Items

As set forth on our What We Buy web page, GoldFellow® only purchases items containing karat gold, sterling silver, platinum and diamonds over .25 ct.  We do not purchase gold-filled, gold-plated, silver-plated, costume jewelry, semi-precious or precious stones or diamonds smaller than .25ct .  Upon request, GoldFellow® will return items of no-value as a courtesy to customers at our own expense via the United States Postal Service (USPS).  Said packages are neither trackable nor insured as the items contained herewith have been identified as having “no value.”  GoldFellow® promises to take reasonable care to properly pack and mail these no-value items back to customers requesting this free service.  As this service is free to customers and items have no monetary value, GoldFellow® may not be held accountable for any loss, damage, theft or non-delivery of these items by the USPS.

Abuse and Fraud

We reserve the right to, at our sole discretion and without giving prior notice, deny access to our free FedEx® service and other services such as gemstone removal and free return of no-value items, to persons we believe are attempting to defraud the company.  The company may pursue legal action against individuals who appear to be knowingly and maliciously abusing the free FedEx® service or other services provided by the company and may recover costs.

Electronic Signature

FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE VALUE MY GOLD BUTTON AT THE END OF THE GOLDFELLOW® GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.

Limitation of Liability

IN ALL EVENTS THROUGHOUT THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF OUR SETTLEMENT TO YOU OR $2,500 PER TRANSACTION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL,OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; (b) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

Miscellaneous

You agree that you provided to us the email address, physical address, driver’s license or other government issued identification number and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further agree that: (a) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (b) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone.

In the event of any strike, disruption of service, or any other problems that we might encounter with FedEx^®, we reserve the right in our discretion to replace FedEx^® with another shipping carrier.

GoldFellow^® is licensed to do business in the State of Florida and is governed by the laws of the State of Florida. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST GOLDFELLOW® MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA, 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.

All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 2:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 6:00 p.m. in Florida on the appropriate day.

Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth above may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes and other storms.