Terms of Service 1 — Big Diamonds Direct

Terms of service.

The terms and conditions contained in this Agreement shall be binding for every customer of Gold QuickPay.com. By shipping your goods to Gold QuickPay.com (hereafter referred to as “GQP”), you are agreeing to all terms and conditions herein.

Insurance Against Loss
For security and insurance purposes all shipments are insured through Lloyds of London who will guarantee against loss of any package properly shipped to GQP in accordance with its established instructions and procedures and subject to the terms and conditions described herein.

Due to possible fraud attempts GQP cannot be liable if packages come to us and are empty or missing contents since we have no way of knowing if they were tampered with or emptied before shipping. Our insurance only covers packages that have been scanned into the Fedex system and were lost in transit. GQP 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 to return such mail, envelope or package to the customer. GQP shall have no liability to any customer for any such attempted delivery or return of such items.

Insurance Coverage Requirements
For an insurance claim to be valid, proof of value and purchase is required, such as original purchase receipt, and the package(s) must be picked up by FedEx or dropped off at a staffed Fed Ex location, to ensure packages can be inspected before shipping. Gold QuickPay cannot be held responsible for packages dropped off at drop-boxes or for items packaged in non-FedEx packaging, as durability cannot be guaranteed. You must obtain a FedEx receipt, as that is your proof of pickup or drop-off, and hold onto it until your transaction is finalized.

Our insurance carrier REQUIRES that you double-box the shipment for added security. For example, place your contents in a small FedEx box and then place that box inside a Medium FedEx box. It is recommended that you do not disclose the contents of the package to any FedEx employees. Please contact customer support, toll free at 877-501-7800 if you have any questions concerning shipments.

If you believe your gold jewelry or other property is worth more than $1,000.00, please call customer support toll free at 877-501-7800 to ask for an increase in insurance.

We also require that you list the contents of your package on the form we’ve provided (by email), which you must return to us in the package you send.

Limitation of Liability
This limitation of liability shall be binding on all customers and any third party, including but not limited to the customer and the customer’s successors, assigners, insurance carriers and other individuals or entities asserting any right or claim relating to the customer’s transaction with GQP.

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

The liquidation value placed on the total contents by GQP in its sole discretion.
The sum of Five Hundred Dollars ($500.00).
One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a seller to GQP, which appraisal was issued prior to the shipment of the item(s) to GQP.

The seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to GQP, GQP’s liquidated value shall be conclusive and binding; and further, that in no event shall GQP’s Liability exceed Five Hundred Dollars ($500.00).

GQP 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.

Verbal Offers
Any customer or prospective seller may request GQP to provide a telephone or e-mail quote for his or her items after such items have arrived at GQP’s processing facility. Verbal offers may be recorded at the sole discretion of GQP.

After receipt of (ONLY) signed emailed acceptance of the quote and signed bill of sale, payment will be issued by GQP typically, within one (1) hour.

Requirements For Use
Customers must be at least eighteen (18) years of age and the actual legal owner of any gold, jewelry, precious metals or other property sold or attempted to be sold to GQP Seller must be acting on their own behalf and not as the representative of another person. GQP may, but shall not be obligated or required to request documentation or other proof of compliance with the requirements contained in this paragraph.

Prospective seller may request GQP to provide a telephone or e-mail quote for his or her items after the items have arrived at GQP’s processing facility. Verbal offers may be recorded at the sole discretion of GQP.

Upon receipt of a signed emailed acceptance by the customer of the e-mailed quote and the signed bill of sale, payment will be issued by GQP, usually within one (1) hour of such acceptance.

Affiliates
GQP has several affiliates that provide information on our service and refer website visitors to us. Affiliates must adhere to rules and guidelines set forth by our program to maintain ethical advertising practices and remain in our affiliate programs, but ultimately we do not have control over affiliate websites (affiliates not following our terms and conditions are subject to cancellation).

Return Insurance Liabilities
If an item is returned to a customer, GQP will insure the item for no more than the amount offered by GQP, regardless of what it was insured for when shipped by the customer to GQP, unless GQP is otherwise notified by the customer via email or fax prior to the return shipment and the customer agrees to pay for the extra insurance requested. GQP shall, in its sole discretion, choose the return carrier, insurance, and receipt verification method.

Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. GQP’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 the 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 the 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 offered by GQP 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 Florida. GQP shall be entitled to reimbursement for all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside the State of Florida, including but not limited to attorney’s.

100% Satisfaction Guarantee
If you are not 100% satisfied with our offer, you must deny the offer within 72 hours of receipt of the offer. GQP will return your merchandise free of charge and insure it for the amount that was offered by GQP.

Unanswered Offers
Customers are required to accept or deny an offer from GQP within SEVENTY-TWO (72) HOURS of the offer being made. If GQP has not received a response to the offer after 72 hours, it will send the customer a check in the amount of the original offer. GQP will hold the items in question for no more than seven (7) DAYS, or until the check is cashed, whichever occurs first. The items will be held a maximum of 7 days after which, if no response, they will be melted and the transaction will be considered final, binding, and irrevocable.

This time limit cannot be waived or extended for any reason, and GQP will not be responsible for any loss or damage of any kind if the time limit is not followed.

Waiting Period for a Claim
A customer who wishes to submit a claim to GQP must NOTIFY THE COMPANY IMMEDIATELY TO REQUEST A CLAIM FORM. To be processed, the claim form must be fully and accurately completed, signed and mailed to Gold QuickPay Ltd, in accordance with the claim form instructions. The customer must submit all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE GOODS WERE SHIPPED to GQP will result in the denial of the claim by GQP. There is a 30-day waiting period from the time the claim form is received by GQP and when the claim is processed.

SHIPPING
GQP provides complimentary insured shipping with Federal Express for gold (AU) materials under the following specific terms:

(a) Only FedEX Priority Overnight Shipping as the specified and available method of shipping. Do not ship “Fedex First Overnight” service. No FedEx drop box drop off.

(b) A minimum of 0.5 Troy Ounce of gold (AU).

(d) “No Saturday Delivery” to be selected as the specified and available method of Special Handling and Delivery signature options.

(e) Any additionally specified insurance amount not to exceed actual precious metals cost (NOT RETAIL COST) approximation within $500.

Failure to follow any of the shipping terms aforementioned and at the discretion of the Gold QuickPay management may result in:

(1) Chargeback to the customer for any other shipping method exceeding in cost.

(2) Chargeback to the customer for any shipping cost incurred by GQP for items shipped totaling less than a 0.5 Troy Ounce in gold (AU) metals.

(3) Chargeback to the customer for any “Saturday Delivery”.

(4) Chargeback to the customer for over insuring packages, (over insuring shipments is a violation of Federal Express Terms and Conditions).

Payout fees disclosure
The following fees are applied when accepting payment:

No Charge for the following 3 methods:
—Direct Deposit/Zelle
—eCheck
—Company Check

Domestic Bankwire: $25.00
International Bankwire: $50.00

Western union & Moneygram: approximately 10% of payout amount
Paypal: approximately 2.5% of payout amount

AGREEMENT TO INDEMNIFY goldquickpay.com FOR USING THIS WEBSITE
By using goldquickpay.com you agree to hold GOLD QUICK PAY harmless goldquickpay.com, 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.

DISPUTES AND APPLICABLE LAW
GOLD QUICK PAY SHALL NOT BE LIABLE TO ANY PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, BUSINESS LOSS OR INTERRUPTION DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE MATERIALS AND INFORMATION IN THIS WEBSITE. THIS PROVISION APPLIES EVEN IF GOLD QUICK PAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any dispute arising out of or relating to your use of this website shall be conclusively resolved by arbitration in the state of Florida under the commercial arbitration rules of the American Arbitration Association then existing, 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 Florida 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.