Terms & Conditions

USER AGREEMENT ("Agreement")

YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT

Your ("User") use of this site constitutes your agreement to these terms and conditions. If you do not agree to this Agreement, you may not use this site and such use is unauthorized. It is your sole responsibility to check this Agreement periodically for changes as the owner of this site, nationalgoldmarket.com, ("Company") reserves the right to amend this Agreement at any time and in any way and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

Company offers an internet platform whereby legal owners of jewelry and precious metals ("jewelry") may submit their jewelry for a price quote for purchase by Company. If User accepts the price quote, Company shall render prompt payment to User in the form of a check in exchange for the jewelry. Company shall then utilize jewelry in the manner described on the site. Users may simply view the site or Users may submit their jewelry to Company for a purchase quote and sale.

AGE ELIGIBILITY FOR USE OF THIS SITE

You must be at least 21 years of age to use the site and to enter into this Agreement. If you are not yet 21 or are accessing this site from any country where material on this site is prohibited or illegal, you must immediately cease use of the site and immediately leave the site as you do not have permission to access and use the site.

YOU AGREE TO RECEIVE ELECTRONIC RECORDS

Your use of the site constitutes your express consent to receive information from Company in an electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include, but are not limited to, terms and conditions, agreements, privacy policies, and other items.

LICENSE TO USE THIS SITE

Upon the effective date of this Agreement, the Company hereby grants you, the user, a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the creator of such content and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.

In order to use this site, you represent and warrant expressly that: (1) you are the legal owner of any jewelry you submit to Company; (2) you are not an agent or representative of any third party; (3) you are 21 years or older; (4) you are solely responsible for providing truthful and accurate contact information for the receipt, delivery and processing of any transaction pursuant to this Agreement; (5) you are not violating any applicable law or regulation including any tax laws; (6) you are solely responsible for paying any taxes due from any sales proceeds you realize from selling jewelry to Company.

PERSONAL INFORMATION AND RECORD KEEPING FOR EACH TRANSACTION

In order to comply with existing state laws and stay ahead of new potential by gold purchase by mail regulations, we require that you provide certain personally identifiable information. By shipping your jewelry to Company, you agree to all terms and conditions set forth herein. You affirm, under penalty of perjury, that you are the lawful owner of the jewelry that is the subject of any transaction between you and the Company.

You must provide us with a copy of your government issued I.D. along with a sworn statement that you are the legal owner of the jewelry. You must supply this information in order for us to process your jewelry, quote and check. Should you fail to provide this required information or request a return of your jewelry within 30 days of our notice to you of a failure to provide such information, such jewelry will be determined abandoned and relinquished to the California Controller's unclaimed property fund.

You expressly waive and agree to hold Company harmless from any claims arising from Law Enforcement Investigations pertaining to your jewelry.

SHIPPING

Users must ship jewelry in accordance with instructions provided on the site. In the event that jewelry shipped to Company in accordance with this Agreement is lost, Company bears no liability for such loss. Company provides a level of insurance through FEDEX. Jewelry shipped to company should also be properly insured by User. User bears the risk of inadequate insurance. Company reserves the right to refuse delivery of any parcel, mail or jewelry that appears to be damaged, opened or tampered. In the event that mail, parcel or jewelry is refused, it shall be returned to User directly by the appropriate carrier. User bears all risk and responsibility for shipping jewelry to Company. User assumes all risk and responsibility for shipping methods not provided by Company.

COMPANY PURCHASE OFFERS

After receiving your jewelry, Company shall provide User with a price quote for purchase. This price quote is provided exclusively on Company website and you must login to access and accept the price quote. Company will provide no more than four price quotes for purchase for any jewelry submitted by User. Upon your acceptance of the price quote, you are legally bound to the sale of your jewelry at the quoted price. Company will then issue payment for the quoted price. User will then receive payment, usually within 5 to 7 business days of quote acceptance. Once User deposits the check, jewelry cannot be returned and any cancellation requests shall be void. Checks may only be cashed by the User, no checks provided by Company may be cashed or deposited by third parties.

CANCELLATION POLICY

Company will hold your jewelry for a period of 12 days after your acceptance of the price quote for purchase. User may cancel the transaction during this 12 day period. All cancellations must be received in writing by email or regular mail within 12 days of User's acceptance of Company's price quote. This 12 day period may not be altered for any reason. Jewelry shall be returned in accord with the Return of Jewelry Policy herein. In the event user cancels the transaction and a check has been issued, User must return the check issued by Company within 14 days of the User's cancellation notification. This 14 day period may not be altered for any reason. If Company does not receive the check from User within 14 days of cancellation, Company will process the jewelry and it will not be returned to User. If Company receives the check from User within 14 days of cancellation, Company will return jewelry in accord with the Return of Jewelry Policy herein. Take note, once User deposits the check, jewelry cannot be returned and any cancellation requests shall be void.

RETURN OF JEWELRY POLICY

In the event the User cancels the transaction and requests a return of jewelry, Company shall choose the return carrier, insurance sum and receipt verification method. Company will insure the jewelry to be shipped at the quoted offer for said jewelry regardless of what the jewelry was first insured for when shipped to Company by User. Should the jewelry be lost in delivery, User agrees to allow for the carrier's insurance and investigation services to conclude. Should Company receive any insurance funds pursuant to a lost return of jewelry claim, Company shall mail to User any such insurance funds within 2 business days of Company's receipt of such funds. Take note, once User deposits the check, jewelry cannot be returned and any cancellation requests shall be void.

REPORT OF LOST JEWELRY

In the event User wishes to report jewelry lost in transit to Company or transit from Company to User, User must immediately contact Company at (626) 449-0040 and immediately request a claim form. User must complete the claim form and attach a copy of User's valid government issued I.D. and mail it to Company at: National Gold Market, Pasadena, CA within 60 days from the date User received notice that jewelry was lost. User must include all supporting documents with User's claim form including any documents from the carrier or insurance provider. Failure to complete a claim form and provide supporting information within the 60 day period will result in the forfeiture of any claim by User against Company.

DISCLAIMER OF WARRANTIES

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT OR MATERIALS OF THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.

THIRD PARTY LINKS

In an attempt to provide increased value to our Users, Company may provide links to other websites or resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

PRIVACY POLICY

Company's Privacy Policy, which is incorporated by reference into this Agreement, applies to use of this Site. The terms of the Privacy Policy are incorporated into, and form a part of, this Agreement.

GOVERNING LAW / JURISDICTION

This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Company with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site.