In the Program Terms and Conditions set forth below, the terms “you” and “your” refer to the person sending items to Helzberg Diamonds for sale and purchase and “we”, “our” and “us” refer to Helzberg Diamonds. In order to do business with you and consider a purchase transaction, you must accept the Program Terms and Conditions as set forth below and as modified by us from time to time as described in Section 10 below. By submitting items to us, you agree you are bound by the Program Terms and Conditions as set forth below and as modified by us from time to time as described in Section 10 below.
1. Overview of the Program. We purchase items made of gold and platinum (the “Items”) for refining. In these Program Terms and Conditions, we use the word “Metals” to refer to platinum or gold. After refining, your Items will be melted and the Metals will be resold. The amount we offer to pay for your Items is determined by us in our sole discretion based upon: (1) the total weight and purity or karat grade (pure precious metal content) of the Metals contained in your Items, (2) the market value of the Metals according to the PM London Fix (the price set during the last of the two daily bidding sessions in London) on the Business Day we receive your Items as further discussed in Section 4 below and (3) any other factors we deem relevant or appropriate.
2. What We Don’t Buy. We don’t accept silver in any form or Items that are only plated with the Metals. You will not be paid for any stones in your Items. We only pay for the gold or platinum itself. If there are stones in your Items that you want to keep, you should remove them prior to sending them to us. The stones will not be returned to you if you decide to sell your Items to us. We don’t accept Items that contain price tickets or other manufacturing tags or tickets. We also don’t accept investment Metals (e.g., gold coins, bars, bullion and ingots) or timepieces (e.g., pocket watches and other watches). We reserve the right to decline to purchase your Items for any reason at our sole discretion, including without limitation, declining to purchase Items that contain insignificant amounts of the Metals or are otherwise of little or no value. If we don’t purchase your Items, we’ll return them to you at no cost to you.
We’ll buy Metals up to a maximum payout value of $2,500 per package and a maximum payout value of $7,500 during a twelve (12)-month period. We will accept a maximum of four packages from any single address over a twelve (12)-month period. For questions or for Customer Service, you may contact us via email at firstname.lastname@example.org or by telephone at 1-877-851-1505. As we discuss more fully below, you can communicate with us about the Program through either email or telephone.
3. Requirements to Participate in the Program. You must be at least twenty-one (21) years of age in order to sell Items containing Metals to Us. You must also be the sole legal owner of all Items that you submit to us and you must own them free and clear of any liens, claims or rights of others. Selling on behalf of others isn’t permitted, either as an agent or a representative of any other person or company. We may request documentation concerning your age or ownership and decline to purchase your Items if we do not receive acceptable documentation in a reasonable time. By submitting your Items to us, you represent and warrant that (a) you are 21 years of age or older, (b) you are the sole legal owner of the Items, (c) you have the authority to sell them free and clear of liens, claims and rights of other parties and (d) you accept all Program Terms and Conditions as set forth herein and as modified by us from time to time as described in Section 10 below.
4. Summary of Our Procedures. You may register for the Program through our website, HelzbergGold.com (the Website”) or by calling Customer Service at 1-877-851-1505. For registration through the Website, you will be asked to fill out an online form requesting a Program packet (the “Packet”). For telephone registration, you will request a Packet and provide your name and address.
The Packet. After registration on the Website or by telephone, a Packet will be shipped out to you within two (2) Business Days. The Packet will contain information about the Program, as well as instructions and materials to allow you to submit Items to us, such as a prepaid shipping envelope and a resealable plastic bag for your Items. If you provide us with your email address at the time of registration, we will send you an email when we ship a Packet to you and when we receive your Packet from you. For important information regarding insurance limits on Items you ship to us using a Packet, see Section 7 below.
Evaluation and Offers. After we receive your Items and evaluate them, we’ll send you a response by email or telephone within two (2) Business Days. If we decide your Items are appropriate for purchase, we’ll make an offer (the “Offer”) to you, either by email or in a recorded telephone conversation, to purchase the Items based upon the factors identified in Section 1 above. If you register through the Website (either to obtain a Packet or subsequently), as part of the Offer and for a limited time, you’ll be able to watch an online video of your Items being unpacked and weighed.
Accepting the Offer. You may accept the Offer by email or in a recorded telephone conversation. If you accept the Offer (“Acceptance”), you’ll be paid the sum in the Offer by check. We’ll deposit the check in the U.S. mail to you within two (2) Business Days from the date of your Acceptance. We’ll send confirmation of your Acceptance either by email or U.S. Mail.
Rejecting the Offer. You’ll also have the option to reject our Offer by email or in a recorded telephone conversation (“Rejection”). In that event, we’ll ship the Items back to you within two (2) Business Days at no charge in accordance with the insurance limitations and other terms in Section 7 below. We’ll send confirmation of your Rejection either by email or U.S. Mail.
If You Don’t Respond. If we don’t receive an email or telephone response to our Offer within fourteen (14) Calendar Days from the date of the Offer, it will be deemed withdrawn by us we’ll return your Items to you at no charge in accordance with the insurance limitations and other terms in Section 7 below. If you register by email, we’ll send you an email reminder of the Offer eight (8) Calendar Days after the date of the Offer, but such email is done as a courtesy only and failure to send the reminder email will not alter the date the Offer expires.
Hold Period. We will not finalize the processing of your Items until twelve (12) Calendar Days after the date we issue and mail your check following your Acceptance of the Offer. We call this our “Hold Period.” By cashing, negotiating, or depositing our check for the Items, you agree to waive the Hold Period.
If You Change Your Mind. Unless you waive the Hold Period by cashing, negotiating or depositing the check for the Items, you have twelve (12) Calendar Days from the date of your Acceptance to change your mind, revoke your Acceptance and ask for your Items back (a “Revocation Request”). To make a Revocation Request, within the Hold Period, you must (a) notify us by email at email@example.com or by telephone at 1-877-851-1505 and (b) we must receive your returned, un-cashed check for the Items within the twelve (12)-day Hold Period. You are responsible for sending us the un-cashed check at your own expense and it must be sent to us at Helzberg Gold Purchase Program Processing Center, 500 Quality Boulevard, Fairfield, Ohio 45014. If you satisfy all of these requirements, we will ship your Items back to you at no additional charge. Failure to satisfy any of these requirements will cause you to forfeit your right of revocation, the transaction will be final, we will own the Items and the Items will be destroyed in accordance with our procedures which include melting and refining.
Business Days. All references to Business Days means days not counting Saturdays, Sundays and federal legal holidays and, if the expiration of any time period stated in Business Days falls on a Saturday, Sunday or federal legal holiday, performance will
be due the next Business Day. Merchandise received after 2:00 p.m. Eastern Standard Time or on any Saturday, Sunday or federal legal holiday will be considered to have been received the next Business Day. Any time frame set forth herein may be suspended or extended by us, in our discretion, as further provided in Section 14 below.
Calendar Days. All references to Calendar Days means actual days including weekdays, weekend days and federal holidays.
5. Other Processing Information. If you register through the Website, you can check on the status of your Items by going to HelzbergGold.com or by calling Customer Service at 1-877-851-1505. If you are an email registrant, you agree you have established your own unique password and customer account on the Website.
If you register by telephone or prefer to communicate by phone, you can check on the status of your Items by calling Customer Service at the above-stated number. We’ll respond to any inquiries you have about the Program within two (2) Business Days. The hours of our Customer Service department are Monday – Friday 9AM – 7PM, Eastern Standard Time.
If you register by telephone, we will notify you of the Offer and receive your Acceptance or Rejection, as outlined in these terms and conditions, by telephone in a recorded telephone conversation. You agree that you provided to us the email address (if one is furnished), physical address and telephone numbers that are in our records and you are responsible for providing 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, with anyone answering your phone or on your answering machine/service is effectively received by you and constitutes due notice to you by telephone.
6. Proper Shipment. We reserve the right to reject the delivery of any Packet, mail, envelope or package that appears to be damaged, opened or tampered-with prior to delivery, and any such Packet, mail, envelope or package will be returned to you at no charge. We have no liability to you for any Items contained in any such attempted delivery or in return of any such Items.
7. Insurance Limitations on Shipped Items. If you use the prepaid shipping envelope in your Packet, your Items will be insured with the carrier for a maximum value of $500. It’s your responsibility to have the carrier electronically scan the prepaid envelope into its tracking system to ensure that the carrier accepted possession of the envelope. If you think your Items are worth more than $500, we recommend that you contact us for further instructions. Any Items returned to you will be sent to you
at the address as it appears in our records and insured with the carrier for $500 or for the amount of the Offer if it exceeds $500. We will, in our sole discretion choose the return carrier and receipt – verification method, if any, for each transaction. You agree that your sole remedy for losses that occur during shipment is to process a claim with the carrier.
8. Limitations of Liability. IN ALL EVENTS AND CIRCUMSTANCES, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY AND ALL CLAIMS UNDER THE PROGRAM IS THE AMOUNT OF THE OFFER OR $20 IF NO OFFER IS MADE. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR: (a) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAM OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (b) ANY CLAIMS, DEMANDS OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER AND YOU EXPRESSLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIERS. THESE LIMITATIONS ON LIABILITY SHALL BE BINDING ON YOU AND ON ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR SUCCESSORS, ASSIGNS, AND ANY OTHER INDIVIDUAL OR ENTITY ASSERTING ANY RIGHT OR CLAIM RELATING TO YOUR TRANSACTION.
9. Indemnity. You agree to defend, indemnify and hold harmless Helzberg Diamonds and our affiliates, service providers, suppliers, contractors, and our and their respective employees, officers, directors, agents and representatives from any claim, losses, damages, liabilities, costs or demand, including reasonable attorney’s fees, made by any third party arising out of or relating to your breach of these Program Terms and Conditions. The foregoing indemnification obligations shall survive the conclusion of the purchase of any of your Items under the Program.
10. Changes to Program Terms. We reserve the right to change these Program Terms and Conditions at any time and without notice. Current Program Terms and Conditions are available by going to HelzbergGold.com . Any changes we make will be immediately posted on the Website and apply as soon as they are posted, except they will not apply to transactions for which a registration number was obtained before the effective date of such changes.
11. Entire Agreement. If you participate in the Program solely by telephone, these Program Terms and Conditions constitute the entire agreement between you and us concerning the Program, and they will supersede all previous written or oral agreements between you and Helzberg Diamonds concerning the Program. For those who participate through the Website (either completely or in part), the Website Terms and Conditions will supplement these Program Terms and Conditions, and together, they will supersede all previous written or oral agreements between you and Helzberg Diamonds concerning the Program and/or the Website.
12. Applicable Law. You agree that the Program Terms and Conditions shall be governed and construed according to the laws of the State of Missouri, without regard to its conflicts or choice of law provisions.
13. Claims, Disputes and Arbitration. The following provisions significantly affect your rights in any dispute with us. By submitting Items to us, you agree that:
1. Any dispute between you and us that cannot be resolved by our mutual agreement must be submitted to binding arbitration in Kansas City, Missouri to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which means you give up the right to a trial by a court or a jury. The arbitrator shall be an attorney or retired judge and shall be selected in accordance with the above-identified rules.
2. Regardless of any statute or law to the contrary, any claim or dispute arising out of or related to the Program must be submitted for arbitration as described in this Section 13 within one (1) year after the claim or cause of action arose, or it is forever barred.
3. Any claim or dispute shall be arbitrated on an individual basis and not as a class action. You agree to give up any right you may have to bring a class-action lawsuit or class arbitration or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
4. The information that can be obtained in discovery from each other or form third persons in arbitration is generally more limited than in a lawsuit. Other rights that you and/or we would have in court may not be available in arbitration.
5. If you file or attempt to file any action in a venue other than arbitration in Kansas City, Missouri, we shall be entitled to reimbursement from you for any and all costs we incur in defending such action, including but not limited to, attorney’s fees
incurred by Helzberg Diamonds.
The above arbitration requirements apply to all claims and disputes, whether in contract, tort or otherwise (including any dispute over the interpretation, scope or validity of this arbitration provision or the arbitrability of any issue), between you and us or any of our employees, contractors, parent, subsidiaries, affiliate companies, agents, successors or assignees, which arises out of or relates to the Program.
14. General. You understand that no failure by us to exercise any right under the Program will be deemed a waiver of such right and no waiver by us of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default. If any provision of these Program Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of these Program Terms and Conditions. Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified in these Program Terms and Conditions, in our sole discretion and with or without notice to you, in the event we encounter any technical difficulties concerning the Website, Program-related technology or data networks or other matter, or if we encounter any delays attributable to any act beyond our reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other act of God, any law, regulation, ordinance or any act or order of any court, government, or governmental agency.
THESE PROGRAM TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.