These terms and conditions including the Privacy Policy which is incorporated by reference as if fully set forth herein shall be legally binding on all customers who access thirtyonefour.com (“Our Website”) or otherwise engage in a “Transaction” with us as that term is defined below and shall inure to the benefit of 31 Four, Inc. DBA 31Four Artisan Jewelry (“Company”) and Company’s successors and assigns AND SUPERSEDE AND REPLACE ANY INCONSISTENT STATEMENT IN ANY OF OUR MATERIALS, ADVERTISEMENTS OR WEBSITES.
Definitions
The terms “you” and “your” refer to the person or entity offering an item(s) for purchase and/or sending any item(s) containing precious metals (gold, platinum, silver, or any combination thereof), jewelry, gemstones, other personal ornaments, or any combination thereof (collectively hereinafter referred to as “Merchandise”) to Company for sale and purchase, as well as accessing or using Our Websites, request an appraisal and providing us with your personal information (collectively hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to Company (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors and assigns.
Shipping Your Merchandise
Except for Merchandise sent to us using a Company generated pre-paid shipping label, we will have no liability for any Merchandise while in transit or otherwise in the possession or custody of any party other than us, including, without limitation, any common carrier (i.e., FedEx, UPS, USPS etc.) or delivery service (“Carrier”). If you decide to arrange for your own shipping, you shall be solely responsible for shipping costs and any related insurance and assume any and all risk of loss for your Merchandise. You must not ship hazardous or illegal materials and your shipment must otherwise comply with applicable state and federal laws.
If you believe your Merchandise has been lost or damaged, you must file a claim with us within 15 days of the date the Merchandise was sent.
Valuing Your Precious Metals Merchandise
We will assess the value of your precious metals Merchandise using a calculation based on the London Bullion Market Association (“LBMA”) price of the applicable precious metal (gold, silver, platinum, etc.) on the day prior to the day we process your Merchandise and a formula based on the purity and weight of the Merchandise, and any other factor that we deem to be appropriate. When we receive Merchandise that is, knotted and/or tangled and requires extraordinary effort to evaluate, we reserve the right to use an estimate to calculate the purity and weight of the Merchandise.
Accepting Our Offer
After our determination of the amount of our offer for your Merchandise, we will notify you of the offer by sending you (A) an email and/or (B) provide an offer via telephone. You must accept our offer via email within 10 business days or, for your convenience, we will deem the offer accepted and issue payment to you according to the method you selected. Items cannot be returned once your cash value offer has been deemed accepted.
Rejecting Our Offer
Please call 407-310-5799 to reject your offer. We will need to confirm the return address on your account to ensure the safe delivery of your items. In addition, we reserve the right to make a new offer or return your Merchandise to you in accordance with our Return Policy.
Return Policy
If you reject our offer, you must call us at 407-310-5799 so that we may confirm your return address to ensure your items are returned to you safely and securely.
Payment
You can select one of the following methods of payment for your Merchandise (“Payment”):
Store credit
PayPal™
ACH transfer to your bank
After your acceptance of our offer, we will issue Payment to you within one (1) business day in accordance with the Payment method you selected.
Please note that you are responsible for any third-party transaction fees relating to any Payments made by us to you or if you elect to send money back to us. This includes, but is not limited to, fees associated with ACH payments, PayPal transfers and other similar payment methods. It is your responsibility to determine and accept any such third-party fees prior to requesting your method of Payment. Additional Requirements may apply depending on Payment method.
Electronic Communication and Signature
You consent to receive communications electronically from the Company. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us.
If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on Our Website, relating to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.
Limitation of Liability
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF THE FAIR MARKET VALUE OF YOUR MERCHANDISE AS DETERMINED BY US OR $1,000 PER TRANSACTION. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (A) ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (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. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL NOT HAVE NOR ASSUME ANY LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, THE USE OF OUR SERVICE, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
Indemnification
You agree to and will indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any (A) Transactions with us, (B) any noncompliance with these Terms and Conditions, or (C) the title to, ownership of or lien on any Merchandise offered for sale, sold or purported or arranged to be sold by you to us.
Ownership of Merchandise
You agree and warrant that (1) you are at least eighteen (18) years of age; (2) you have good and marketable title to the Merchandise you send to us; (3) you have full authority to sell and transfer said Merchandise; (4) you are the actual legal owner of any and all Merchandise offered to be sold to us; (5) you are acting on your own behalf, and not as another’s agent or representative; (6) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (7) your description of the Merchandise in the shipping materials you provide to us is accurate and complete; (8) your possession of the Merchandise is not from, or the result of, illegal activity in this country or any other country; (9) any Transaction initiated by you will not cause or result in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country by you or us; and (10) you will provide any documentation and/or information reasonably requested by us in connection with or related to you, the foregoing, the Merchandise or the Transaction.
Compliance with State and Federal Regulations
The Company is licensed in the State of Florida and is governed by Florida law, including without limitation, Chapter 538 §§ 538.31 et seq. Florida law (Fla. Stat. § 538.32(2)), requires us to obtain, record and, under certain circumstances, verify certain personal information from you in order to process or engage in any Transaction with you. Such information includes your name, address, telephone number, email address, driver’s license number and issuing state or other government issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver’s license number or other government-issued identification number and other identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.
In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act and are required to report certain types of transactions to the IRS and/or the U.S. Department of Treasury. Such reporting obligations may include but are not limited to IRS Form 1099-B, Form 8300, or Suspicious Activity Reports. You may be asked for information to help us comply with our AML program and/or applicable reporting requirements and are required to do so in order to complete any Transaction.
We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.
Miscellaneous
Any time frame set forth above may be 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 weather events.
Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
Governing Law
All transactions and services with Company shall be deemed to occur in the State of Florida and be regulated thereby, regardless of where you may reside, be situated or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed and enforced in accordance with Florida law and applicable federal law, in accordance with the laws of the State of Florida without reference to or application of Florida’s conflict of law principles.
Waiver of Jury Trial; Choice of Forum
IF ANY CLAIM, ACTION OR LAWSUIT ARISES BETWEEN YOU AND THE COMPANY, YOU EXPRESSLY (A) WAIVE YOUR RIGHT TO A JURY TRIAL; AND (B) CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EITHER THE STATE OR FEDERAL COURTS LOCATED IN SEMINOLE COUNTY, FLORIDA 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.
Company reserves the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after we have posted such modifications or updates, you agree to be bound by the terms as revised.
Rev. 8/2020