Gold Exchange Program
Terms and Conditions
These Terms and Conditions ("Terms") are between Sterling Inc. ("Sterling," "We" or "Us") and you ("you" or "Customer"). Sterling operates the Jared Gold Exchange®, Kay Jewelers Gold Exchange®, Sterling Jewelers Gold Exchange® and JBR Gold Exchange® (each, a "Program"). Current Terms are posted on the corresponding website: www.jaredgoldexchange.com, www.kayjewelersgoldexchange.com, www.sterlingjewelersgoldexchange.com and www.jbrobinsongoldexchange.com (each, a "Website"). These Terms are subject to change without notice. Any changes to these Terms will not apply to transactions for which a transaction number was obtained prior to the effective date of such changes.
1. Overview. We purchase items made of gold and platinum ("Items") for refining only. In these Terms, the word "Metals" refers to platinum or gold. The amount We will pay for your Items is based on (a) the total weight and purity or karat grade (pure precious metal content) of the Metals contained in your Items, and (b) the market value of the Metals according to the then-current London Fix (the price at which gold and platinum are set during two daily bidding sessions in London).
2. What We Don't Buy. We cannot pay for pearls, gemstones or other non-precious metal material in Items. We may, at our sole discretion, return your Items if We determine that the value of the stones outweighs the value of the Metals. If there are stones in your Items that you want to keep, you must remove them prior to sending them to Us. The stones will not be returned to you if you decide to sell your Items. We do not accept Items that are or appear to be new or that contain price or other manufacturing tags or tickets. We also do not accept investment metals (e.g., coins, bars, bullion and ingots) or timepieces (e.g., watches and pocket watches). To ensure you get the best price for your Items, We recommend you visit another reputable source for comparison once you receive our Offer.
We will buy Metals in single shipments up to a maximum payout of $2,500 per shipment. In any 12-month period, We will not make payouts to any single address that exceed $7,500 in total and We will not accept more than four packages from any single address. These limitations are inclusive of your participation in other Programs over any 12-month period.
For questions or for Customer Service, you may contact Us via email or by telephone at 1-800-877-8169. However, email will be the primary form of communication between Sterling and you. Emails sent from Sterling to you will be conclusive and binding. Business hours are Monday-Friday 8:30 a.m. - 10:00 p.m. ET, Saturday 10:00 a.m. - 10:00 p.m. ET and Sunday 12:00 p.m. - 9:00 p.m. ET, excluding U.S. federal holidays.
3. Requirements for Participation. You must be at least 21 years old to sell Items to Us. You must be the legal owner of any and all Items sold, or attempted to be sold, to Us. Selling on behalf of others is not permitted, either as an agent or as a representative of any other person or company. We may request documentation of proof of age or ownership, and may decline to purchase your Items if We do not receive such documentation in a reasonable time or suspect such documentation is false. By shipping your Items to Us, you represent and warrant that you (1) are the legal owner of the Items, (2) have the authority to sell the Items and (3) accept these Terms and those described on our website, which are subject to change.
4. Summary of Our Procedures.
Register. You may register for a Program online by going to one of our Websites and completing the New Customer Registration Form. You can request either to print a free shipping label or to be sent a Gold Exchange Packet ("Packet"). You will also be given a transaction number. Items will not be accepted for purchase without a valid transaction number.
Payment Options. You must choose to receive either a check or a gift card for the applicable store ("Gift Card") for your potential payment. If you select a Gift Card, your Offer will include a 10% bonus in addition to the payout amount. Unless required by law, Gift Cards cannot be redeemed for cash or used for payment on any credit account or other balance owed.
The Packet. If you selected to receive a Packet in the mail, a Packet will be shipped to you within approximately one business day after registering. 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 re-sealable plastic bag for your Items. We will email you when We ship your Packet to you and when We receive your Packet from you.
Evaluation and Offers. If We decide your Items are appropriate for purchase, We will make an offer (the "Offer") to you by email within approximately one business day of receiving and evaluating your Items. As part of the Offer, you will be able to watch a video of your Items being unpacked and weighed.
Accepting or Rejecting the Offer - If You Chose a Check. If you accept the Offer, you do not have to do anything further. A check will be mailed to you within 24 hours (excluding holidays) after We determine the Offer. By cashing, endorsing or depositing the check, you confirm your acceptance of the Offer and your consent to these Terms. If you reject the Offer, you must return the check to Us and We will return your Items at no cost to you. If your check is not cashed, deposited or returned to Us within 20 days, we will send you an email reminder to cash or deposit your check. If after a total of 30 days the check is still not cashed, deposited or returned, and We have not heard back from you, we will send you a final reminder. If after another 7 days, you still have not cashed, deposited or returned the check, or contacted Us, We will issue a stop payment on the check and return your Items at no cost to you.
Accepting or Rejecting the Offer - If You Chose a Gift Card. You will receive an email notifying you that we have made you an Offer. You must log into your Program account and select "Click here to view all details." Once you have viewed the details, click on the ACCEPT or DECLINE button to process the Gift Card transaction. If you accept the Offer, the Gift Card will be issued within one business day and the transaction will be final. If you reject the Offer, your Items will be returned to you within one business day. If you have not accepted or rejected the Offer within 20 days, we will send you an email reminder to review your Offer. If after a total of 30 days you still have not accepted or rejected the Offer and We have not heard back from you, We will cancel your transaction and return your Items at no cost to you.
If you have questions about the process, you can contact Us via email or by telephone at 1-800-877-8169.
5. Material Return. If you change your mind about selling your Items, or are dissatisfied with the Offer you received, you may cancel the transaction or reject the Offer. If you chose to receive a check, you must return the un-cashed/un-deposited check to Us by mail, and We will return your Items at no cost to you. If you chose to receive a Gift Card, you may reject the Offer, and your Items will be returned at no cost to you. If We are unsuccessful in our attempts to return your Items to you based on the information you provided, we reserve the right to resort to remedies available to Us under the laws of the State of Ohio.
6. Proper Shipment. We reserve the right to reject delivery of any Packet, mail, envelope or package which appears to be damaged, opened, or tampered with, and any such Packet, mail, envelope or package will be returned to you at no charge. We will not have any 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 free printed shipping label or the prepaid shipping envelope in your Packet, your Items will be insured with the carrier for up to five hundred dollars ($500). It is your responsibility to have the carrier electronically scan the free printed label or 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 or secure insurance at your sole expense and risk. Any Items returned to you will be insured for $500 or the amount of the Offer, if the Offer exceeds $500. If you want to have the Items insured for a greater amount during return shipment, you must contact Us prior to our shipment of the returned Items, and you must pay for the cost of any extra insurance requested. 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. Disclaimer and Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL STERLING, ITS AFFILIATES, A PROGRAM, OR THEIR SERVICE PROVIDERS, SUPPLIERS OR CONTRACTORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STERLING, ITS AFFILIATES, OR A PROGRAM (A) BE LIABLE FOR ANY SUBROGATION CLAIM BROUGHT BY THE CUSTOMER'S INSURANCE CARRIER OR (B) BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE OFFER. IF THERE HAS BEEN NO OFFER, THEN STERLING'S, ITS AFFILIATES', OR A PROGRAM'S LIABILITY SHALL NOT EXCEED TWENTY DOLLARS AND NO CENTS ($20.00). THIS LIMITATION OF LIABILITY SHALL BE BINDING ON EACH AND EVERY CUSTOMER AND ON ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE CUSTOMER'S SUCCESSORS, ASSIGNS, INSURANCE CARRIERS AND ANY OTHER INDIVIDUAL OR ENTITY ASSERTING ANY RIGHT OR CLAIM RELATING TO CUSTOMER'S TRANSACTION.
9. Indemnity. You agree to defend, indemnify and hold harmless Sterling, its affiliates, service providers, suppliers, contractors 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 Terms and/or your participation in the Program. The foregoing indemnification obligation shall survive termination of these Terms and the conclusion of the purchase of any of your Items under the Program.
10. Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. You agree that any dispute concerning these Terms shall be brought in a Court of competent jurisdiction in Summit County, Ohio. Sterling shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed, or attempted to be filed, in any jurisdiction outside of the State of Ohio, including but not limited to, attorney's fees incurred by Sterling. 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 Sterling must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
11. General. No waiver by Us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such portion shall be severed from the remaining parts of these Terms, and the other provisions of these Terms will remain in full force and effect. Sterling shall not be liable for any nonperformance or delay in performance caused by any act beyond its 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 changes in any law, regulation, ordinance), or other act or order of any court, government, or governmental agency, or delays, unavailability, errors or other failures of the Internet or data networks.
LAST REVISED: March, 2016.