TERMS & CONDITIONS
The following Terms and Conditions govern each transaction between Gold Geek Inc. and SELLER and are legally binding on Seller, and/or Seller’s agent(s).
SELLER: the individual, individuals, entity, entities, agent or agent(s) of such individual, individuals, entity, entities, transacting business with COMPANY.
COMPANY: Gold Geek Inc. a Delaware Corporation.
GOODS: Jewelry, Precious Metals, etc. that are the subject of the transaction between SELLER and Gold Geek Inc.
- WARRANTIES AND REPRESENTATIONS
2A. SELLER represents and warrants to Gold Geek Inc. as follows:
- The information SELLER submits to Gold Geek Inc. is true and accurate and agrees to comply with these TERMS AND CONDITIONS in good faith;
- SELLER has good and marketable title to the GOODS, free and clear to all liens, encumbrances, liabilities and adverse claims of any and all legal, or otherwise, nature and description. Gold Geek Inc. expressly reserves the right to request documentation of such ownership;
- The GOODS are lawfully owned by SELLER and were not acquired by, or as a result of, any and all illegal activity as defined by the State of New York, the fifty (50) States of the United States of America, and by the United States of America;
- SELLER is at least eighteen (18) years of age at the time of the transaction;
- SELLER shall provide a true and accurate copy of SELLER’s government-issued form of photographic identification. The Gold Geek Inc. expressly reserves the right to require further identification and/or information. Gold Geek Inc. expressly reserves the right to void, delay, or otherwise cancel any transaction in the event that SELLER fails to provide such required information to Gold Geek Inc.’s sole satisfaction. Furthermore, if SELLER fails to provide Gold Geek Inc. with such required information, fails to respond to any request for additional information or fails to request the return of the GOODS within thirty (30) days following such request from Gold Geek Inc., such GOODS may be deemed abandoned and thereafter relinquished to the [OFFICE OF THE NEW YORK STATE COMPTROLLER – Unclaimed Funds Division];
- SELLER shall provide a detailed description of the GOODS, including but limited to, type of metal, identifying marks such as monograms or inscriptions, and SELLER’s name and address;
- SELLER waives any claims against Gold Geek Inc., and agrees to indemnify and hold Gold Geek Inc. harmless from, any and all claims resulting in investigations by any law enforcement authorities;
- SELLER is making all decisions regarding the transaction with free will and has sufficient experience and knowledge to make informed decisions regarding the transaction;
- SELLER acknowledges that the value of GOODS is affected by many economic factors, including but limited to, the current market value of precious metals, the perceived scarcity of precious metals, quality of GOODS, current demand, and general market factors;
- SELLER shall indemnify and hold harmless Gold Geek Inc., its affiliates, directors, officers, executives, shareholders, agents, employees (collectively the “Indemnified Parties), from and against any and all costs, damages, expenses, liabilities and obligations, including, but not limited to reasonable attorney’s fees, that the Indemnified Parties may incur as a result of, in connection with, (a) any breach of any representation or warranty made by SELLER to Gold Geek Inc. or (b) SELLER’s failure to comply with this TERMS AND CONDITIONS or the policies adopted by Gold Geek Inc..
2B. Gold Geek Inc. represents and warrants to SELLER as follows:
A. Gold Geek Inc. possesses and uses scales that are approved by the New York State Department of Agriculture and Markets, that display divisions equal to or smaller than .01 troy ounce (oz t) and are marked as Class II or III, pursuant to 1 NYCRR § 220.1(a), and SELLER shall be informed of the troy weight of the GOODs, pursuant to 6 RCNY § 3-81;
B. Gold Geek Inc. shall lock the purchasing price of GOODS at the time a confirmation number is generated. Confirmation numbers shall only be generated once all required and requested documents have been received and approved upon Gold Geek Inc.’s satisfaction. Upon the generation of a confirmation number, the transaction may not be canceled by SELLER, but only offset at Gold Geek Inc.’s current purchasing price. Any deficiencies between the price at which Gold Geek Inc. purchased the GOODS from SELLER and the offsetting purchase price and/or prices is SELLER’s responsibility if Gold Geek Inc. does not receive SELLER’s GOODS as per Gold Geek Inc.’s MARKET LOSS POLICY. That amount will be charged to SELLER, plus a $100.00 cancellation fee. Any market gain on cancellations shall remain the property of Gold Geek Inc. Gold Geek Inc. reserves the right to refuse an order when the confirmed price is incorrect, due to computer-related errors, pricing error, incorrect GOODS descriptions or sudden movements in the precious metals market. Furthermore, Gold Geek Inc. reserves the right to refuse or cancel any order deemed questionable, suspicious, or of significant risk to Gold Geek Inc.
- MARKET LOSS POLICY
Upon issuance of a confirmation number from Gold Geek Inc., the price is guaranteed, and SELLER may not cancel the transaction. The transaction may only be offset at Gold Geek Inc.’s current purchase price. If SELLER cancels the transaction, SELLER is responsible for the deficit between the price at which Gold Geek Inc. locked at the time of the generation of the confirmation number and the offsetting purchase price. All cancellations are subject to Gold Geek Inc.’s market loss policy. Market gains on cancellations or returns shall remain the property of Gold Geek Inc.
Without limiting any other legal or equitable rights and remedies that may be available to Gold Geek Inc., Gold Geek Inc. may elect to apply any and all of SELLER’s GOODS in its possession to satisfy SELLER’s monetary obligations and/or may offset any obligations that Gold geek Inc. may have to SELLER. Gold Geek Inc. also reserves the right, in its sole and absolute discretion, to apply any/all GOODS in its possession toward the satisfaction of SELLER’s obligations to Gold Geek Inc.
- PRICE MATCH GUARANTEE
Gold Geek Inc. will match any written bona fide offer from other ‘mail in’ gold buyers dated within five business days of Gold Geek Inc.’s appraisal.
- DISCLAIMER OF ALL WARRANTIES
DISCLAIMER. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 2B ABOVE, Gold Geek Inc. MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SELLER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY Gold Geek Inc., OR ANY OTHER PERSON ON Gold Geek Inc.’s BEHALF.
- LIMITATION OF LIABILITY
SELLER is subject to the limitations of liability contained in these TERMS AND CONDITIONS, and other policies adopted by Gold Geek Inc.
In the event that, notwithstanding such limitations of liability, Gold Geek Inc. is judicially and/or administratively determined to be liable to SELLER in connection with any transaction between Gold Geek Inc. and SELLER pursuant to these TERMS AND CONDITIONS, the liability of Gold Geek Inc. to SELLER shall be limited to the greater of (a) the amount, if any, that SELLER paid in such transaction or (b) $100. Gold Geek Inc. shall not, in any event, be liable for any consequential, exemplary or indirect damages.
- COMPLIANCE WITH GOVERNMENT AGENCIES
The State of New York and the United States of America require Gold Geek Inc. to obtain a true and accurate copy of SELLER’s Government-issued form of identification, including the identification number, and a signed and sworn statement in order to process your payment, pursuant to 6 RCNY § 2-101. SELLER’s failure to provide such information shall void the transaction.
- FIFTEEN (15) DAY HOLDING PERIOD
GOODS, including but not limited to gold, silver, precious metals, and jewelry will not be sold, refined, melted or disposed until the expiration of the fifteen (15) days after such purchase pursuant to NYC Code §20-268(e), (d).
- ABSENCE OF RELATIONSHIP
The sole relationship between Gold Geek Inc. and SELLER is a purchaser-seller relationship. No other relationship, including but not limited to, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership, between Gold Geek Inc. and SELLER exists.
- DISPUTE RESOLUTION
A. Confidential Binding Arbitration. To the extent permitted by applicable law, SELLER hereby expressly waivers SELLER’s right to a trial by jury in any proceeding or litigation brought against Gold Geek Inc. with respect to any transactions and/or these TERMS AND CONDITIONS. All disputes and all disagreements arising out of or relating to these TERMS AND CONDITIONS (including formation, performance, or alleged breach) will be exclusively resolved under confidential binding arbitration held in New York City, New York in accordance with the Rules of the American Arbitration Association. SELLER hereby consents to personal jurisdiction for the purpose of resolving such disputes and such disagreements and waives all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TERMS AND CONDITIONS will be joined to an arbitration involving any other party subject to these TERMS AND CONDITIONS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Gold Geek Inc. will have the right to seek injunctive or other equitable relief in state or federal court located New York City, New York to enforce these TERMS AND CONDITIONS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, SELLER hereby irrevocably submits to the personal jurisdiction of such and waive all objections to the jurisdiction. These TERMS AND CONDITIONS shall be governed by, and interpreted in accordance with, the laws of the State of New York, without regard to conflict of laws principles.
B. Waiver of collective or class action rights. SELLER HEREBY IRREVOCABLY WAIVES ANY RIGHT SELLER MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY.
C. SELLER obligations. In the event that Gold Geek Inc. takes any action against SELLER, arising out of and/or to enforce SELLER’s obligations under these TERMS AND CONDITIONS, SELLER expressly agrees to pay all of the associated costs and the expenses incurred by Gold Geek Inc., including, without limitation, reasonable attorneys’ fees, in connection with such action. SELLER expressly agrees to execute and deliver any/all documents and take such other actions as may be reasonably requested by Gold Geek Inc. to carry out these TERMS AND CONDITIONS.
- FORCE MAJEURE
If Gold Geek Inc. cannot perform any obligation hereunder as a result of any event that is beyond its control, Gold Geek Inc.’s delay or failure to perform such obligation shall be excused and Gold Geek Inc. shall not be liable for any damages as a result of, or in connection with, such delay or such failure. Gold Geek Inc. SHALL NOT HAVE ANY LIABILITY TO SELLER WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
All notices and communications to Gold Geek Inc. shall be directed to it at 30 West 47th Street, Suite 802, New York, NY 10036 and all notices and other communications to SELLER shall be directed, at the option of Gold Geek Inc., to the address that SELLER provided to Gold Geek Inc. at the time of transaction.
- RECORDING OF PHONE CONVERSATIONS
Gold Geek Inc. may record phone conversations between Gold Geek Inc. and SELLER. SELLER consents to the recording of such phone conversations.
- ABSENCE OF WAIVERS
A decision or failure by Gold Geek Inc. to take action with respect to any non-compliance with these TERMS AND CONDITIONS does not waive Gold Geek Inc.’s right to enforce these TERMS AND CONDITIONS.
If any provision of these TERMS AND CONDITIONS are 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 these TERMS AND CONDITIONS remain in full force and effect.
- ENTIRE AGREEMENT
These TERMS AND CONDITIONS constitutes the entire agreement between SELLER and Gold Geek Inc., superseding any prior agreements.
Gold Geek Inc. hereby incorporates its Best Price Guarantee Policy into these TERMS AND CONDITIONS. These TERMS AND CONDITIONS and its incorporated Best Price Guarantee Policy constitutes the entire agreement between the parties with respect to the use of its associated services and products. SELLER acknowledges and agrees that any additional provisions that may appear in any communication from SELLER will not bind Gold Geek Inc.
- STATUTE OF LIMITATIONS
SELLER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF/OR RELATED TO THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved to Gold Geek Inc.