Gold Rush - Terms & Conditions

Gold Rush
Terms & Conditions

1. Personal Requirements and Ownership of Merchandise:
You agree that you are at least 18 years of age, or 19 if you reside in Nebraska or Alabama, or 21 if you reside in Mississippi. You agree that you are the legal owner of the merchandise you wish to sell to us. You also agree that you are acting on your own behalf, and not acting as anyone’s agent or representative. You further agree that the merchandise you are offering for sale is free and clear of any and all claims, liens, or any other impairment that may adversely affect the value of the merchandise or your ability to lawfully sell it to us.

You agree to exclusively use the shipping forms and methods specified on the Gold Rush web site. Any deviation from the specific direction given on the web site shall give us the authority to rescind the transaction and return the items to you. Gold Rush is not responsible for any loss or damage to your item(s) which may occur during shipment.

2. Receipt and Processing of Merchandise:
We operate an internet drop off store as that is defined by the laws of the State of Michigan, where we are licensed to do business. We do not physically transact business at that physical address. All transactions are done through direct mail and/or shipping and by means of the internet as specified on our web site.

We will assess the value of your merchandise based upon current market conditions at the time we receive your merchandise, and consistent with our Big Bounty Guarantee. The Big Bounty Guarantee represents our commitment to provide you with a better price than our competitors under essentially similar market conditions. The Guarantee will not apply if subsequent to our price quote market conditions change so as to make realistic price comparisons impossible."

We will maintain records of the sale or purchase of your merchandise for a minimum of 2 years from the date of the transaction, which records shall contain a description, including a photograph, if available, and, if applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the merchandise.

We reserve the right, in our sole discretion and with notice to you, to reject any inbound package that appears to have been tampered with prior to delivery. Any inbound package that we reject for this or any other reason, in our sole discretion, will not be deemed to have been received by us.

The Extra Rushed Gold Rush option enables you to print a FedEx shipping label for an Express Saver shipment. You must drop the package off at the nearest FedEx drop box. Customers who select the Extra Rushed Gold Rush option are subject to FedEx.com’s Terms of Use. To view, please visit www.FedEx.com

3. Settlement and Payment:
Payment for your merchandise will be made by means of company check or other electronic payment system, as more specifically described in our web site. Under no circumstances will payment be made in cash. Our payment obligation is fulfilled once we mail a check to the address you provide. If, for any reason, you do not receive the payment within 14 days, you must contact us to arrange for payment. Failure to contact us, or to cash the check which you received, within that 14 day period forfeits whatever rights you may have to payment.

The transaction for your merchandise becomes final upon payment by us. Once payment is made, the transaction becomes final. We will own the merchandise. At that point you will have no right to decline payment or claim that the merchandise be returned to you and the merchandise may be destroyed in accordance with our procedures, which include melting and refining. By agreeing to these terms and conditions you expressly waive any rights of rescission or grace period you may have under applicable Consumer Protection Laws.

Customers who select the Direct Deposit option must note that the electronic payment is processed through Bank of America which is closed on many federal holidays and on weekends. All financial institutions are closed on these days. This may result in a delay of your payment by one or more business days. Although Gold Rush initiates and releases batches on these dates, we cannot assign effective dates to Direct Deposit payments that fall on a federal holiday or a weekend. Additionally, the accrual of the Direct Deposit in the customer’s account may take longer than one business day depending on terms, policies and procedures of the customer’s bank.

4. Returned Merchandise:
In the event that your merchandise is returned to you in accordance with these Terms and Conditions, we will ship it to you at your address as it appears in our records, at your expense.

5. Electronic Signatures:

For purposes of this transaction, you hereby agree to the use of electronic signatures, receipt of notices by email, use of electronic contracts, and to fully accept the terms and conditions contained herein.

6. Limitation of Liability:
In the event of a claim against us by you, you agree that the legal limit of our liability to you shall not exceed 1/3 the value of the merchandise submitted by you or One Hundred Dollars ($100.00), whichever is less. If you do not provide us with a sales slip or appraisal issued prior to your shipment to us for the merchandise, the value of your merchandise will be liquidation value. Should your item(s) become lost in the mail, you must provide written proof of shipment and an itemized list of the missing shipment's contents in the form of a sales slip or written appraisal, complete with a full description of each item(s). Failure to comply fully with each of these requirements will forfeit any right you may have to compensation of any kind for the item(s).

The Guarantees provided on our web site and incorporated herein only apply where you ship the merchandise in the exact manner provided by us.

Except as specifically provided herein, we shall have no liability to you whatsoever, whether arising in connection with your use of our web site, loss of your merchandise, or any other reason, including but not limited to any act or omission on our part.

7. Choice of Laws, Waiver, and Claims:
This agreement shall be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions will not be deemed to be a waiver of such right or provision. If any provision of these Terms and Conditions is 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 herein shall remain in full force and effect. Any dispute arising from this transaction must be brought to our attention in writing within one (1) year from the date of the transaction or be forever barred. Any such claim or cause of action must be filed in the State of Michigan, and you hereby waive all defenses of lack of personal jurisdiction and forum non-convenience.

8. Miscellaneous:
You agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further agree that any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you for any purpose required in these Terms and Conditions.

We reserve the right to change these Terms and Conditions and the content of our web site at any time.

We are organized to do business in the State of Michigan and are governed by the laws of the State of Michigan.

Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified herein, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our web site or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other storms.