1. We offer to assess and purchase your property on the terms and conditions set out below. By sending us your property, you accept these terms and conditions.
  2. The terms and conditions below are legally binding on you as a customer in relation to the potential assessment and sale of any items (the "Property") which you send to Gold Exchange Company ("Gold Exchange", "we" or "us"), ABN 43563371256.
  3. You warrant to Gold Exchange that –
    1. you are at least eighteen (18) years of age;
    2. you are resident in Australia;
    3. you are an individual who under these terms and conditions  is not acting for the purposes of your trade, business or profession;
    4. you have good and marketable title to the Property;
    5. the Property is sold free of all liens, encumbrances, liabilities, and adverse claims of any kind;
    6. the Property is not from, or the result of, illegal activity;
    7. any transaction initiated by you will not cause Gold Exchange to be in violation of any laws or regulations;
    8. you are the actual legal owner of and have full authority to sell the Property to Gold Exchange (Gold Exchange may, but shall not be required to, ask you to provide documentation or other proof of such ownership); and
    9. you are acting on your own behalf and not as the agent or representative of another person.
  4. You will be required to provide valid photo identification with any Property sent to the Gold Exchange.
  5. All Property sent to Gold Exchange by you must be sent in the provided packaging (the "Gold Mail Pack").
  6. The tracking applications of the third party carrier, Australia Post or Air Express, will be the sole proof that the Property was mailed to Gold Exchange. We also strongly advise that you provide the number of items on the customer form which you must return to us.
    If you do not use the Gold Mail Pack and pay for any postage to send your Property to Gold Exchange, an additional $10 will be added to the price quoted.
  7. By using the Gold Mail Pack, the Property may be insured for up to $10,000 by Australia Post or Air Express. Before posting the Gold Mail Pack we will discuss with you and determine how much the Property will be insured for. You must hand in the Gold Mail Pack provided by Australia Post or Air Express special delivery envelope at a Post Office branch or to your collection driver to get a signed receipt as proof of posting and to be covered by the pre-paid insurance. If you wish to insure your Property for more than the amount determined by us, you must do so at your own expense.
  8. In the event your Property is lost or stolen prior to reaching Gold Exchange you must make a claim against Australia Post or Air Express.
  9. Gold Exchange reserves the right to reject delivery of any package which appears to be damaged, opened, or tampered with on delivery. Any such item will be returned to you without any liability to Gold Exchange. For the avoidance of doubt, Gold Exchange does not accept responsibility for any loss, theft or damage to any Property arising from their carriage by the postal or delivery service.
  10. Gold Exchange purchases precious metals such as second hand jewellery for refining, not for resale, however Gold Exchange will have absolute discretion to resale the Property if it determines to do so. Gold Exchange does not purchase silver, unless Gold Exchange has agreed with you to purchase silver prior to posting. Prices are based solely on the weight and carat grade in the jewellery upon testing by us, not on its potential value if resold intact.
  11. By sending us your Property, you accept that the process of determining a value may involve:
    1. placing certain acids on your Property and that this can leave permanent staining and/or deep scratches; and
    2. separating different materials or carat grades in the items included in your Property (including but not limited to watches and items containing different materials or carat grades, stones or non-precious materials). Such items may be destroyed and are not recoverable intact if you decide to reject our valuation of your Property pursuant to clause 25.
  12. Unless otherwise agreed by us with you, Gold Exchange does not purchase precious or semi-precious stones; therefore, you are encouraged to remove any precious or semi-precious stones from your Property prior to posting of your Property to Gold Exchange. Gold Exchange will not be held responsible for loss or damaged precious or semi-precious stones contained in your Property that is sent to us for valuation.
  13. Gold Exchange does not purchase costume jewellery or items not containing precious metals. After assessment, Gold Exchange will send you a notification by email (if you have provided Gold Exchange with an email address) or by post informing you that the Property does not contain precious metals. Please note that items not containing precious metals will not be returned by Gold Exchange, except if you request via phone or email that these items be returned to you within fourteen (14) days of the date when we informed you that the Property does not contain precious metals. (For the avoidance of doubt, this period starts on the day we send the notification to you and not on the day you receive it. We strongly advise that you provide us with an email address so that you receive the notification as soon as possible).
  14. If you have requested the return of Property which does not contain precious metals by phone or email (as above) within the prescribed period, it will be sent out within fourteen (14) days of the date of your request.
  15. You agree not to send in any hazardous materials irrespective of how they are contained or presented especially those containing: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other toxic elements.
  16. We will not be liable for any loss or damage caused to your Property as described in clauses 9 to 14, save where it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
  17. For the avoidance of doubt, we are not responsible for any indirect or consequential losses of whatever kind which happen as a result of any loss or damage by us, including, but not limited to:
    1. loss of income or revenue;
    2. loss of business;
    3. loss of anticipated savings; or
    4. loss of data.
  18. Without prejudice of any other of these conditions, any liability of Gold Exchange to you shall be limited to the unwrought value by weight of the precious metal comprised in the Property ("unwrought" means the precious metal in its native state, before being worked on). We will not be liable for any loss or damage to materials contained in your Property that Gold Exchange does not offer to purchase, including but not limited to silver, stones and non-precious metals.
  19. Notwithstanding any other clause in these terms and conditions and subject to clauses 15 and 16, Gold Exchange will not be liable to you for any damages or losses incurred by you whether in torts, contracts or common law greater than the amount of for which the Property was insured.
  20. Once your Property has been received by Gold Exchange, your Property will be assessed within 7 days of receipt of the Property by Gold Exchange. Gold Exchange will notify you by telephone or email of the price for the Property.
  21. Gold Exchange’s notification in clause 19 will be deemed to constitute an offer by Gold Exchange that we are willing to purchase the Property from you in consideration for payment of the price quoted.
  22. If you instruct Gold Exchange by telephone or email that you approve of the price quoted, you will be deemed to have accepted the offer in accordance with these terms and conditions in consideration for the payment of the price quoted.
  23. Payment will be issued to you within two (2) days of you agreeing to the price quoted in clause 21via the method you have selected (cheque or bank transfer). The day on which we issue payment is the "Payment Date". Gold Exchange will send you a notification by email (if you have provided Gold Exchange with an email address) or by post confirming that we want to buy the Property from you and the amount of your payment on the Payment Date.
  24. Items are delivered to Gold Exchange five (5) days per week, Monday through to Friday, exclusive of UK bank holidays or weekends. In the event the two (2) day period referred to above would extend into a weekend or holiday, your Property will be processed the first business day following the holiday or weekend. The two (2) day period does not include the time it takes for your payment to be delivered to you.
  25. If you instruct Gold Exchange by telephone or email (after an offer of the price quoted) that you do not accept the offer and want all or any of the Property returned to you, Gold Exchange will send to you at the address stated on the Gold Mail Pack form, within seven (7) days of the date of receiving your instructions at the sole expense of the Gold Exchange.
  26. If you neither accept or reject the offer by Gold Exchange by telephone or email after the offer is made, you will be deemed to have directed and authorised the Gold Exchange to retain possession of the Property as bailee, for and on behalf of you. During the term of that bailment, Gold Exchange does not and will not accept any responsibility for the loss, theft or damage to any Property the subject of the bailment.
  27. If, after twenty eight (28) days of the date on which the offer was made by Gold Exchange you have neither accepted or rejected the offer in respect of the Property, Gold Exchange may at its absolute discretion return the Property to you at the address stated on the Gold Mail Pack without any prior notice or communication to you.
  28. These terms and conditions shall be governed by New South Wales law and be subject to the non-exclusive jurisdiction of the New South Wales courts.
  29. Gold Exchange's failure to exercise or enforce any right or provision of the terms and conditions will not be deemed to be a waiver of such right or provision.
  30. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
  31. We may transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
  32. We reserve the right to change these terms and conditions from time to time and advise you to revisit our website, goldexchange.net.au, periodically to ensure that you are aware of our current terms and conditions. Additionally, we will prominently note on our website that our terms and conditions have been changed.
  33. You will be subject to the policies and terms and conditions in force at the time that you sell your Property to us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

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