Terms & Conditions

The Terms and Conditions contained herein ("The Agreement") shall be binding on you and each and every customer ("Customer" or "Seller" or "You" or "Your") of Simply Gold Inc. Inc. These Terms & Conditions are subject to change without notice.

 

Requirements For Use

You must be at least eighteen (18) years of age (residents of Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Prince Edward Island) and at least nineteen (19) years of age (residents of the rest of Canada) in order to sell jewellery or other Precious Metal items to Us. In addition, You must provide Your name, address, telephone number and e-mail address.  No P.O. Box address is acceptable. We will only ship to a Canadian address.  You must be the actual legal owner of any and all Precious Metals, jewellery, or other property sold or attempted to be sold to Us, and You must have absolute authority to sell that merchandise and must be acting on Your own behalf and not as an agent or representative of any other person or any company. We may request documentation of proof of identity, age or ownership.

 

We purchase Your gold, platinum and silver ("Precious Metals") for refining only. The payout value We pay to each Seller is based upon the total weight and purity or karat grade (pure Precious Metal content) contained in the material purchased, and the Precious Metal market value according to the last quotation of the London Fix (the price at which gold and other Precious Metals is set during two daily bidding sessions in London) for the respective Precious Metal on the day Your package is received by Us and logged into Our facility. Any necessary foreign exchange will be calculated using the exchange rate published by the Bank of Canada at closing on the business day immediately preceding the day Your package is received by Us and logged into Our facility.  Notwithstanding the foregoing, the price that We offer to You might not be the current market price of gold or other Precious Metals.  Our payout to You is not based on the material's potential value if resold intact. We do not recognize nor pay for any sentimental value, real or perceived. We will not pay for pearls, gemstones, or any other non-Precious Metal material in the jewellery. We are compliant with Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act.  This means that We keep records in accordance with legal requirements and certain transactions may be subject to government reporting.

 

Please note that We will only pay You for the Precious Metals in Your goods.  We will not pay You for or return to You any non-Precious Metal substances, which includes but is not limited to gemstones, costume jewellery, and plated jewellery.  If You wish to have these gemstones removed prior to sending in Your Precious Metals, We urge You to do so. We also will not accept or provide any payments for watches, timepieces or coins that are current and legal tender in Canada or elsewhere. You also acknowledge that Simply Gold will test the gold or any precious metal and may required to remove any stones, clips, clasps or teeth as part of the process which will change the appearance of, or damage the precious metal items.

 

Limitation of Liability

This limitation of liability shall be binding on each and every Customer and on any third party, including, but not limited to, the Customer and the Customer's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to the Customer's transaction with Us.

No Liability for Property in Our Possession: In no event shall We be liable for any damages from the loss or destruction of property in Our possession for any reason - including negligence - except as stated in this Agreement. In no event shall We be liable to any third party, including any insurance carrier, nor shall We be liable for any subrogation claim brought by the Customer's insurance carrier. By submitting an item to Us, the Customer expressly and specifically waives any such subrogation claim on his or her behalf, as well as on the behalf of his or her insurance carrier.

 

Disclaimers

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY GOLD CHART DATA APPEARING ON THIS SITE.  ANY SUCH DATA IS PREPARED BY THIRD PARTIES, AND IS INCLUDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.

 

YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.

 

SOME PROVINCES, TERRITORIES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU

 

Insurance Limitations on Property Shipped

We shall not assume any liability for the loss of Your goods until they have been received by us and logged into Our facility, using a valid shipping label obtained from Us.  Your goods will be insured with Canada Post for a maximum value of one hundred dollars ($100). It is Your responsibility to have Canada Post electronically scan Your package into their tracking system to ensure that they have accepted possession of the package. Any merchandise returned to You will be insured for the amount of the appraised value as determined by Us, up to a maximum of $500. 

 

Claims for any losses that occur during shipment to Us must be made directly with the carrier and/or its insurance company.

 

No Other Liability: We shall not be liable to anyone for any incidental, consequential, punitive, loss of profit or opportunity damages. By submitting Your goods to Us, You explicitly and expressly accept this limitation of liability.

 

Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of the Province of Quebec and the laws of Canada, as applicable, without regard to its conflict of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.  Our failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. 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 Us must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Subject to any applicable law, any such claim or cause of action must be filed in the courts of the Province of Quebec, district of Montreal. Each party consents to the venue and jurisdiction of said courts.  You shall indemnify Us for any and all costs incurred by Us in defending any civil action filed by You or on Your behalf, or attempted to be filed by You or on Your behalf, in any jurisdiction outside of Montreal, Quebec, including but not limited to, attorneys’ fees incurred by Us.  You hereby expressly waive any right to trial by jury.

 

Indemnity

You agree to indemnify and hold Us, Our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of Our website, or its content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set out herein.

 

These Terms and Conditions are subject to change. We recommend that you revisit our website, simplygold.ca, periodically to ensure that you are aware of our current Terms and Conditions.

 

Last revision:  May , 2023

 

Privacy

Because we respect your privacy, we have procedures to ensure that your personal information is handled in a safe, secure, and responsible manner. All information gathered by Simply Gold is strictly confidential and will not be distributed to any other company or individual. The information will be used only for internal order fulfillment and marketing purposes.

 

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