Terms and Conditions Top Cash for Gold
These terms and conditions are legally binding on the customer concerning the transit, assessment and sale of any items sent to Top Cash For Gold. Please note that this is a correspondence address only and no gold is assessed, processed or stored at this property. For the purposes of clarity the following abbreviations will be used throughout this document;
- "We" and "Us" shall mean Top Cash For Gold.
- "You" shall mean yourself, the customer, and the party agreeing to be bound by these legally binding terms and conditions.
- "The Property" shall mean any items or property forwarded to Top Cash For Gold in the interest of selling them to same.
- "The Gold Pack" shall mean the packaging sent to You whether Special Delivery packs provided by Royal Mail or otherwise for containing the Property during transit.
- "The Payment Information Form" shall mean the form sent to You along with the Gold Pack following our initial communication.
1. Conditions Of Use
You warrant to us that
- 1.1 You are resident in the United Kingdom in its entirety including Northern Ireland;
- 1.2 You are at least eighteen (18) years of age;
- 1.3 You are the rightful legal owner of the Property and have full and unrestricted authority to sell the Property to Us (We may request but shall not be required to ask for documentation or other written or official evidence or proof of such ownership);
- 1.4 The Property is not obtained nor purchased using funds generated from or the result of illegal activities or income in any part of the United Kingdom nor any other country;
- 1.5 The Property is sold free of all encumbrances, liabilities and adverse claims whatsoever;
- 1.6 You undertake to inform Us of any claims or interests held in the Property by any third party prior to the completion of any transaction;
- 1.7 You are the full rightful and legal owner to one hundred percent (100%) of the Property unless otherwise advised under the terms of item 1.6 above;
- 1.8 You are acting on in your own interest and on your own behalf and not as the agent or representative of another person, company, business or legal entity or party of any kind.
- 1.9 You undertake to inform Us of any arrangement whereby you are acting on behalf of another person, company, business or legal entity or party of any kind prior to completion of any transaction.
- 1.10 You agree that We shall be free from any liability or charge of any kind whatsoever resulting as inaccurate or misleading representations or false statements or a breach of these terms and conditions made by You whether intentional or otherwise.
- 1.11 You agree that once You request a Gold Pack from Us that we may retain your information for marketing purposes and should notify us in writing should you not require any information on our offers and promotions.
2. Shipping and Insurance
- 2.1 The Property sent by You to Us must be sent in the Gold Pack and via Royal Mail Special Delivery service or other trackable and traceable third-party courier approved prior to postage by Us in writing. The data provided by and contained in the tracking systems and software of couriers such as Royal Mail will be the sole proof that the Property was mailed to Us and that the receipt provided by such courier should be retained by You to ensure comprehensive records of any such postage are maintained.
- 2.2 The Gold Pack is insured by Royal Mail for the sum of £500 (five hundred pounds Sterling) if couriered by them. In order for this insurance to be valid You should seal the Gold Pack using the self stick adhesive strip and deliver the Gold Pack containing the Property and the Gold Form to a Royal Mail Post Office or Royal Mail Collection Driver and retain the signed receipt provided by same as proof of postage and to be eligible for insurance.
- 2.3 Should You wish to increase the insurance beyond the value of £500 (five hundred pounds Sterling) up to a maximum of £2,500 then You must do so at your own expense and doing so may require you to provide or obtain a new secure package for transport of the Property.
- 2.4 Any additional Royal Mail Insurance paid for by You prior to postage may be reclaimed from Us only once a sale of the Property has been agreed and only upon provision of the original Royal Mail receipt provided by the Post Office or Collection Driver at the time of postage and forwarded within the Gold Pack. Any failure to provide this receipt at this initial stage will render any claim for Postal Insurance invalid.
- 2.5 You agree if possible to list the number of enclosed items comprising the Property on the Gold Form prior to postage in order that we can confirm this number to you upon receipt.
- 2.6 All claims for the Property should it be lost, stolen, broken, damaged, tampered with or otherwise must be made against Royal Mail or the courier used.
- 2.7 We reserve the right to reject delivery of any package from any courier including Royal Mail for any reason whatsoever at our absolute discretion including but not limited to damage, opening, tampering or altering.
- 2.8 The return to you of the Property or the Gold Pack or both shall be a matter for You and the courier and without any liability or responsibility to Us.
3. The Property Once We Have Taken Delivery
- 3.1 We purchase items such as but not limited to broken gold and jewellery and not for resale as individual items and reserve the right to make valuations of the Property based on but not restricted by in any way our own valuation of the scrap weight of any gold contained regardless of any official market prices.
- 3.2 We pay prices based on our own valuation of the items in question and You agree that We have no legal obligation to pay any more or less than our own valuation.
- 3.3 The valuation made by Us may in some instances be lower than the resale value if sold as an individual item.
- 3.4 Once We have taken delivery of the Property then We become immediately forthwith legal owners of said Property and You agree to forgo any legal rights to the Property from this point onwards.
- 3.5 We agree and undertake to make a fair valuation of the Property and forward a payment to You in the sum of this valuation by way of cheque, cash or bank transfer or other suitable method without any further notice within a period of 5 (five) days of delivery of the Property.
- 3.6 We are not required to provide You with a detailed breakdown of item numbers, weights or gold purities and will make a single payment to you for scrap and broken gold as one comprehensive transaction.
- 3.7 We reserve the right to sell the Property as scrap or intact or otherwise once the Property becomes the property of Us and in any way that we deem fit for the commercial purposes of Our business.
- 3.8 You accept that by sending us the Property that certain destructive procedures may be needed in order to correctly ascertain and calculate the value of the Property and that this may include but not be limited to the destruction or watch glasses and movements, acid testing and resulting serious staining, deep scratches, breaking, crushing or removal of stones and You agree that any such procedures are acceptable and that no compensation will be made by Us nor any liability remain in the event that our valuation of the Property is not accepted and that We have no liability for any loss of value caused by the assessment procedures carried out on the Property by Us.
- 3.9 You undertake to remove any watch glass, movement, stone or other non precious metal materials from the Property prior to postage if you wish to retain or maintain the same.
- 3.10 We reserve the right to dispose of or retain any precious or semi-precious materials not including gold or platinum contained within the Property without any compensation payable to You. This does not include our valuation of the scrap gold contained within the Property.
- 3.11 We do not buy costume jewellery made from non precious metals and We will not return items not containing gold or platinum unless you request the return of these items in writing within 5 (five) days of delivery and pay Us the minimum fee of £10 (ten pounds) in advance.
4. Limitation Of Liability
- 4.1 We will not be liable for any loss of damage caused to your Property described in Clause 3 save where caused by unrelated or unnecessary or unjustifiable negligence.
- 4.2 These terms and conditions do not affect in any way our liability for:
- a) Death or personal injury caused as a direct result of our negligence;
- b) Fraud or fraudulent misrepresentation;
- c) Any other matter or act for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- 4.3 We are not responsible for indirect losses which happen as an effect of the main damage including but not limited to:
- a) Loss of income, profits or revenue
- b) Loss of business
- c) Loss of anticipated savings
- d) Loss of data or
- e) Any waste of time. However this clause 4.3 does not prevent claims for foreseeable loss of or damage to your physical property.
- 4.4 Without prejudice of any other of these conditions, any liability of Us to You shall be limited to a total of £100 plus VAT where applicable at the prevailing rate at the time of delivery.
- 4.5 If you wish to submit a claim for loss or damage to the Property to You, you must notify us to request a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Us in accordance with the instructions and provision/inclusion of any additional supporting information or images.
5. Processing Transactions
- 5.1 Once the Property has been received by Us the Property immediately becomes the legal, unencumbered property of Top Cash For Gold and/or any assigned agent thereof.
- 5.2 The Gold Packs are delivered 5 days a week Monday through Friday not including any Bank Holidays or other closure days.
- 5.3 The payment for the Property will include VAT where applicable and will be made within 5 days of valuation.
6. Cancellation & Return
- 6.1 You may request the return of the Property, provided this request is made on the same day that We have made You an offer of payment for the Property.
- 6.2 You may request the return of the Property, provided we have made no payment to You for this Property.
- 6.3 We agree that if the conditions set out in Clause 6.1 and 6.2 are met that we will return the Property to You and waive our legal rights to the Property.
- 6.4 Failure by You to adhere to the conditions stated in Clause 6.1 and 6.2 may result in the Property being sold at the absolute discretion of Us.
- 6.5 We reserve the right to process the Property for refinery as soon as We become legal owner of the Property as detailed in clause 3.4 and without any further notice or liability to You.
- 6.6 You agree that We will not be liable under any circumstances whatsoever for the return of non-gold or non-precious items that may or may not be discarded or damaged during Our assessment of the Property and that such items may be destroyed immediately upon identification without any notice or warning or resulting liability to You.
- 6.7 We reserve the right to change these Terms and Conditions without notice to You.
7. Ownership
- 7.1 Full legal ownership of the Property will pass to Us once delivery has been made to Us.
- 7.2 If the Property is lost or stolen before valuation and you wish to make a claim against Us you will provide comprehensive evidence of the property such as individual photos of each item sent with a ruler, bank coin or similar visible in the image as an instrument of scale to support your claim.
8. Waiver
- Our 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.
9. Severability
- If any court or competent government authority decides that 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 permissible by law.
10. Assignment
- 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.
11. Changes To These Terms & Conditions
- 11. 1 We reserve the right to change these Terms and Conditions without notice and advise You to revisit our website at www.topcashforgold.co.uk or request an updated copy of same from our offices to ensure that You remain aware of Our current terms and conditions wherein we shall highlight any changes to same.
- 11.2 You will be subject to all policies and terms and conditions in force at the time that you sell the Property to us unless any change to same is required by law or government.
For more information on our service, please feel free to send us a message using our online form.