Terms And Conditions
The terms and conditions of this Mail-In Agreement ("Agreement") are legally binding on you as a customer of LUXBUYERS ("LUXBUYERS"), and inure to the benefit of LUXBUYERS and its successors and assigns.
1. General Terms
i. You have mailed the article(s) listed in the Packing Slip (hereinafter defined) ("Articles") to LUXBUYERS for the purpose of receiving a potential offer from LUXBUYERS via electronic mail. You agree to utilize the following sent to you by LUXBUYERS in accordance with LUXBUYERS' instructions via electronic mail following the submission and registration of your information on LuxBuyers' Mail-In website: (i) the packing slip for the listing and description of your Article in accordance with paragraph 2 ("Packing Slip"), (ii) mailing label ("Mailing Label") and (iii) shipping instructions.
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ii. Title to the Article(s) will remain with you until you have signed and submitted LUXBUYERS' Purchase Form to LUXBUYERS Seither by (i) electronic mail at clientservices@luxbuyers.com. Thereafter, LUXBUYERS will issue a check that constitutes LUXBUYERS' payment for the purchase of the Article(s). Upon your cashing, deposit or other acceptance of the check, your failure to provide timely notice of a return request in accordance with paragraph 1(iii) below, or your signing and submission of LUXBUYERS' Purchase Form to LUXBUYERS, whichever occurs first, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive your Article(s) back from LUXBUYERS.
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iii. You understand that the Article(s) can be returned to you upon request, at any time before you have signed and submitted LUXBUYERS' Purchase Form to LUXBUYERS. You must request any and all of the Articles to be returned by sending written notice via electronic mail at clientservices@luxbuyers.com. You agree that LUXBUYERS will have a reasonable time period after such request (however, that such period must be no less than five business days) to return the Article(s) to you. Upon return of the Article(s) and acceptance by you by signature on the carrier’s proof of delivery record, LUXBUYERS shall be released from all claims and liabilities.
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iv. LUXBUYERS reserves the right to make no offer and return any Article(s) to you via mail (with prior notice to you) in the same condition as received if LUXBUYERS chooses not to purchase the Article(s) for any or no reason at all without any further liability to you. Upon return of the Article(s) and acceptance by you by signature on the carrier’s proof of delivery record, LUXBUYERS shall be released from all claims and liabilities.
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v. If you reject LUXBUYERS' offer, LUXBUYERS shall return the Article(s) to you by mailing the Article(s) to you (with prior notice to you) within a reasonable time period (not less than five business days) in the same condition as received. Upon acknowledgment and receipt of the Article(s) by you by signature on the carrier’s proof of delivery record, LUXBUYERS shall be released from all claims and liabilities.
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vi. Subject to paragraph 3, you shall be protected against damage resulting to packages containing Article(s) that are insured by LUXBUYERS (while in transit via a common carrier, postal or delivery service only between LUXBUYERS and yourself), resulting from fire, theft, and shipping of up to the lower of either (a) the specified insured value of each Article stated in this Agreement form, or (b) Ten Thousand Dollars ($10,000.00) for all Articles sent. To the extent that LUXBUYERS has acknowledged to you in writing that the Article(s) delivered to LUXBUYERS are valued at greater than $10,000.00 PRIOR TO delivery of such Article(s) to LUXBUYERS, the $10,000.00 limitation shall not be applicable. Packages containing Article(s) that are insured by LUXBUYERS are strictly limited to those that are (i) shipped with the Mailing Label and (ii) in transit between LUXBUYERS and yourself.
vii. The Article(s) are being delivered for potential sales to LUXBUYERS in the City, and State of New York, and all rights of the parties, including those pertaining to the Article(s), are to be determined in accordance with New York law, without regard to the principles of conflict of law. You agree that LUXBUYERS and its employees and its agents shall not be liable for any indirect, consequential, incidental, exemplary, punitive, statutory, special, or other similar damages (including, without limitation, loss of profit or opportunity), for loss or damage to the Article(s), even if advised of the possibility of such damage.
2. Requirements for use. You must be (and, by requesting, receiving, or using this Agreement, LUXBUYERS Purchase Form, or other LUXBUYERS materials, sending LUXBUYERS any gold, diamonds, jewelry, watches, or other property or Article(s), or otherwise conducting business with LUXBUYERS, you represent and warrant that you are):
i. At least twenty-one (21) years of age;
ii. The actual legal owner of any and all Article(s) sold or attempted to be sold to LUXBUYERS, and that your Article(s) is free from any and all claims, liens, or any other encumbrances that might adversely affect the value of your Article or your ability to sell it to us;
iii. You are acting on your own behalf, and not as another’s agent or representative, and
iv. Intending and agreeing to be legally bound by these terms and conditions.
LUXBUYERS may request documentation or other proof of compliance with any of these requirements.
You expressly represent, warrant, and agree that you have full, legal and unencumbered title to, and ownership of, every Article that is sent or delivered by you to LUXBUYERS and that you have full authority to solely engage in the transaction with LUXBUYERS.
You agree to accurately list and describe the Article(s) that you send to LUXBUYERS on the Packing Slip. If LUXBUYERS determines in its sole discretion that there are significant discrepancies between the Article(s) as described in the Packing Slip and the Article(s) received, or if no Packing Slip was included in the shipment, LUXBUYERS reserves the right to suspend or terminate the transaction with notice to you. In the event that the transaction is terminated, LUXBUYERS will ship the Article to you within three (3) business days at LUXBUYERS' cost by an insured carrier of its choosing.
You agree to and will indemnify and hold harmless LUXBUYERS from and against any and all claims, suits, investigations, judgments, liabilities, obligations, and damages relating to or arising out of the title to, ownership of, or lien on any item(s) or Article(s) sold or purported to be sold by you to LUXBUYERS.
3. Limitations of liability.
i. Except as expressly set forth in this Agreement, LUXBUYERS will have no liability for any Article(s) or packages containing Article(s) while in the possession or custody of any party other than LUXBUYERS, including, without limitation, any common carrier, customs authority, postal or delivery service, or any other third party.
ii. Every package must be shipped in strict accordance with the Shipping Instructions. Shipping Instructions will be provided to you through our website after successful submission of your information through LUXBUYERS' Secure Mail-In website. If you fail to comply with the instructions in any way as determined in LUXBUYERS' sole discretion, LUXBUYERS will have and assumes no liability whatsoever for any damage, loss, claim, or insured value arising in connection with the Article. By way of example and not by way of limitation, if LUXBUYERS finds upon receipt of your shipment that the package was not packaged and shipped in accordance with the Shipping Instructions, LUXBUYERS is not liable for any damage, loss, claim, or insured value of the Article. If LUXBUYERS determines that there are any discrepancies, LUXBUYERS may suspend or terminate the transaction with notice to you. In the event that LUXBUYERS terminates the transaction, LUXBUYERS will ship the Article to you within three (3) business days at LUXBUYERS' cost by an insured carrier of its choosing.
iii. LUXBUYERS reserves the right, in its sole discretion, to reject the delivery of any mail, envelope, package, or other material that appears damaged, opened, or tampered with. Any such rejected mail, envelope, package, or material will be returned to you with prior notice.
iv. In the event of loss or damage after LUXBUYERS acknowledges receipt and verification of an Article that was shipped in accordance with LUXBUYERS' Shipping Instructions, LUXBUYERS' liability will be limited to the insured value of the Article as set forth in paragraph 1(vi).
v. Except as expressly set forth in this Agreement, LUXBUYERS will have and assumes no liability whatsoever, whether arising in connection with the use of this Agreement, LUXBUYERS Purchase Form, the mail-in service, or other materials or services provided by LUXBUYERS, for the loss of any Item(s), or for any other reason. LUXBUYERS and its employees and agents shall not be liable for any indirect, consequential, incidental, exemplary, punitive, statutory, special, or other similar damages (including, without limitation, loss of profit or opportunity), with respect to or arising under or related to this Agreement, even if advised of the possibility of such damage. You agree that LUXBUYERS is not obligated to defend, indemnify, or hold you harmless in connection with any third-party claims, suits, or actions brought against you, including, without limitation, claims brought by any Article owner.
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4. Privacy Policy. LUXBUYERS is committed to protecting your personal information and will hold, protect, and use such information in strict confidence to the extent permitted by applicable law. View LUXBUYERS' full privacy policy.
5. Legal compliance. LUXBUYERS has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such a program. In the event of loss or damage after LUXBUYERS acknowledges receipt and verification of an Article that was shipped in accordance with LUXBUYERS' Shipping Instructions, LUXBUYERS' liability will be limited to the insured value of the Article as set forth in paragraph 1(vi).
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6. Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers, and any other individual or entity asserting any right or claim relating to your transaction with LUXBUYERS. In no event will LUXBUYERS be liable to any third party, including, without limitation, any insurance carrier. LUXBUYERS will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
7. Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers, and any other individual or entity asserting any right or claim relating to your transaction with LUXBUYERS. In no event will LUXBUYERS be liable to any third party, including, without limitation, any insurance carrier. LUXBUYERS will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
8. Miscellaneous. These terms and conditions, and all relevant transactions and dealings, including but not limited to LUXBUYERS Legal compliance's Purchase Forms, will be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws thereof. LUXBUYERS Legal compliance's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of any other or subsequent breach of the same or any other term or condition hereof. The enumeration and headings contained in this Agreement are for convenience of reference only and are not intended to have any substantive significance in interpreting this Agreement.
This Agreement sets forth the entire agreement and understanding between you and LUXBUYERS and merges and supersedes any and all prior agreements, representations, discussions, and understandings of every kind and nature, written and oral, between you and LUXBUYERS. You represent that, in signing this Agreement, you have not relied upon any representation or statement made by LUXBUYERS, other than as set, with regard to the subject matter, basis, or effect of this Agreement or otherwise.
If any 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 other terms and conditions will 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 this Agreement, LUXBUYERS Purchase Form, intake service, or otherwise with LUXBUYERS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the State of New York. LUXBUYERS
will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of New York, including but not limited to, attorneys' fees incurred by LUXBUYERS
In order to conduct your transaction with us through the mail-in program, you must accept the foregoing terms and conditions. You agree and accept the terms by clicking "Submit" at the end of the LUXBUYERS Legal compliance order stating: "By submitting this form, you agree to LUXBUYERS Legal compliance Terms & Conditions. See above terms & conditions.