Thank you for visiting BuyersofNewYork.com (this “Site”)!  This Site is operated by buyersofnewyork.com (“we,” “us” or “our”) and allows you to:  (a) participate in interactive features that we may make available such as selling your previously owned jewelry (“Jewelry”) to us for refining; or (b) simply view this Site.  This Terms of Use Agreement (this “Agreement”) governs your use of this Site.

1.         Your Use of this Site and Affirmative Representations.

When you use this Site, you represent that:  (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 21 years of age or older; (e) you are the legal owner of any Jewelry that you sell or are attempting to sell to us; and (f) you are selling or are attempting to sell Jewelry on your own behalf and are not an agent or a representative of a third party.  We reserve the right to request documentation and other proof of compliance with the requirements contained in this Section 1.

2.         Shipping and Appraisal Process, Requesting and Accepting/Rejecting a Quote, Payment, Returns and Guaranty Against Loss.

2.1       Shipping your Jewelry to Us.  To request a free, insured Refiner’s Return Pak, please complete the on-line form located on the Site, and then click the button to submit your information.  Your Refiner’s Return Pak will be mailed within 24 hours to the address you entered on the on-line form.

We are proud to offer free UPS labels to ship your material.  All Jewelry must be sent insured by FedEx, UPS or USPS to provide reliability and security.  If you wish to use UPS, please print out the UPS label that is generated by the Site.  Once you receive your Refiner’s Return Pak, simply place your unwanted jewelry into the security pack included in the Refiner’s Return Pak, place the security pack in any box or envelope, attach the UPS label to the box or envelope, and ship your Jewelry to us from any UPS location.   We will provide you with the 5 UPS locations that are closest to the address you submit to us.  You will be able to track your UPS package online.

Your Jewelry shipped via UPS will be insured for up to $500. Jewelry shipped through other methods will be insured for up to $100.  If you require additional packaging or insurance for your package, please contact our team at 1-212-642-4345 for additional assistance.

Please note that we only provide customers with free UPS shipping labels.  If you want to send your Jewelry to us by means of USPS please call us at 1-212-642-4345  to make the necessary arrangements.  If you wish to use UPS, you must obtain the applicable shipping label and insurance yourself.

We reserve the right, in our sole discretion, to reject delivery of any envelope or package that appears to be damaged, opened or tampered with, and we will return these envelopes or packages to you by means of USPS.  We will have no liability to any customer for returning envelopes or packages in this manner.

2.2       Jewelry Appraisal.  Upon receipt of your Jewelry, we will weigh and evaluate your Jewelry and provide you with a quote by email.  We purchase Jewelry for refining, not for resale.  Except for small diamonds, prices for Jewelry are based solely on the weight of your Jewelry and karat grade contained in your Jewelry, not on its potential value if resold intact.  For this reason, we cannot pay for gemstones in your Jewelry other than small diamonds.  Prices for small diamonds are based upon carat weight, color, clarity, cut and shape.

2.3       Requesting a Quote.  You may request that we provide you with an email quote for your Jewelry by including a note in the package you send to us, by emailing us at buyersofnewyork@gmail.com or by calling us at 1-212-642-4345.  If you do not request a quote, we will assume that you do not want a quote, and we will evaluate your Jewelry and either send you a check or wire your payment into your account.

If you want a quote, we recommend that you request the quote on or before the date you ship your Jewelry to us.  We will issue your payment within 24 hours of receipt of your Jewelry, so if we do not receive your request for a quote by the time we receive your Jewelry, we will not be able to provide you with a quote.

2.4       Accepting/Rejecting a Quote.  If you wish to accept the quote, please reply to the email you receive indicating that you accept the quote.  If you would like to talk with a Buyers of New York representative about the quote, please respond to the email and let us know what phone number we should call.  We may, in our sole discretion, record the call, and if you orally accept the quote during the call, you will be deemed to have accepted our offer.  Email quotes will be valid for a period of 12 days.  If you do not accept the quote, we will return your Jewelry to you.  We will, in our sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.  We will insure your Jewelry for no more than the amount we offer you for your Jewelry, (regardless of what you insure the Jewelry for when you mail it to us), unless you notify us by phone at 1-212-642-4345 that you agree to pay for the additional insurance you request.  If you believe your Jewelry is worth more than $100, we recommend that you insure your shipment for the value you think it is worth.

2.5       Payment.  You may select one of two payment options:  (a) direct deposit; or (b) check.  Please print out the payment form located on the site, check your preferred payment method and enclose the form with your shipment.  If you elect direct deposit, please also provide us a voided check and sign the form.  Please note that there is a $4.99 fee for direct deposit that we will deduct from the money we wire into your account.  PLEASE NOTE THAT BY ELECTING PAYMENT BY DIRECT DEPOSIT YOU WAIVE THE 12 DAY RETURN POLICY.

If you prefer to be paid by direct deposit, we will deposit the fees in your account within 24 hours of receipt of your acceptance of the quote, or if no quote is requested, within 24 hours of receipt of your Jewelry.  If you prefer to be paid by check, we will issue you a check within 24 hours of receipt of your acceptance of the quote, or if no quote is requested, within 24 hours of receipt of your Jewelry.  We will mail your check to the address you provide on the Buyers of New York Inventory form unless you specify otherwise in writing.

2.6 Returns. If you elected payment by check and you change your mind about selling your Jewelry, you must notify us either by email or by phone no later than 12 days after the date upon which we issue payment to you. If you do not contact us within this period of time, the Jewelry will be sold to a third party, and we will no longer be able to return it to you.

This 12-day return period cannot be altered for any reason, and we will not be responsible for any loss or damage of any kind if you do not contact us within this return period for return of Jewelry.

All Jewelry will be shipped back to you via UPS and insured for no more than the amount we offer you (regardless of what you insure the Jewelry for when you mail it to us), unless you notify us by phone or by email that you agree to pay for the additional insurance you request.

2.7       Guaranty Against Loss.

a.         Jewelry Lost when you Initially Ship Your Jewelry to Us

Subject to any restrictions in this Agreement or on this Site, if you ship your Jewelry to us, and your Jewelry is lost in the mail, we will compensate you for the loss of your Jewelry, provided that you properly pack and ship your Jewelry to us in accordance with the terms of this Agreement and the Site.   In order to submit an insurance claim for lost Jewelry, you must have appraisals or documentation to prove its value and submit that documentation with your claim information.

b.         Jewelry Lost when we Ship Jewelry Back to You

If we ship your Jewelry back to you, and your Jewelry is lost in the mail, we will pay you the amount that we offer you for your Jewelry subject to any restrictions in this Agreement or on this Site.

c.         Claim Process

If you wish to submit a claim to us for lost Jewelry, you must immediately contact us at buyersofnewyork@gmail.com and request a claim form.  You must fully complete the form, sign the form and mail it to us   within 60 days from the date you received notice that your Jewelry was lost.  You must include all supporting document with the completed, signed form.  Failure to properly complete, sign and/or mail the form, submit the claim form within 60 days from the date you received notice that your Jewelry was lost, or provide sufficient proof that the Jewelry was mailed to us will result in our denying your claim.  There is a 30 day waiting period from the time we receive your claim form to the time the claim is processed.

3.         Rules Governing Your Use of this Site.

You are entirely responsible for any harm resulting from your use of this Site.  You represent and warrant that:

(a)        you will not use this Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications;

(b)        you will not access this Site through the use of scripts, bots or other automated means;

(c)        you will not access this Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, this Site unless otherwise specifically authorized by us in a separate written agreement;

(d)        you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site;

(e)        you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

(f)        you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials (as defined in Section 5 below) or enforce limitations on use of this Site or the Materials on this Site; or

(g)        you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of this Site.

4.         Grant of License to Us for Contributions.

We need a license from you so that we can use your feedback, materials, questions, comments, suggestions, ideas, plans, notes or other information about us, this Site and/or the services made available on this Site (“Contributions”) on this Site or elsewhere.  By making a Contribution to this Site, you grant to us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, and royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (meaning that we can sublicense its rights to, for example, third party hosted service providers) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform publicly display, reproduce, rent, resell and distribute the Contribution for any purpose, commercial or otherwise.

You further grant us the right to use the name that you submit in connection with your such Contributions.  And, you acknowledge that this license does not obligate us to use your name in connection with your Contributions.

5.         Our Intellectual Property Rights.

All of the content on this Site (the “Materials”) and the trademarks, service marks, and logos contained on this Site (“Marks”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  We reserve all rights not expressly granted by this Agreement.  If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the Materials.

6.         Survival.

Even after your use of this site has ended, this Agreement shall remain in effect, including in particular sections 1, 2.6, 3-6 and 8-19.

7.         Modifications.
The Internet and technology are rapidly changing.  Accordingly, we may modify this Agreement from time to time.  We will contact you if we do so, which is why it is important that you immediately notify us if your email address changes.  We will also put any revised versions of this Agreement on this Site with a notice advising of the change.  You should therefore regularly check this Site for any announcements about revisions and you must keep your contact information current to ensure you are informed of any changes.
8.         Disputes with Us, Choice of Law and Forum, Limitation on the Time to File Actions and Attorney’s Fees.

8.1       Choice of Law.  You and we agree that any disputes between us shall be resolved under the substantive law of the state of Florida (exclusive of its choice of law provisions).  The Convention for the International Sale of Goods shall not apply.

8.2       Forum and Venue.  You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Fort Lauderdale, Florida.

8.3       Limitation on the Time to File Actions.  You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of this Site or any services we offer no later than one year after the claim or cause of action arose, otherwise these claims will be forever barred.

8.4       Attorney’s Fees.  Each party shall reimburse the other party for any and all costs incurred by the party in defending any civil action filed or attempted to be filed by the other party in any jurisdiction outside of Fort Lauderdale, Florida, including but not limited to attorney’s fees.

9.         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 THE GOLD CHART DATA APPEARING ON THIS SITE.  THIS DATA IS PREPARED BY THIRD PARTIES, AND WE INCLUDE THIS CHART ONLY FOR GENERAL INFORMATIONAL PURPOSES.

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 STATES 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.

10.       No Subrogation.

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SUBROGATION CLAIM BROUGHT BY THE OTHER PARTY’S INSURANCE CARRIER.  EACH PARTY EXPRESSLY WAIVES ANY SUBROGATION CLAIM ON BEHALF OF ITSELF AND ON BEHALF OF ITS INSURANCE CARRIER(S).

11.       Limited Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR INSURANCE CARRIER) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, THE MATERIALS OR ANY OTHER CONTENT ON THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU OR BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LESSER OF THE FOLLOWING:  (A) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE JEWELRY THAT YOU SUBMIT TO US, WHICH APPRAISAL WAS ISSUED BY A THIRD PARTY CERTIFIED APPRAISER PRIOR TO THE TIME YOU SHIPPED THE JEWELRY TO US; OR (B) ONE HUNDRED DOLLARS ($100).

12.       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 Contributions, your use of this Site, content on the Site or the Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13.       Entire Agreement.

This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.

14.       Independent Contractors.

Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you.

15.       No Third Party Beneficiaries.

This Agreement is between you and us.  There are no third party beneficiaries to this Agreement.

16.       Section Titles.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

17.       Non-Waiver.

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

18.       Severability.

Te parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible.  If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.

19.       Assignment.

You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.