The terms and conditions of this Mail-In Agreement (“Agreement”) are legally binding on you as a customer of Ghetiya Jewels, (“Ghetiya Jewels”), and inure to the benefit of Ghetiya Jewels and its successors and assigns.
i. You have mailed the article(s) listed in the Packing Slip (hereinafter defined) (“Articles”) to Ghetiya Jewels for the purpose of receiving a potential offer from Ghetiya Jewels via electronic mail. You agree to utilize the following sent to you by Ghetiya Jewels in accordance with Ghetiya Jewels instructions via electronic mail following the submission and registration of your information on Ghetiya Jewels 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.
ii. Title to the Article(s) will remain with you until you have signed and submitted Ghetiya Jewels Purchase Form to Ghetiya Jewels either by (i) electronic mail at Thereafter, Ghetiya Jewels will issue a check that constitutes Ghetiya Jewels 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 Ghetiya Jewels Purchase Form to Ghetiya Jewels, 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 Ghetiya Jewels.
iii. You understand that the Article(s) can be returned to you upon request, at any time before you have signed and submitted Ghetiya Jewels Purchase Form to Ghetiya Jewels. You must request any and all of the Articles to be returned by sending written notice via electronic mail at . You agree that Ghetiya Jewels 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, Ghetiya Jewels shall be released from all claims and liabilities.
iv. Ghetiya Jewels 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 Ghetiya Jewels 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, Ghetiya Jewels shall be released from all claims and liabilities.
v. If you reject Ghetiya Jewels offer, Ghetiya Jewels 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, Ghetiya Jewels shall be released from all claims and liabilities.
vi. Subject to paragraph 3, you shall be protected against damage resulting to packages containing Article(s) that are insured by Ghetiya Jewels (while in transit via a common carrier, postal or delivery service only between Ghetiya Jewels 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 Ghetiya Jewels has acknowledged to you in writing that the Article(s) delivered to Ghetiya Jewels are valued at greater than $10,000.00 PRIOR TO delivery of such Article(s) to Ghetiya Jewels, the $10,000.00 limitation shall not be applicable. Packages containing Article(s) that are insured by Ghetiya Jewels are strictly limited to those that are (i) shipped with the Mailing Label and (ii) in transit between Ghetiya Jewels and yourself.
vii. The Article(s) are being delivered for potential sales to Ghetiya Jewels 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 Ghetiya Jewels 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.
You must be (and, by requesting, receiving or using this Agreement, Ghetiya Jewels Purchase Form or other Ghetiya Jewels materials, sending Ghetiya Jewels any gold, diamonds, jewelry, watches or other property or Article(s), or otherwise conducting business with Ghetiya Jewels, 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 Ghetiya Jewels, 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.
Ghetiya Jewels 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 Ghetiya Jewels and that you have full authority to solely engage in the transaction with Ghetiya Jewels.
You agree to accurately list and describe the Article(s) that you send to Ghetiya Jewels on the Packing Slip. If Ghetiya Jewels 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, Ghetiya Jewels reserves the right to suspend or terminate the transaction with notice to you. In the event that the transaction is terminated, Ghetiya Jewels will ship the Article to you within three (3) business days at Ghetiya Jewels cost by an insured carrier of its choosing.
You agree to and will indemnify and hold harmless Ghetiya Jewels 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 or arranged to be sold by you to Ghetiya Jewels.
i. Except as expressly set forth in this Agreement, Ghetiya Jewels will have no liability for any Article(s) or packages containing Article(s) while in the possession or custody of any party other than Ghetiya Jewels, 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 Ghetiya Jewels Secure Mail-In website. If you fail to comply with the instructions in any way as determined in Ghetiya Jewels sole discretion, Ghetiya Jewels 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 Ghetiya Jewels finds upon receipt of your shipment, that the package was not packaged and shipped in accordance with the Shipping Instructions, Ghetiya Jewels is not liable for any damage, loss, claim or insured value of the Article. If Ghetiya Jewels determines that there are any discrepancies, Ghetiya Jewels may suspend or terminate the transaction with notice to you. In the event that Ghetiya Jewels terminates the transaction, Ghetiya Jewels will ship the Article to you within three (3) business days at Ghetiya Jewels cost by an insured carrier of its choosing.
iii. Ghetiya Jewels reserves the right, in its sole discretion, to reject 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 to you.
iv. In the event of a loss or damage after Ghetiya Jewels acknowledges receipt and verification of an Article which was shipped in accordance with Ghetiya Jewels Shipping Instructions, Ghetiya Jewels 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, Ghetiya Jewels will have and assumes no liability whatsoever, whether arising in connection with the use of this Agreement, Ghetiya Jewels Purchase Form, the mail-in service or other materials or services provided by Ghetiya Jewels, for the loss of any Item(s), or for any other reason. Ghetiya Jewels 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), with respect to or arising under or related to this Agreement, even if advised of the possibility of such damage. You agree that Ghetiya Jewels 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.
Ghetiya Jewels 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. Click here to view Ghetiya Jewels's full privacy policy, to view Ghetiya Jewels full PrivacyPolicy Policy.
Ghetiya Jewels has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program. The State of New York requires Ghetiya Jewels to obtain your driver license number (or other government-issued identification number) and the signed sworn statement as set forth in paragraph 2(ii) above in order to process the transaction.
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 Ghetiya Jewels. In no event will Ghetiya Jewels be liable to any third party, including, without limitation, any insurance carrier. Ghetiya Jewels will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
circThese 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 Ghetiya Jewels. In no event will Ghetiya Jewels be liable to any third party, including, without limitation, any insurance carrier. Ghetiya Jewels will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
These terms and conditions, and all relevant transactions and dealings, including but not limited to Ghetiya Jewels 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. Ghetiya Jewels 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 Ghetiya Jewels and merges and supersedes any and all prior agreements, representations, discussions, and understandings of every kind and nature, written and oral, between you and Ghetiya Jewels concerning the subject matter hereof. You represent that, in signing this Agreement, you have not relied upon any representation or statement made by Ghetiya Jewels, other than as set forth herein, 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, Ghetiya Jewels Purchase Form, intake service or otherwise with Ghetiya Jewels 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. Ghetiya Jewels 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 Ghetiya Jewels.
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 Ghetiya Jewels order stating: “By submitting this form, you agree to Ghetiya Jewels Terms & Conditions – See link below.”
