Terms & Conditions
Last Updated 2 November 2023
GOLDSLAYER.COM, LLC TERMS AND CONDITIONS
These Terms and Conditions (hereinafter the "Agreement" or “Terms”) constitute a legally binding agreement between you (either an individual or an entity, referred to as “you” or “Seller”) and Goldslayer.com, LLC, its affiliate(s) and subsidiaries (hereinafter collectively referred to as “Goldslayer” and as further defined below) regarding the use of its websites – www.goldslayer.com and/or any affiliated websites or applications utilized by Goldslayer (hereinafter singularly and collectively, the “Site”) and its auction and sales services, whether they be rendered via the site, telephone, text, application, in-person, or by any other means. By utilizing the Goldslayer Site and/or any affiliated websites utilized by Goldslayer and/or Services (defined below), you understand, acknowledge and agree that you are legally and contractually bound by the terms and conditions set forth herein (and as hereafter amended):
- ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE GOLDSLAYER SITE AND/OR SERVICES (DEFINED BELOW), OFFERING ITEMS FOR PURCHASE, OR OTHERWISE PARTICIPATING IN A GOLDSLAYER SALE/AUCTION, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT – AND SPECIFICALLY THE DISPUTE RESOLUTION, ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS.
- DEFINITIONS.
- “Sale Item(s)” means gold or other precious metal, precious and semi-precious stones, jewelry comprised of the aforementioned, coins, or other items which you, the Seller, offer to sell to Goldslayer through use of Goldslayer’s Services (defined below).
- "Seller" means an individual (over the age of 18) or artificial entity, registered or otherwise qualified as a Seller with Goldslayer for purposes of utilizing Goldslayer’s Services (defined below) to sell and transfer title to Sale Items to Goldslayer.
- “Services” means all services related to Goldslayer purchasing Sale Item(s) from the Seller, including but not limited to delivery of Sale Item(s) to Goldslayer and their potential return to Seller, verification of Sale Items’ authenticity, appraisal, offer procedures, negotiations, formulating sales terms, and facilitating Seller payment.
- “Goldslayer” means Goldslayer.com, LLC, its owner, agents, employees, contractors, phone operators, appraisers, and other affiliates and subsidiaries.
- “Contact Point” means the Seller designated phone number and/or email address for communications related to Sale Item(s). Seller and grants Goldslayer the absolute authority to rely on communications from anyone responding from such designated phone number or email address. It is your sole responsibility to keep Goldslayer updated in writing of your current email and telephone number at all times. Seller also explicitly agrees that if no response is received by Goldslayer from Seller within ten (10) days from contact, the Seller accepts the Goldslayer offer for the purchase of Sales Items and funds will be paid.
- GENERAL CONDITIONS. The parties agree that you, Seller, may sell and Goldslayer may purchase or refuse to purchase Sales Items. As specified herein, Seller will provide to Goldslayer a contact point, whether a phone number, email or text. Seller represents that any person receiving an offer at the contact point has the authority to accept or reject such offer when made. Following registration as a Seller and communicating specifics regarding the prospective Sales Items to Goldslayer, Goldslayer may, at its sole discretion, provide Seller with a prepaid envelope for Seller to ship its potential Sales Items to Goldslayer for inspection, appraisal, and possible purchase. Once Sales Items are received, Goldslayer will examine and appraise the Sales Items and if interested in purchase, will submit an offer to the telephone number, email, or text provided by the Seller. The parties specifically agree that if the offer is accepted by following this protocol for contact, that Seller or his/her/its representative owns the Sales Items free and clear of all encumbrances and has authority to accept such offer and enter into a contract. The offered amount will then be sent to Seller. If there is no response to an offer within ten (10) days, the parties expressly agree such offer is accepted, and the funds will be forwarded to the Seller, and the transaction will be complete. No other recourse, negotiation, or further contact will be made concerning that transaction if the funds for purchase are sent and/or cashed by you. Goldslayer is under no obligation to submit an offer or purchase prospective Sales Items forwarded by Seller to Goldslayer and in the event a sales price cannot be agreed upon or Goldslayer does not wish to purchase certain Sales Items, the same will be returned to Seller via the same or similar means in which they were delivered.
- WARRANTIES. Seller warrants that he/she/it has good title to the Sale Items offered, free and clear of all liens and encumbrances, and are not subject to any claims that may dispute ownership of the Sales Items.
- GOLDSLAYER SERVICES. You acknowledge and agree that Goldslayer provides services for Sellers through its Site, email, telephone, and/or text message which serve as a conduit for offers and acceptance to be exchanged in relation to the Sale Items. You further acknowledge and agree that: (i) Goldslayer will make its own determination of the value of Sale Items; (ii) Goldslayer is authorized by Seller to conduct necessary testing of Sale Items to determine the authenticity and grade of materials; (iii) Goldslayer is under no obligation to appraise, offer, or purchase any Sales Items and may unilaterally elect to return potential Sales Items to Seller for any reason or no reason at all; (iv) Goldslayer is not responsible for the safe keeping of the Sales Items while in the possession, custody, or control of a third-party or mail carrier; (v) Seller has sole and complete ownership and right to transfer ownership of all Sale Items; and (vi) You have read and agree to all Terms and Conditions.
- SERVICE DESCRIPTIONS. The Goldslayer Site and Services enable individuals and artificial entities to offer for sale to Goldslayer any gold or other precious metals, precious and semi-precious stones, jewelry, and other Sale Items which Seller wishes to sell. Goldslayer may make an offer for the purchase of Sale Item(s), but is under no obligation to submit an offer or purchase Sale Items. Any decision by Seller to accept a Goldslayer offer and purchase monies is done so on his/her/its own volition and without reliance upon any information or representations made by Goldslayer. You understand, acknowledge and agree that Goldslayer is not and shall not be held responsible or liable to you for any action or inaction other than for payment or return of a prospective Sales Item.
- SELLERS REPRESENTATIONS. Seller hereby represents and warrants that his/her/its Seller information and Contact Point: (a) are true and accurate and Seller, if an individual, is at least 18 years of age; and (b) in any correspondence, Seller’s contact does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. Because individuals utilizing Goldslayer’s Services and Site are required to enter into binding legal agreements to sell Sales Items to Goldslayer, Goldslayer's Services are not available to minors.
- INDEMNITY. Seller agrees to indemnify and hold Goldslayer harmless from all demands, claims, lawsuits, arbitrations and settlements (including attorney fees and costs) associated with any Sale Item(s) not being the property of Seller when sold to Goldslayer because someone diverts payments from Goldslayer that were sent to the Contact Point designated by the Seller, because a third-party or shipping company loses or damages a prospective Sales Item, or because a third-party intercepts a Sales Item and alters or otherwise replaces all or a portion of said Sales Items with fake or counterfeit materials.
- NO GUARANTEES OR WARRANTIES. SELLER AGREES THAT GOLDSLAYER IS NOT PROVIDING ANY WARRANTY OR GUARANTY, COVENANT OR REPRESENTATION WITH RESPECT TO ANY TRANSACTION WITH GOLDSLAYER INCLUDING, BUT NOT LIMITED TO, THE SAFE AND EXPEDITIOUS TRANSPORT OF SALES ITEMS TO OR FROM SELLER OR GOLDSLAYER. SELLER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE PACKAGING, SHIPMENT, AND INSURANCE OF SALES ITEMS AND THE VALUATION, WORTH, AND ANY MARKET FLUCTUATION OF PRECIOUS METALS, PRECIOUS STONES, SEMIPRECIOUS STONES, AND/OR COLLECTIBLES.
You understand, acknowledge and agree that the precious metals, stones, and collectibles market are speculative, unregulated and volatile, and that jewelry, other items and precious metal and stone values may rise or fall over time. GOLDSLAYER DOES NOT GUARANTEE OR REPRESENT THAT ANY OFFER IS THE HIGHEST OR BEST SALES PRICE OBTAINABLE.
You further understand, acknowledge and agree that Goldslayer does not warrant that its Website will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. - WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. In consideration of participation in Goldslayer transactions, you, for yourself, your heirs, agents, successors, and assigns, generally and specifically waive and release, and forever discharge Goldslayer, and its affiliates and subsidiaries, owners, members, managers, directors, officers, contractors, employees, agents, attorneys, telephone operators, auctioneers, and representatives, and their respective successors and assigns, from any and all claims, rights, demands, causes of action, arbitrations, lawsuits, or other legal proceedings, of whatever kind or nature, including, but not limited to claims based upon the loss or damage of Sales Items in transport to or from Seller or Goldslayer, any alleged undervaluation of Sales Items, or Goldslayer’s alleged negligence, whether in law or equity, tort or otherwise, whether known or unknown, suspected or unsuspected, which you may assert with respect and/or arising out of, or in connection with any Sales Item. It is your intention that this waiver and release shall be effective as a bar to each and every Claim that may arise hereunder or be related to the Services, and you hereby knowingly and voluntarily waive any and all purported rights and benefits otherwise conferred upon you by statute or common law, except to receive an offered purchase amount.
YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF GOLDSLAYER SITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOLDSLAYER, ITS AFFILIATES OR SUBSIDIARIES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, TELEPHONE OPERATORS, AUCTIONEERS, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE GOLDSLAYER SERVICES AND/OR SITES, OR NEGLIGENCE OF GOLDSLAYER OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHTS TO A JURY TRIAL IS WAIVED. - DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in Goldslayer transactions, you accept and agree to the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein.
- Exclusive Dispute Resolution Process: All Claims, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Goldslayer Services and/or Site, (ii) participation in any transaction with Goldslayer, (iii) transport or sale of a Sales Item, (iv) any interpretation of the Terms or any amendments thereto, (v) any dispute about the terms of an offer or its acceptance, (vi) any damages, (vii) any alleged verbal modification of any term or condition report, valuation, or description, (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, (ix) any and all disputes with Goldslayer, and/or (x) any claim made by you concerning a Sales Item or your participation in any transaction involving a warranty or representation of a person or entity, including Goldslayer (collectively a “Claim”) shall be exclusively heard by, and Seller and Goldslayer each consent to the Claim being adjudicated through confidential, binding arbitration before a single arbitrator administered by and conducted under the rules of the American Arbitration Association (AAA). The locale for all such arbitrations shall be in Dallas, Dallas County, Texas. The arbitrator’s award may be enforced in any court of competent jurisdiction within Dallas, Dallas County, Texas. In the event a Claim must be litigated after an arbitration demand is filed with the AAA (including actions to compel arbitration, construe this Agreement, actions in aid of arbitration, or otherwise), such litigation shall be exclusively in the courts of the State of Texas, in Dallas County, Texas, and if necessary, the corresponding appellate courts. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
- Fees, Costs and Interest: Each party shall pay one-half of any anticipated arbitration fees to initiate the process. The prevailing party (a party that is awarded substantial and material relief on its liability and damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorney’s fees, costs and applicable pre- and post-award interest by an arbitrator and/or subsequent court of competent jurisdiction.
- Remedies: Any Claim must be brought within two (2) years of the alleged breach, default, or misrepresentation or the Claim is waived. Goldslayer’s maximum liability shall be limited to the value of any Sale Item(s). Goldslayer in no event shall be responsible for consequential, incidental, compensatory, or any other damages arising or claimed to be arising from the transaction. EXEMPLARY AND PUNITIVE DAMAGES ARE NOT RECOVERABLE AND ARE WAIVED. In no case shall Goldslayer’s maximum liability exceed Sales Item(s)’ value, which shall be deemed for all purposes the wholesale melt value of the Sales Item(s).
- These Terms provide specific remedies for occurrences in the transaction, transport, and delivery process. Where such remedies are afforded, they shall be interpreted strictly. You agree that any Claim shall utilize such remedies. In the event you make a Claim in excess of those remedies provided in these Terms, you agree that in no case whatsoever shall Goldslayer’s maximum liability exceed the wholesale melt value of the Sales Item.
- Failure to participate in the arbitration is a default and material breach of this Agreement. If you file a lawsuit before the arbitration remedies outlined herein, the parties expressly agree you will be liable for all of Goldslayer’s attorneys’ fees expended to compel arbitration.
- Goldslayer reserves the right to initiate a lawsuit, instead of arbitration, for any damages arising from Seller’s conduct, and the parties agree Goldslayer is entitled to the additional recovery of attorney’s fees, interest at the highest rate allowed by law, and costs in such matter.
- GOVERNING LAW AND VENUE. This Agreement, any applicable Terms & Conditions, and any Claim shall be determined and construed in accordance with Texas State law. Any and all Claims submitted to arbitration and subsequent litigation shall be exclusively heard by a single arbitrator (or subsequently by a court of competent jurisdiction) in Dallas, Dallas County, Texas, where all obligations under this Agreement are performable.
- NOTICES. Except as explicitly stated otherwise, notices to you shall be given by email to the email address or Contact Point provided by you to Goldslayer during the Seller registration process. Notices from Goldslayer shall be given by email to Seller at Seller’s Contact Point or by certified mail, return receipt requested (or other mail service providing delivery confirmation). Notices to Goldslayer shall be sent to GOLDSLAYER.COM, LLC at 13859 Diplomat Drive, Suite 150, Farmers Branch, TX 75234. Emailed notices shall be deemed given twenty-four (24) hours after the notice email is sent, unless the sending party is notified that the email address is invalid within twenty-four (24) hours of being sent. It is your sole responsibility to keep Goldslayer apprised, in writing, of your current email address and telephone number at all times as your Contact Point.
- MISCELLANEOUS.
- TERMINATION. Without limiting any other remedies, Goldslayer reserves the right to terminate your use of Goldslayer Services, with or without cause, at its sole discretion.
- NO ASSIGNMENT. You shall not assign or transfer this Agreement, or any of its rights and obligations hereunder without Goldslayer's prior written consent.
- NO AGENCY. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Goldslayer.
- USE AND OWNERSHIP OF DATA, IMAGES, AND TEXT. Goldslayer owns all right, title and interest in and to all of its television and online data, including images, videos, text, and all intellectual property rights therein and thereto. Seller expressly agrees that all data provided by a Seller to Goldslayer for purposes of a transaction, may be utilized by Goldslayer for purposes of marketing, promotion, and advertising Goldslayer and/or Services and Sites. By accepting these Terms, you further consent to being contacted by Goldslayer in the future via phone, text, and email. In conformity with “do-not-call” regulations promulgated by federal and/or state regulatory agencies, your utilization of Goldslayer’s Services and/or Site and/or participation in a Goldslayer transaction, is affirmative consent to being contacted at the phone number and email address provided in your Seller registration application as the Contact Point, and this consent shall remain in effect until it is revoked in writing. Goldslayer may from time to time contact you concerning sale, purchase and/or auction opportunities available through Goldslayer and its affiliates.
- CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact Goldslayer for any reason, please email at Support@goldslayer.com or call Goldslayer at 469-369-1889.