CUSTOMER TERMS AND CONDITIONS
The Shopping Channel Gold Exchange is operated by The Shopping Channel, a division of Rogers Broadcasting Limited. The Terms and Conditions contained herein ("The Agreement") shall be binding on you (hereinafter referred to as, "You" or "Your") and each and every customer of The Shopping Channel Gold Exchange. These Terms & Conditions are subject to change without notice. Current Terms and Conditions are available at www.theShoppingChannel.com/GoldExchange.
For the purpose of this Agreement, The Shopping Channel shall be referred to herein alternatively as "The Shopping Channel", "We", "Our" or "Us."
We purchase Your gold, platinum and silver (hereinafter referred to individually and collectively as "Precious Metal" or "Precious Metals") goods for refining only. The payout value We offer to You is based upon the total weight of the Precious Metal goods offered for sale, the pure Precious Metal content therein, and the market value of the Precious Metals. The market value of Your Precious Metals is based on the last quotation of the London Fix (the price at which gold and other Precious Metals is set during two daily bidding sessions in London, U.K.) for the Precious Metal on the day Your package is received and opened at the Shopping Channel. Any necessary foreign exchange will be calculated using the exchange rate published by the Bank of Canada at closing on the business day immediately preceding the day Your package is received and opened by The Shopping Channel. All payments for Your Precious Metal goods will be offered in Canadian dollars only.
AN IMPORTANT NOTE ABOUT OUR PAYOUT OFFERS:
We only offer payment for the Precious Metals in Your goods.
Notwithstanding anything in these Terms and Conditions to the contrary, the price that We offer to You may not be the current market price of gold or other Precious Metals. Our offer is not based on the potential value of Your goods if they were to be resold intact. We do not recognize nor pay for any sentimental value, real or perceived. We do not offer payment for nor will we return any non-Precious Metals in Your goods, such as pearls, gemstones, costume jewellery, plated jewellery or otherwise. If You wish to have any gemstones removed from Your Precious Metal goods, we urge You to do so prior to sending them to the Shopping Channel because they will not be returned. We also will not offer any payment for watches, timepieces or coins that are current and legal tender in Canada or elsewhere.
We are compliant with Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act. This means that We keep records in accordance with legal requirements and certain transactions may be subject to government/police reporting.
The Shopping Channel has no obligation to purchase Your goods or to provide You with an offer for Your Goods.
For questions or for Customer Service, You may contact Us via e-mail at CustomerCare@TheShoppingChannelGoldExchange.com or by telephone at 1-800-994-5101 *.
How Your Precious Metals are Exchanged for Cash
1. Access Our website or call Us. Request a kit and We will send You a package with a tracking number. Your goods will not be accepted for purchase without a valid tracking number.
2. Follow the instructions supplied in the kit for sending Your Precious Metal items to The Shopping Channel.
3. When We receive Your package, You will receive an email, confirming receipt.
4. Your goods will be unpacked, weighed, and tested to determine its contents. The unpacking and weighing will be recorded on video for Your protection.
5. The payout value We offer is based on the last quotation of the London Fix for Your Precious Metals on the day Your package is received and opened at The Shopping Channel. As soon as a value for Your goods is determined, You will receive an email informing You of Our payment offer.
If Our payment offer is acceptable to You, You do not have to do anything further.
If You change Your mind about selling Your goods or are dissatisfied with the amount offered, or if You want to cancel the transaction for any other reason, You may do so at this point by notifying Us of Your intention to cancel the transaction by visiting the Contact Us section of www.theShoppingChannel.com/GoldExchange or by calling Us at 1-800-994-5101*.
If You wish to cancel the transaction after the cheque has been issued, You must return Your uncashed/undeposited cheque to The Shopping Channel within 20 calendar days of the date the cheque was issued to the address provided in the Contact Us section of www.theShoppingChannel.com/GoldExchange. Upon Our receipt of the cheque, We will return Your goods to You.
If We do not receive the returned cheque within 20 calendar days of when the cheque was issued, You will be deemed to have accepted Our offered payment, the transaction will be final and the Precious Metal goods will be processed for refinement.
Notwithstanding the foregoing, if Your cheque has been cashed or deposited in a bank or in any other financial institution, You will be deemed to have accepted Our offer of payment, the transaction will be deemed final and the Precious Metal goods will be processed for refinement.
Requirements for Participation
You must be at least eighteen (18) years of age (if you are a resident of Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Prince Edward Island) and at least nineteen (19) years of age (if you are a resident of the rest of Canada) in order to sell Your Precious Metal goods to The Shopping Channel. You must provide Your name and a valid address, telephone number and e-mail address. We do not ship to P.O. Box addresses. We only ship to Canadian addresses. In order to sell Your goods, You must be the lawful owner of any and all goods You offer to sell to The Shopping Channel. You must have absolute authority to sell the goods and they must not have any legal encumbrances thereon such as any lien, mortgage, pledge, hypothec or otherwise. You must act on Your own behalf and not as an agent or representative of any other person or any company. The Shopping Channel, in its sole discretion, may request proof of identity, age or ownership.
By shipping Your goods to The Shopping Channel, You declare that You are the lawful owner of and have absolute authority to sell Your goods and You accept each and every term and condition set forth herein and those described on Our website, which are subject to change without notice. You declare that the identifying information provided to Us is true and correct. You declare under penalty of perjury that the foregoing is true and correct.
Guaranty Against Loss
We assume no responsibility or liability for the loss of Your goods until they have been delivered to The Shopping Channel, in accordance with the instructions and procedures established by The Shopping Channel, and subject to the Terms and Conditions herein. We reserve the right to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered-with, and any such mail, envelope or package will be returned to You. The Shopping Channel shall have no liability to You for any loss incurred as a result of any such attempted delivery or associated with the return of any such items.
Limitation of Liability - General
This limitation of liability shall be binding on You and on any third party 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 The Shopping Channel. In no event shall We be liable for any damages from the loss or destruction of property in Our possession for any reason, including negligence, except as stated in this Agreement. In no event shall We be liable to any third party, including any insurance carrier, nor shall We be liable for any subrogation claim brought by Your insurance carrier. By submitting Your goods to The Shopping Channel, You expressly and specifically waive any such subrogation claim made on Your behalf, or on behalf of Your insurance carrier. The Shopping Channel shall not be liable to anyone for any incidental, consequential, punitive, loss of profit or opportunity damages. By submitting Your goods to The Shopping Channel, You explicitly and expressly accept this limitation of liability.
Limitation of Liability: Shipping Your Goods to the Shopping Channel
The Shopping Channel has no liability for the loss of Your goods until they have been received by Us. Your goods must be shipped to Us using the carrier indicated by The Shopping Channel, and using the shipping labels that You received in Your Shipping/Gold Kit. Your goods will be insured with the carrier for a maximum value of ONE HUNDRED DOLLARS ($100). You are solely responsible for purchasing any available, additional insurance coverage, at Your discretion. In any event, claims for any losses that occur prior to Our receipt of Your goods must be made directly with the carrier and/or its insurance company. It is Your responsibility to confirm that the carrier has properly accepted possession of Your package into their tracking system. The Shopping Channel shall have no responsibility or liability in this regard.
Limitation of Liability: Returning Your goods to You
Any goods returned to You by the Shopping Channel will be insured for the value of the Precious Metal in Your goods, ONLY, as appraised by The Shopping Channel, up to a maximum of FIVE HUNDRED DOLLARS ($500), without regard to resale value, sentimental value or any other consideration. In the event of any loss or damage to Your goods while in transit to You, Our liability shall be limited to the value of Your goods as insured by Us, but shall not exceed FIVE HUNDRED DOLLARS ($500).
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 ANY GOLD CHART DATA APPEARING ON THIS SITE. ANY SUCH DATA IS PREPARED BY THIRD PARTIES, AND IS INCLUDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.
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 PROVINCES, TERRITORIES 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.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada, as applicable, without regard to its conflict of law provisions. The United Nations Convention for the International Sale of Goods shall not apply. Our failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall 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 the services offered by The Shopping Channel must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Subject to any applicable law, any such claim or cause of action must be filed in the courts of the Province of Ontario, City of Toronto. Each party consents to the venue and jurisdiction of said courts. You shall indemnify Us for any and all costs incurred by Us in defending any civil action filed by You or on Your behalf, or attempted to be filed by You or on Your behalf, in any jurisdiction outside of Toronto, Ontario, including but not limited to, attorneys' fees incurred by Us. You hereby expressly waive any right to trial by jury.
You agree to indemnify and hold The Shopping Channel, Our subsidiaries, affiliates, partners, subcontractors, 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 use of Our website, or its content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set out herein.
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.
No Third Party Beneficiaries.
This Agreement is between You and The Shopping Channel. There are no third party beneficiaries to this Agreement.
You may not assign Your rights under this Agreement to any third party; We may assign Our rights under this Agreement without condition.
Québec - Language
The parties hereby confirm their express wish that this agreement and agreements directly related thereto be drawn up in English. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que les conventions qui s'y rattachent directement soient rédigés en anglais.
*(Business hours are Monday-Saturday 10:00 a.m. - 11:00 p.m. ET, and Sunday 10:00 a.m. - 9:00 p.m. ET, excluding holidays.)