These Terms & Conditions of Trade (Terms) will apply to all dealings between Gold Smart Limited (Gold Smart) and any other person (Customer) (together the Parties)
The Customer will be required to provide evidence satisfactory to Gold Smart (including photo identification) of the Customer’s date of birth, current residential address and telephone number. Gold Smart will not purchase items from persons under the age of 18 years.
2. Customer warranties
The Customer warrants that:
- the Customer is the legal and beneficial owner of all Item(s) sent or delivered to Gold Smart;
- the Item(s) are not subject to any security interest, lien, encumbrance or other financial arrangement;
- the Customer has the unconditional right to sell the Item(s) to Gold Smart;.
- the Customer will not do (or omit to do) anything which affects or changes any of the above warranties after it has provided the Item(s) to Gold Smart.
Notwithstanding 2(d) above, should anything change in respect of the Customer’s ownership of any Item(s) it has provided to Gold Smart, the Customer will notify Gold Smart immediately in writing.
3. Delivery, risk, insurance
- Any item sent by a Customer to Gold Smart (Item(s)) will be at the risk of the Customer until actual physical receipt of the item by Gold Smart, which occurs at the time authorised Gold Smart personnel sign to accept the relevant delivery, at which point risk passes to Gold Smart. The Customer is required to take a photo of each Item and the courier bag it will be sent in before sending any Item to Gold Smart for inspection and testing and must submit a copy of those photos to Gold Smart via email before inspection and testing will be undertaken.
- In the event that any Item is returned by Gold Smart to the Customer, Gold Smart will either hand the Item to the Customer in person or send the Item by courier to the address provided by the Customer. Gold Smart’s preference is to return Items to a Courier Post Depot for Parcel Collection and not a residential address to reduce the risk of loss or damage to Items upon return delivery. Risk of loss or damage to the Item shall pass from Gold Smart to the Customer at the point the Item is handed to the Customer in person or delivered to the Customer’s specified address. Customer acknowledges and confirms that Gold Smart accepts no responsibility or liability for returned Items following delivery.
- The Customer acknowledges that where they have accepted delivery on the basis of “authority to leave” or have in place a standing equivalent delivery offering at the specified delivery address, then title and risk in the Items will pass to the Customer upon the courier delivering the relevant Items to the place of delivery that the Customer has nominated in writing to Gold Smart. Gold Smart recommends the Customer has in place appropriate insurance to cover any potential loss or damage to Items that are returned and delivered on the basis of an “authority to leave” or equivalent delivery offering where signature on delivery is not required or obtained.
4. Inspection and testing
- Gold Smart requires Items for inspection and testing prior to making any purchase. Inspection and testing will be undertaken at the location required by Gold Smart, usually within 5 business days of receiving Item(s), although this is just a guideline and timeframes may be subject to reasonable change based on Gold Smart’s capacity. Gold Smart will take reasonable care of all Item(s) during inspection and testing, having regard to the individual nature, age, condition and construction of each Item.
- Where Gold Smart reasonably considers that any Item is not of an acceptable quality or standard, or the Item is too fragile, delicate and/or has broken components which may be affected by the required inspection and testing, it reserves the right to refuse to inspect and test such Items. Customer is responsible for removing any precious stones from Items prior to delivery to Gold Smart for inspection and testing.
- Customer acknowledges and agrees that to enable Gold Smart to undertake proper inspection and testing of Items, some Items may incur or be subject to minor damage, impairment or alteration. Gold Smart shall not be responsible for any damage to Customer Item(s) where such damage reasonably arises from the inspection and testing process, unless such damage is caused to or contributed to by Gold Smart’s wilful negligence. Gold Smart shall seek the Customer’s consent before undertaking any invasive testing that may significantly damage or alter the composition of an Item.
- Gold Smart will endeavour to update the Customer regarding the outcome of the inspection and testing of Item(s) within 5 business days of receipt of the Item(s). This timeframe is a guideline only and may be subject to reasonable delays where Gold Smart is particularly busy and/or where any Customer has provided multiple Items to Gold Smart, in which case Gold Smart will only update the Customer once inspection and testing of all that Customer’s Items has been completed.
- Following completion of inspection and testing, Gold Smart will notify the Customer whether it wishes to purchase any Item(s) in line with the Confirmation of purchase details below, and/or notify the Customer that it does not wish to purchase certain Item(s), together with options for collection, return or disposal of the relevant Item(s).
5. Confirmation of purchase
- In the event that Gold Smart wishes to purchase any Item(s) from the Customer, the details and terms of the proposed transaction, including the price offered by Gold Smart, will be recorded in writing (Purchase Confirmation Form) and provided to the Customer either in person or by phone or email.
- Each Purchase Confirmation Form is valid for 5 business days from the date it is published by Gold Smart, at which point it will expire and is no longer capable of acceptance by the Customer. Where a Customer has not formally accepted any Purchase Confirmation Form by the relevant expiry date, but still wishes to sell the Item(s) to Gold Smart, the Customer may request a new Purchase Confirmation Form from Gold Smart. Gold Smart may issue a revised Purchase Confirmation Form (but is under no obligation to do so), and the Customer acknowledges and confirms that any reissued Purchase Confirmation Forms may be subject to changes in price and/or other terms, to reflect changes in market conditions.
- No contract for the sale by the Customer of any Item(s) to Gold Smart will exist until such time as the Customer has confirmed agreement to the offer and details set out on the Purchase Confirmation Form, either by signing and returning the Purchase Confirmation Form or by some other means (e.g., by confirming acceptance by email, phone or in person).
6. Transfer of ownership
- Ownership of any Item shall pass from the Customer to Gold Smart upon Customer’s acceptance of the details set out on the Purchase Confirmation Form and Gold Smart has made payment of the agreed price to the Customer.
- At any time prior to accepting a Purchase Confirmation Form, the Customer may request Gold Smart to return the relevant Item(s) to its nominated Courier Post Depot for Parcel Collection or the Customer may collect the Item(s) itself, by giving Gold Smart 48 hours’ prior notice.
- Where Gold Smart does not receive a response from a Customer in relation to any Purchase Confirmation Form on or before the relevant expiry date, it shall hold the Item for a reasonable length of time before disposing of the Item. Gold Smart shall have no liability to the Customer in respect of Items that are disposed of where the Customer has failed to respond to a notification from Gold Smart within a reasonable period of time.
Gold Smart will make payment for Items which are the subject of accepted Purchase Confirmation Forms for the specified amount set out on the relevant form within one (3) business days of acceptance by the Customer. Payment will be made by direct deposit to the bank account nominated by the Customer.
8. Limitation of liability
Gold Smart’s liability to any Customer for any breach of contract, loss, costs, damages, other action or contravention of any statute or law shall not exceed the current market value of the relevant Item(s) provided by the Customer for the appraisal process anticipated by these Terms, in all cases based on reasonable information made available to Gold Smart in relation to the relevant Item(s). Gold Smart shall not be liable for any loss of income or profits or any indirect, consequential or punitive damages including damages payable to any third party.
9. Consumer guarantees
Where the Customer is a ‘consumer’ for the purposes of the Consumer Guarantees Act 1993, and/or Fair Trading Act 1986, nothing in these terms and conditions shall affect or limit that Customer’s rights and remedies under the Consumer Guarantees Act 1993, and/or Fair Trading Act 1986.
10. Information and privacy
- All contracts between Gold Smart and the Customer: (a) shall be governed by the laws of New Zealand; and (b) may only be varied by written agreement signed by both Gold Smart and the Customer.
- Subject to clause 9 above, where there is any dispute in relation to these Terms, a Customer’s Item(s) and/or Purchase Confirmation Form, the Parties agree to discuss such dispute in good faith in the first instance to resolve it between themselves. Notwithstanding either party’s right to claim injunctive relief, where the Parties are unable to resolve any dispute directly, the Parties agree to refer any such dispute to mediation and to participate in mediation in good faith before pursuing any formal proceedings.