Terms And Conditions
The following terms and conditions apply to transactions with Meridian Diamond Corp and supersede and replace any inconsistent statement contained in any materials, websites or advertisements.
The following terms and conditions are legally binding on you as a user of our services. Please do not send us any merchandise or make use of our site if you choose to not accept and agree to the following terms and conditions.
Terms and Conditions
The terms “YOU” and “YOUR(S)” contained in the following terms and conditions are in reference to any individual utilizing this website and/or sending any merchandise containing precious metals (to contain but are not limited to; gold, silver or platinum) gemstones (to contain but are not limited to; diamonds, rubies, sapphires and emeralds) or any items believed to be a precious metal or gemstone as previously mentioned.
The terms “WE”, “OUR” and “US” refer to Meridian Diamond Corp (through any of its divisions) in addition to any Meridian Diamond Corp subsidiaries, successors and affiliates.
Ownership of Merchandise
It is agreed and you declare under penalty of perjury that the following is true and correct. (1.) You are at least 18 years old; (2.) The government issued identification number and other identifying information provided by you to us is true and correct; (3.) You are the lawful owner of the goods you are shipping us and you have absolute authority to sell the goods; (4.) You are acting on your own and not on the behalf of another individual or entity; (5.) The goods that you are sending us are free and clear of any liens, liabilities or encumbrances; (6.) You have described the goods you are selling accurately and completely; (7.) You rightfully own and posses these goods and have not acquired these goods through any illegal activity in the United States or any other country; (8.) This merchandise you are selling us will not cause or result in us being in violation of the U.S. Patriot act, anti-money laundering, anti-terrorism or any other applicable laws of the United States or any other country; (9.) You will not send any illegal materials or substances to us.
You agree to and will indemnify us and hold us harmless from and against any and all claims, investigations, liabilities, suits, judgments, obligations and damages related to or arising from any noncompliance with any of the foregoing or the title to, ownership of or lien on any goods you are selling or purport to or arrange to sell to us.
Compliance with Government Agencies
According to Florida State Law, (Statutes Section 538.32), in order to process your payment, we are required to obtain from you for any and all transactions; (1.) Your driver’s license or other government issued identification number; (2.)Your legal name, address, phone number and email address; (3.) A signed and sworn statement that the information provided is correct and that you are the lawful owner of the goods with absolute authority to sell the goods. In addition to these terms, we have also instituted an Anti Money Laundering program in accordance with the US Patriot Act. We may need more information from you in order for us to meet requirements and comply with the aforementioned programs.
We reserve the right to disclose your personal information with law enforcement and government agencies upon their request, as required by law or at our discretion if we believe that disclosure is necessary to protect our rights and/or to comply with our aforementioned programs, judicial proceedings, court orders or legal process.
Loss or Damage Guarantee
We are not responsible for any loss, theft or damage of your goods that you ship to us by any means of shipment other than the means of shipment that we provide to you in the form of a free, and fully insured (up to $1,000.00) label and packaging. You bear all risk of loss or damage of your goods until we acknowledge receipt and verification of your goods. We do not recommend for you to send us any goods that are not insured for the value that you anticipate receiving for your goods.
We reserve the right, and at our sole discretion may reject, delivery of any package or mail that we feel appears to have been damaged, opened or tampered with. Inbound materials that we have rejected, will not be deemed as received by us. These such goods will be returned to you, and we will bear no liability for the attempted delivery or return of goods to you.
Merchandise that you have sent to us utilizing a proprietary mailing kit provided by us is guaranteed against any loss, damage or theft for up to $1,000.00 or more upon written request prior to loss, damage or theft of the items. It is your sole responsibility to inform us of any value that would exceed $1,000.00 for us to arrange additional insurance on your particular items that you intend to ship to us.
In order to file a claim of loss, you must provide (1.) A proof of shipment receipt (Your package must be dropped off with an employee of the postal service that corresponds with your particular package, and you must receive a receipt for proof of shipment. Dropping a package in an unattended box, voids any loss or damage guarantee contained within the terms of this agreement); (2.) Proof that merchandise is lost; (3.) Receipts, Appraisals and Descriptions of the items and their value for your lost goods; (4.) Proof of filing a claim with us and the particular shipping provider within 30 days of shipment.
In order to file a claim of damage, you must provide (1.) A proof of shipment receipt (Your package must be dropped off with an employee of the postal service that corresponds with your particular package, and you must receive a receipt for proof of shipment. Dropping a package in an unattended box, voids any loss or damage guarantee contained within the terms of this agreement); (2.) Proof that merchandise has been damaged through the shipping process; (3.) Receipts, Appraisals and Descriptions of the items and their value for your lost goods; (4.) Proof of filing a claim with us and the particular shipping provider within 30 days of shipment.
In the event of loss or damage after receipt by us has been acknowledged and the goods have been verified, our liability will be limited to a payment not to exceed $1,000.00.
If we are not provided with all of the aforementioned items required to process a claim involving loss or damage within 30 days of the date of shipment, you expressly acknowledge your forfeiture of any claim for loss or damage. A claim form (provided by us) must be completed in it’s entirety and signed and dated in order to process or consider any claims.
Evaluation and Offer for Payment
Upon receiving your items and our determination of value for your items, we will in our sole discretion, provide you with an offer for your items, either by means of telephone or email, prior to writing a check or making any other form of payment for your items.
Our offers are for payment made within 24 hours, and are not presented in a form of written appraisal, and will be through the form of a written or verbal conversation, which we may at our own discretion monitor or record at anytime.
We reserve the right to make, provide or otherwise deny the issuance of any shipping materials, make or not make an offer for payment for your items, pursue or not pursue purchase for your items, or either keep or return your items.
Settlement
Upon your acceptance of our oral or written offer via email, phone or in person, you will be legally bound by such transaction, and we will be obligated to make a payment to you for your items. You will no longer have the opportunity to rescind the transaction that has ensued, and we will no longer ship said items back to you. Offers for purchase after a physical evaluation, may differ from any previous quote that we may have provided.
Settlement will be paid for by means of check, ACH or bank wire (a fee will be charged for a bank wire). Upon acceptance of a check for payment for your items, to you, and from us, you will no longer have the opportunity to rescind the transaction or receive your merchandise back from us. If you decide to not accept our check for payment to you and would prefer your items be returned, you must call us at 1-866-966-9454 to provide notice that you are not accepting payment, and inform a customer service representative within 10 days of our offer. In addition to your phone call, all checks must be returned to Meridian Diamond Corp 5401 West Kennedy Blvd Suite 810, Tampa, FL 33609. All transactions by ACH and Wire Transfer are final.
Methods of Payment
- Company Check: Sent via United States Postal Service. This will be the standard and default method of payment for your items. By not specifying a method of payment on the form enclosed in your gold kit, you will receive a check via mail through the United States Postal Service.
- Company check sent overnight via FedEx or UPS. A $20 fee will apply to company checks sent via these services, and this $20 fee will be deducted from the settlement for your items.
- Wire Transfer: Sent directly into your bank account. Proper information and a voided check including your banks, ABA Routing number, account number, and address must be included in your shipment to us, in order to initiate a wire transfer. A fee of $20 will be deducted from the settlement for your items for all wire transfers. Your bank may charge an additional fee for incoming wire transfers, and we have no control over these fees.
- Paypal: We can transfer money into your previously establushed Paypal account. Paypal is a third party payment service and may charge an additional fee, in addition to your bank possibly charging an additional fee for money to be transferred into you account through Paypal.
Merchandise Returns:
If your merchandise is returned to you, pursuant to the aforementioned terms and conditions, we will ship your items back to you at the address that we initially sent your mail in kit to according to our records, via our chosen shipping method, and at our sole expense. We will provide full insurance for this package in the amount equal to and not to exceed the full amount of the rejected settlement for your items. If our settlement offer happens to be for an amount less than or equal to $5.00, your items will not be returned to you at our expense and will instead be returned by COD in the amount of our forgone expenses involved in receiving and returning your items. You will be responsible for COD charges by the United States Postal Service upon the return of your package.
Completion of Purchase Agreement
You must fill out in its entirety, sign and date the purchase agreement provided by us upon agreement of a settlement for your items. You must email or fax this purchase agreement back to us, before any form of settlement is made.
Limitation of Liability:
IN ALL EVENTS AND CIRCUMSTANCES, LISTED AND DRAWN OUT WITHIN THESE TERMS AND CONDITIONS, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR ACTIONS FOR LOST, DAMAGED OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE LESSER OF OUR SETTLEMENT OFFER TO YOU OR $1,000 PER TRANSACTION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR (1) CLAIMS, DEMANDS OR ACTIONS FOR ANY SUBROGATION CLAIMS BROUGHT BY YOUR INSURANCE CARRIER(S), AND YOU EXPRESSELY ND SPECIFICALLY WAIVE ANY SUBROGATION CLAIMON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE ON YOUR BEHALF AS WELL AS ON BEHALF OF YOU INSURANCE CARRIER ; OR (2) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFIT OR OPPORTUNITY
Miscellaneous:
Meridian Diamond Corp. is licensed to conduct business and second hand purchases in the State of Florida. Pursuant to the rules of the American Arbitration Association, said you expressely agree that any claims, lawsuits, actions, disputes, controversies or other matters against us (Meridian Diamond Corp) arising out of or relating to this agreement or breach thereof shall be settled solely and exclusively via binding arbitration. Such arbitration shall take place in Hillsborough County, Florida, USA. You expressely agree that any such court and/or arbitration has personal jurisdictions over you. Your waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree that each party (being us and you) shall bear its own attorney fees and expenses. You agree to abide by all decisions and awards rendered in such arbitraion proceedings, and that such decisions and awards rendered by the arbitrator shall be final and conclusive. You agree that the arbitrator shall be required to follow applicable Florida laws. You agree that the venue for arbitration shall be in Hillsborough County, Florida, USA. All references for days shall refer to business days and fall between the hours of 9 A.M. and 6 P.M.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.
