Terms and Conditions
The terms and conditions below are legally binding on you as a customer of Gold Promise, which is operated by Cash America Pawn L.P. and certain of its affiliates (collectively, “Cash America”), and inure to the benefit of Cash America and its affiliates, successors, officers, directors, assigns, agents and employees. By submitting items to Cash America, you are agreeing to all terms and conditions set forth herein and affirming that you are over 18 years of age and that you are the actual legal owner of all items submitted by you to Cash America.
- Requirements of Use
You must be at least 18 years of age to order a Gold Promise kit, to send Cash America your gold, jewelry or other property or to otherwise conduct Gold Promise business with Cash America. In addition, you must be (and, by submitting your item, you represent and warrant that you are) the actual legal owner of any and all gold, jewelry and other property sold or attempted to be sold to Cash America. You further represent and warrant the property sent to Cash America is free of any liens or other encumbrances. Cash America may request documentation or other proof of compliance with these requirements.
- 200% Best Price Promise
Cash America will pay an amount up to 200% of any online competitor’s written offer. For purposes of these terms and conditions, an online competitor is any online gold buyer whose primary business is the purchase of gold online who does not own or operate or is not affiliated with any retail location. The online competitor’s written offer must: (i) describe the exact same items sent to Cash America for evaluation, (ii) specify the amount being offered to the customer for the items, less any fees charged by the online competitor, and (iii) not be more than fourteen (14) days old as of the date Cash America receives the offer. The online competitor’s offer must be submitted at the time you submit your items to Cash America and the items subject to the competitor’s offer must meet Cash America’s requirements for purchase. Notwithstanding the foregoing, while Cash America will pay an amount up to 200% of any online competitor’s written offer, in no event will Cash America pay more than 100% of full liquidation market value. For gold items, full liquidation market value is typically calculated based on the end-of-day spot price of gold (as shown at Kitco.com, MarketWatch.com and Goldprice.org) on the day of evaluation.
The 200% Best Price Promise is intended to provide Gold Promise customers with a superior price for their item(s); however, it is not intended to guarantee that customers are receiving the best price in the marketplace. The 200% Best Price Promise is offered to Gold Promise customers only and is not available at Cash America store locations.
- Evaluation and Purchase of Items
Cash America will accept gold, platinum, diamonds and high-end watches for evaluation. Gold and platinum will be evaluated based on each item’s purity and gram weight. Although Cash America does not accept gold-filled items, gold-plated items, colored stones (including precious, semi-precious, lab-created, imitation or synthetic gemstones) or silver items for purchase, it may assess a nominal value to these items and make a nominal offer for these items for administrative purposes. The purity of gold is tested using acceptable industry practices. Diamonds will be evaluated based on the item’s genuineness, carat weight, color, clarity and cut quality as well as the current market value. If you submit any colored, non-diamond stones, Cash America will evaluate the precious metal content, if any, associated with the item and base any offer on the precious metal content. High-end watches will be evaluated based on the resale market for said watches. During the evaluation of your item(s), you authorize Cash America to use accepted industry testing practices and procedures.
Cash America reserves the right, in its sole discretion, to reject delivery of any, envelope or package that appears damaged, opened or tampered with, and any such rejected, envelope or package will be returned to you.
Cash America will videotape the process of opening your package. Cash America will make this video available to you; such video is for information purposes only. You hereby agree that such video cannot be used by you as a basis for making an insurance claim.
- Offers for Items via Direct Deposit, PayPal™ or Check
If your items meet the purchase requirements set forth herein or are assessed a nominal value, Cash America will make an offer for these items via one of three methods, at Cash America’s expense, based on your selection: (i) direct deposit to a financial institution that you designate, (ii) PayPal™, or (iii) check. By selecting to receive Cash America’s offer via direct deposit or PayPal™, you authorize Cash America to initiate a deposit to the bank account you provide or to your PayPal™ account. If there is any missing or erroneous information regarding your PayPal™ account, bank, bank routing and transit number, or account number, then you authorize Cash America to verify and correct such information. Irrespective of the method of payment you choose, Cash America will send a payment to you within twenty-four (24) hours of completion of the review of the contents of your shipment. If your shipment does not contain a proper return mailing address or is missing other information, your payment may be delayed while Cash America locates the information needed to complete its review. The amount of any offer is final and not subject to negotiation. PayPal™ and the PayPal logo are trademarks of PayPal, Inc.
- 30-Day Guarantee
You may choose to reject Cash America’s offer at any time within 30 days from either the date your bank account or PayPal™ account is credited or the date printed on the check offer, as applicable. If you decide to reject Cash America’s offer, within the 30 day period described above, you must do one of the following: (i) if you received payment via PayPal, return or reject the payment you receive via PayPal™, or send us a check or money order for the amount that was credited to your PayPal™ account, (ii) if you received payment via direct deposit, send us a check or money order for the amount that was credited to your bank account or (iii) If you received a check offer, send us back the check offer you received in the mail. If you do not cash Cash America’s check offer, you must return the check offer to Cash America. The envelope you use to send us your check must be postmarked within the 30 day period, and, accordingly, we recommend that you request tracking on this envelope. Once Cash America receives payment or the check offer is returned to Cash America, your items will be sent to you, post-marked within 15 days of that date. Cash America accepts only personal checks or money orders and not any other form of payment. All payments must be mailed to:
1600 W. 7th Street
Fort Worth, Texas 76102
If you do not send us a payment for the amount that was credited to your PayPal™ account or bank account within the 30 days after the date your PayPal™ account or bank account was credited, you will be deemed to have accepted Cash America’s non-negotiable offer and you agree that the transaction is complete and non-reversible. If you cash Cash America’s check offer at any time, the 30 Day Guarantee will cease to exist and you will be deemed to have accepted Cash America’s non-negotiable offer and you agree that the transaction is complete and non-reversible. You acknowledge and understand that no written or oral correspondence is sufficient to communicate rejection of Cash America’s offer. You must take affirmative action by returning Cash America’s check offer, or sending Cash America payment (not available with a check offer) to communicate rejection of Cash America’s offer.
Insurance is only available for items which are shipped to Cash America using a GP InsureTrack Envelope™ or Cash America-supplied shipping label. If you choose to send your items via a different shipping method, these items will not be insured by Cash America, and Cash America recommends that you insure your shipment at your own expense.
If your package is lost while being sent to or from Cash America (as determined by the United States Postal Service) or if any of your items are lost while in Cash America’s possession after your package has been reviewed and inventoried (as determined by Cash America in its sole discretion), Cash America’s liability is limited to the LOWEST of the following: (1) the liquidation value placed on your item(s) by Cash America in its sole discretion; (2) one third of the appraised value or the purchase receipt value for your item(s) (the appraisal must be written prior to the date of the submission of your item(s) to Cash America and must be issued by a licensed appraiser); or (3) $2500.00 (or a greater amount, if Cash America approves such amount in the manner described below), provided you provide purchase receipts or appraisals (pictures may also be helpful but will not be sufficient). The determination of eligibility for insurance and the amount of liability will be made by Cash America in its sole discretion. You agree that Cash America will have no liability and will not owe any insurance proceeds if your losses arise under any circumstances other than those described above.
You acknowledge and agree that Cash America’s liability will be limited to $100.00 unless you provide purchase receipts or appraisals (pictures may also be helpful but will not be sufficient) for the item(s) to Cash America in connection with an insurance claim, as described in the Insurance Claim Procedures section. If you do not have purchase receipts or appraisals of your item(s) or you are not satisfied with Cash America’s policy, Cash America recommends that you insure your shipment at your own expense.
If you would like to insure your item(s) for an amount greater than $2,500.00, you may contact Cash America at 800-499-TRUST to request a higher level of insurance at no charge. This request must be made prior to the time you mail your item(s). Cash America reserves the right in its sole discretion to refuse to provide insurance for an amount greater than $2,500.00.
By sending Cash America your item(s), you expressly acknowledge and accept the terms and conditions of the foregoing paragraphs under the heading of “Insurance.”
- Insurance Claim Procedures
In order to make a claim for loss to Cash America, you must submit a claim to Cash America in writing within 45 days of the date you send Cash America your package. This written claim must be mailed to Cash America GP Claims, 1600 W. 7th Street, Fort Worth, TX 76102. Cash America will not accept or process your written claim unless it includes proper identification (e.g., Transaction ID number, email address or phone number), a description of the alleged loss, and any and all supporting documentation, including but not limited to, pictures, purchase receipts or appraisals. Failure to comply with these requirements may result in the denial of your claim by Cash America.
- Return of Merchandise
If you reject Cash America’s offer for your items in accordance with the procedures above, your item(s) will be sent to you within 15 days after Cash America receives proper payment or after the check offer is returned to Cash America or otherwise voided, as applicable. If Cash America receives a package that contains no item(s) that Cash America can purchase, the item(s) will be sent via the United States Postal Service to the address provided within 15 days of receipt of the package by Cash America. Cash America will insure any item returned to you in accordance with the procedures described above.
- Limitation of Liability
The limitations of liability set forth herein shall be binding on you and any third party, including, but not limited to, you and your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with Cash America. In no event shall Cash America be liable to any third party, including any insurance carrier. Cash America shall not be liable for any subrogation claim brought by your insurance carrier, and, by submitting an item to Cash America, you expressly waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
Except as expressly provided in these terms and conditions, Cash America will have no liability to you whatsoever, whether arising in connection with your use of the Gold Promise website, loss of gold, jewelry or other property or for any other reason, including, without limitation, Cash America's own acts or omissions. Unless you use a GP InsureTrack Envelope™ or Cash America-supplied shipping label, Cash America assumes no liability for stolen, misdirected, mutilated, illegible or postage due packages or mail sent by you to Cash America. Cash America will not be liable to you for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as expressly set forth in these terms and conditions.
With respect to guarantees and promises made by Cash America you acknowledge and agree that it is possible that operational problems may occur from time to time due to matters totally beyond the reasonable control of Cash America, including, without limitation, those due to acts of God; fires; acts of terrorism or civil disturbances; embargos; strikes, lockouts or other labor disputes; acts of financial institutions or other service providers; government requirements; power shortages, fluctuations or blackouts; equipment malfunctions; periodic maintenance procedures or repairs which Cash America may undertake; and other causes. You acknowledge and agree that Cash America cannot assure the availability of its services on a continuous or uninterrupted basis. However, Cash America agrees to use commercially reasonable efforts to minimize disruption, inaccessibility, and inoperability of its services. Notwithstanding the foregoing, Cash America shall be solely responsible for liability due to conduct and occurrences within its control, willful misconduct, bad faith or gross negligence.
By submitting your item(s), you expressly acknowledge and accept this limitation of liability.
- Dispute Resolution and Arbitration Provision (“Arbitration Provision”) Discussions and Small Claims Tribunal
In the event of any dispute, controversy or disagreement (“Disagreement”) between Cash America (including any related third parties, agents, or assigns) and you, the parties will attempt to resolve such Disagreement by discussions which should be initiated by either party sending the other party written notice describing the Disagreement (“Discussions”). Such notice must be mailed to Cash America GP Claims, 1600 W. 7th Street, Fort Worth, TX 76102. If Cash America submits the aforementioned written notice, such notice will be sent to the address you provide. The term “Disagreements” includes all claims asserted on your behalf by another person, all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties (hereinafter referred to as “Representative Claims”).
- Small Claims Disputes. If a Disagreement cannot be resolved by Discussions within the 30 days of receipt of the written notice, a party may elevate the complaint to the appropriate administrative agency or court of law, provided the value of your claim in no way exceeds $10,000 (“Small Claims Dispute”). Any appeal of a judgment from that court shall be resolved by binding arbitration. The institution and maintenance by you or us of any action set forth in this paragraph shall not constitute a waiver of the right to submit any Disagreement to arbitration, including any counterclaim asserted.
- Arbitration. Arbitration is a process in which persons with Disagreements: (a) agree to submit their Disagreements to a neutral third person (an “arbitrator”) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their Disagreements. Each party to the Disagreement has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the Disagreement, which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
- Arbitration Association. For Disagreements of $10,000.00 or more, the parties agree to have the Disagreement settled by binding arbitration administered by the American Arbitration Association (1-800-778-7879) www.adr.org (AAA) or J.A.M.S. (1-800-351-5264) www.jamsadr.com (JAMS) and by a single arbitrator agreed to by both parties. However, the parties may agree to select a single local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to the arbitrator’s rules. If AAA and JAMS are not available to administer the arbitration, and the parties cannot otherwise agree on a substitute, then you and we authorize a court with appropriate jurisdiction to select an arbitration administrator.
- Court and Class Action Waivers. You acknowledge and agree that by entering into this Arbitration Provision:
- (a) YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT, OTHER THAN A COURT OF LIMITED JURISDICTION (e.g. small claims court), RESOLVE ANY DISAGREEMENT ALLEGED AGAINST US OR RELATED THIRD PARTIES; and
- (b) YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
- Costs. Regardless of who demands arbitration, Cash America will pay the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator's fees (“Arbitration Fees”). Throughout the arbitration, each party shall bear its own attorneys' fees and expenses, such as witness and expert witness fees, provided that Cash America will pay your fees of this type if required by applicable law, if you prevail in the arbitration or if required for us to enforce this binding arbitration provision.
- Interstate Commerce and Applicable Law. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”). The arbitrator shall apply applicable substantive law consistent with the FAA, shall abide by applicable statutes of limitation, and shall honor claims of privilege recognized at law.
- Location. The arbitration hearing will be conducted in such place as ordered by the arbitrator or required by law.
- Procedure. Any party to a Disagreement, including related third parties, may send the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the Disagreement along with the relief requested, even if a lawsuit has been filed. Regardless of who demands arbitration, you shall have the right to select JAMS or AAA as arbitration organizations to administer the arbitration. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In conducting the arbitration proceeding, the arbitrator shall not be required to apply any federal or state rules of civil procedure or evidence. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail return receipt requested of your decision to select an alternative arbitration organization. If you fail to notify us, then we have the right to select an arbitration organization. The parties to the Disagreement will be governed by the rules and procedures of the arbitration organization applicable to consumer Disagreements, to the extent those rules and procedures do not contradict the express terms of this Contract, including the Arbitration Provision. You may get a copy of the rules and procedures by contacting the arbitration organization listed above.
- No Class Arbitration. Except as provided for Small Claim Disputes, all Disagreements, including any Representative Claims against us or related third parties shall be resolved by binding arbitration only on an individual basis with you. THEREFORE, THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION. THE ARBITRATOR SHALL ALSO NOT ALLOW YOU TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
- Award. Except as otherwise provided and subject to limitations under applicable law, the arbitrator may award statutory damages, reasonable attorneys’ fees, and expenses. If the arbitrator renders a decision in your favor awarding monetary damages and the award is less than the maximum amount allowed to be awarded in your state’s court of limited jurisdiction, then your award will be automatically increased to $100 more than that maximum amount. Regardless of whether the arbitrator renders a decision or an award in your favor resolving the Disagreement, you will not be responsible for reimbursing us for your portion of the Arbitration Fees. At the timely request of any party, the arbitrator shall provide a written explanation for the award. The arbitrator’s award may be filed with any court having jurisdiction.
- Appeal and Appeal Costs. Either party may appeal the arbitrator's decision within 30 days to a single arbitrator or a three-arbitrator panel from the same arbitration organization originally chosen, which shall review the award de novo (without regard to the original decision). If you decide to appeal the decision, then Cash America will pay your portion of the Arbitration Fees associated with the appeal.
- Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits Cash America, its successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
- Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth in the No Class Arbitration paragraph is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.
- Opt-Out. The parties will not resort to judicial remedies with respect to a Disagreement without first seeking to resolve such Disagreement pursuant to the procedures set forth in this section. Notwithstanding the foregoing, you may choose to opt out of this binding arbitration provision, but only by following the process set forth below. If you do not wish to be subject to this binding arbitration provision, then you must notify us in writing postmarked within sixty (60) calendar days of the date you send your items to Cash America, at the following address: GP Arbitration Opt-Out, 1600 W. 7th Street, Fort Worth, Texas 76102. Your written notice must include your name, address, the date you sent your items, and a statement that you wish to opt out of this binding arbitration provision, and this written notice must not be sent with any other correspondence. Indicating your desire to opt-out of this binding arbitration provision in any manner other than as provided above is insufficient notice. Your decision to opt out of this binding arbitration provision will not affect your other rights or responsibilities.
- Choice of Law
The Arbitration Provision is governed by the FAA and the remaining terms and conditions, and all Cash America transactions, shall be governed by the laws of the State of Texas without regard to any conflicts of law provisions.
- Changes to Terms and Conditions
These Terms and Conditions may be updated or revised from time to time without prior separate notification to you. You should verify the most current Terms and Conditions each time you access the Website (www.goldpromise.com) for updates.