THESE TERMS AND CONDITIONS SUPERCEDE AND REPLACE ANY INCONSISTENT STATEMENT IN ANY THINGSWEBUY® MATERIALS, ADVERTISEMENT OR ON OUR WEBSITE AT WWW.THINGSWEBUY.COM.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, DO NOT SEND ANY ITEM(S) TO US.
The terms and conditions below are legally binding on you as a user of the ThingsWeBuy® service, the ThingsWeBuy web site(s), and/or as a customer of Lippincott, LLC ("Lippincott"), and inure to the benefit of Lippincott and its successors and assigns.
Requirements for use. You must be (and, by requesting, receiving or using a Safe-Pak or other ThingsWeBuy materials, sending Lippincott any gold, diamonds, jewelry, watches or other property or items, whether using a Safe-Pak, other materials provided by Lippincott or otherwise (individually, an "Item", and collectively, "Items"), or otherwise conducting business with Lippincott, you represent and warrant that you are):
(i) At least twenty-one (21) years of age;
(ii) The actual legal owner of any and all Items sold or attempted to be sold to Lippincott or specifically authorized in writing to sell the Items to Lippincott;
(iii) Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and
(iv) Intending and agreeing to be legally bound by these terms and conditions.
Lippincott may request documentation or other proof of compliance with any of these requirements.
You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to Lippincott and that you have full authority to solely engage in the transaction with Lippincott.
You agree to and will indemnify and hold harmless Lippincott from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to Lippincott.
Offer and acceptance
(i) After receipt and verification and/or appraisal of your Item(s), Lippincott will, in its sole discretion, either (A) provide a telephone or e-mail offer or (B) instead of making an offer, issue a check that constitutes Lippincott's payment for the purchase of your Item(s).
(ii) With respect to telephone or e-mail offers, upon your acceptance, oral or written, of such offer, you will be legally bound by such transaction, Lippincott will be obligated to make payment and you will not have the opportunity or right to rescind the transaction or receive your items back from Lippincott. Lippincott’s offer, after a physical evaluation of your items, may differ from our preliminary quote.
(iii) With respect to checks issued for payment without a telephone or e-mail offer, upon your cashing, deposit or other acceptance of the check, or your failure to provide timely notice of non-acceptance as provided below, you will be legally bound by the sale transaction and you will not have the opportunity or right to rescind the transaction or receive your Item(s) back from Lippincott. If you do not wish to accept Lippincott's check and would like your items back, you must call Lippincott at (800) 538-8188 to provide notice of your non-acceptance to a customer service representative within ten (10) days of the date on the check. Even if you call, you must also return your check to the Post Office Box indicated on the top left portion of the check. If Lippincott receives your phone call within such ten (10) day period, then after receiving your check Lippincott will return your Item(s), without charge to you, within fifteen (15) business days. In advance of Lippincott's issuing a check, you may request a telephone or e-mail quote for your Item(s). Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment by check will be issued promptly by Lippincott, and you will not have the opportunity or right to rescind the transaction or receive your items back from Lippincott.
(iv) Lippincott does not provide written appraisals. Conversations and negotiations may, at the discretion of Lippincott, be monitored and/or recorded.
Lippincott has the sole and absolute discretion to fulfill or not fulfill any request for a Safe-Pak or other ThingsWeBuy materials, to make or not make an offer or issue or not issue a check for any Item, or otherwise to pursue or not pursue the purchase of any Item.
Limitations of liability
(i) Lippincott will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than Lippincott, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until Lippincott acknowledges receipt and verification of your Item(s), even if you send Items in a Safe-Pak or other materials provided by Lippincott. You must not send any Item(s) to Lippincott unless you have insured the Item(s) for against loss in transit to Lippincott for your full anticipated value.
(ii) In the event of a loss or damage after Lippincott acknowledges receipt and verification of an Item, Lippincott's liability will be limited to one-third (1/3) of the appraised value of the lost or damaged Item or Ten Thousand Dollars ($10,000.00), whichever is less.
(iv) If you do not provide Lippincott with a written third party appraisal (issued prior to delivery to Lippincott) for the Item, the value of your Item for purposes of Lippincott's liability will be the liquidation value determined by Lippincott in its sole discretion. You expressly acknowledge and agree that if you do not provide such an appraisal, Lippincott's determination of value shall be conclusive and binding.
(v) In order to make a claim for loss or damage of an Item, you must submit a claim to Lippincott after thirty (30) days and within ninety (90) days of your mailing the Item to Lippincott. Such claim must be made on the claim form provided by Lippincott (available on request). Lippincott will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Lippincott in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form.
(vi) Lippincott reserves the right, in its sole discretion, to reject delivery of any Safe-Pak, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and Lippincott will have no liability for any such attempted delivery or return of any Item(s).
(vii) Except as expressly provided in item (ii) above, Lippincott will have and assumes no liability whatsoever, whether arising in connection with the use of the ThingsWeBuy service, ThingsWeBuy web site(s) or a Safe-Pak or other materials provided by Lippincott, the loss of any Item(s), or for any other reason, including, without limitation, Lippincott's own acts or omissions. Lippincott will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).
Return insurance liability limitation. Lippincott will insure any Item returned to you at the amount of two (2) times the offer made by Lippincott for such Item (regardless of whether and in what amount it was insured for when mailed by you). If Lippincott receives a written request from you prior to return shipment of your Item(s), Lippincott will increase the amount of insurance as requested by you, provided that you also forward a sum reasonably determined by Lippincott to cover insurance and administrative costs. Lippincott will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, Lippincott will have no liability whatsoever in connection with the return of any Item to you. Lippincott has no responsibility for payment by the insurance carrier, which may be less than the declared or insured value. Lippincott does not reimburse for or refund any postal expense or shipping cost paid or incurred by you, whether or not we purchase your Item(s).
Privacy policy. Lippincott's privacy policy is posted at www.thingswebuy.com/privacy_policy.asp. Such privacy policy, as amended from time to time, will be binding on you. Lippincott reserves the right, in its sole discretion, to monitor and/or record any telephone calls made or received by Lippincott.
Legal compliance. Lippincott has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program.
Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, 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 Lippincott. In no event will Lippincott be liable to any third party, including, without limitation, any insurance carrier. Lippincott will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
Choice of law, waiver and claims. These terms and conditions, and all Lippincott transactions doing business as ThingsWeBuy, will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Lippincott's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other terms and conditions will 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 ThingsWeBuy service or web site(s) or otherwise with Lippincott must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the Montgomery County, Pennsylvania. Lippincott will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the Montgomery County, Pennsylvania, including but not limited to, attorney's fees incurred by Lippincott.
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