Terms and Conditions

Terms and Conditions:
The terms and conditions contained herein and those described on our website (the "Agreement" hereafter) shall be binding on each and every customer of Halach Gold, Inc. DBA BESTPAY4GOLD, ("HALACH") owner of www.BestPay4Gold.com. HALACH purchases secondhand jewelry for refining through its website www.bestpay4gold.com. Purchase prices are based solely on the afternoon London Gold fixing on the day we process your Merchandise, a formula based on the karat grade contained in the jewelry and weight of the Merchandise, and any other factor that we deem to be appropriate. Please note that the company cannot pay for the value of any gemstones in the jewelry whatsoever.

Requirements for Use of our Services:
Every customer must be at least twenty-one (21) years of age in order to sell precious metals or jewelry to HALACH directly or through the website www.bestpay4gold.com. In addition, every customer of HALACH must be the actual legal owner of any and all gold, jewelry, and other property sold or attempted to be sold to HALACH directly or through her website www.bestpay4gold.com, and every customer must be acting on his or her own behalf and not as the agent or representative of another person. Every customer agree that their Merchandise is free of any and all claims, liens, or anything else that might adversely have an effect on the value of your Merchandise or your ability to sell it to us. HALACH may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph. By shipping your goods to HALACH via www.bestpay4gold.com, or delivering your goods directly to HALACH office you are agreeing to all terms and conditions set forth herein and those described on our website, www.bestpay4gold.com

Guaranty against Loss:
HALACH will guaranty against loss of the total contents properly shipped to HALACH directly or through her website www.BestPay4Gold.com in accordance with the instructions and procedures established by HALACH and subject to the terms and conditions herein and as described at www.BestPay4Gold.com. HALACH reserves the right, in its sole discretion, 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 by the U.S. Postal Service to the customer. www.bestpay4gold.com shall have no liability to any customer for any such attempted delivery or return of any such items. You agree to accurately list and describe the Merchandise that you send to us on a packing slip, If we determine, in our sole discretion, that there are discrepancies between the Merchandise as listed /described on your packing slip and the items we receive, or if no packing slip was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 2 business days at your cost by the FedEx® ("FedEx") shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100. We also reserve the right to ship your merchandise to you via USPS.

"Free Pick Up Service": Due to New York City Consumer Affairs regulations, we currently cannot pay individuals in locations other than our lisenced office in New York City. However, we will provide free evaluations and price quotes of items in qualifying times and locations. Qualifying times and locations are solely determined by us. To pick up payment please visit our office at 2 West 46th Street suite 1504 New York NY 10036

Method of Payment:
You can select one of the following methods of payments for your Settlement on BestPay4Gold's form;

• Company check Sent via United States Postal Service
• Company Check sent via FedEx Overnight shipping with the fee deducted from the payment of your Settlement.
• Deposit of an e-check into your Pay-Pal account in accordance with the instructions you provided to us.
• Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with the fee deducted from the payment of your Settlement.

Please note that if you fail to select a method of payment, then you will receive a company check via USPS regular mailing service.

By selecting the payment of your Settlement by deposit of an e-check into your PayPal account wire transfer of the settlement into your bank account on the form, you agree that the transaction is final and payment will be sent to you and Halach Gold Inc DBA BestPay4gold owns the merchandise and you will have no right to decline the Settlement or claim that the Merchandise be returned to you.

Method of Shipping Your Gold to us:
You can select one of the following free of charge inbound shipping methods:

USPS's First-Class mail service; use our prepaid envelop; it is automatically insured up to $100. FedEx Overnight Shipping; we can e-mail or mailed to you the prepaid airway bill instantly. FedEx envelop shipments are automatically insured up to $500.

***If you send us your Merchandise using FedEx Express Saver or FedEx Overnight shipping with a FedEx airway bill provided by us, and your Merchandise becomes lost in transit, we will file a claim with FedEx and pay you the value of any settlement received from FedEx.

***If you believe that you need additional insurance, call us immediately or it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise.

Limitation of Liability:
This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, the customer and the customer's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to customer's transactions with HALACH. In no event shall HALACH be liable for any damages from the loss or destruction of property in its possession for any In no In no event shall HALACH be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall HALACH be liable to any third party, including any insurance carrier. HALACH shall not be liable for any subrogation claim brought by the customer's insurance carrier, and, by submitting an item to HALACH customer expressly and specifically waives any such subrogation claim on his or her behalf as well as on the behalf of his or her insurance carrier.

HALACH's liability is and shall be expressly and specifically limited to the LEAST of the following sums:

1. The liquidation value placed on the total contents by HALACH in the sole discretion of HALACH, 2. The sum of One Hundred ($100.00) Dollars. The customer or seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to HALACH, the liquidated value as determined by HALACH shall be conclusive and binding and further, that in no event shall HALACH's liability exceed One Hundred ($100.00) Dollars. Nor HALACH neither her web site www.bestpay4gold.com shall be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting the items or goods, customer explicitly and expressly accepts this limitation of liability. If customer believes that the customer's gold jewelry or other property is worth more than $100.00, we recommend that you insure your shipment for the accurate amount at your own expense using any carrier you choose. We also strongly advise that you list the contents of your shipment package on the enclosed brochure, which you must return to us.

Return Insurance Liabilities:
If an item is returned to a customer, HALACH will insure the item for no more than the amount offered by HALACH regardless of what it was insured for when mailed by the customer to HALACH., unless HALACH is otherwise notified by e-mail or fax by the customer prior to the return shipment and the customer agrees to pay for any extra insurance requested. HALACH shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.

Return of Customer's Materials:
If the customer changes his or her mind about selling his or her material or is dissatisfied with the amount of the payment the customer received, the customer must notify HALACH immediately. If HALACH does not hear from the customer in writing by e-mail or fax, or within TEN (10) DAYS of the date on the check HALACH mailed to the customer, the customer's material will be processed by HALACH's refiner. First, the customer must return the check to HALACH, and then HALACH will return the material to the customer. This procedure and time limitation cannot be waived for any reason. HALACH will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. Shipping and handling charge will apply for material returned to the customer. WHEN HALACH PROCESSING CENTER RECEIVES THE CUSTOMER'S CHECK THE CUSTOMER WILL BE CONTACTED AND NOTIFIED THAT THE MATERIAL WILL BE SHIPPED BACK VIA USPS WITHIN 14 DAYS OF RECEIPT OF THE CUSTOMER'S CHECK AT THE HALACH PROCESSING CENTER.

Verbal Offers:
Any customer or prospective seller may request HALACH to provide a telephone or e-mail quote for his or her items after such items have arrived at HALACH's processing facility. Verbal offers may, at the discretion of HALACH, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by HALACH within twenty four (24) hours of such acceptance, and the ten (10) day customer satisfaction holding period guaranty will no longer be applicable to such transaction.

Waiting Period for a Claim:
A customer who wishes to submit a claim to HALACH must NOTIFY THE HALACH IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form must be fully and accurately completed, signed, dated and mailed to HALACH in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE GOODS WERE MAILED TO HALACH will result in the denial of the claim by HALACH. There is a 30 day waiting period from the time the claim form is received by HALACH and the claim is processed.

Gold Chart-Calculator Disclaimer of Liability:
HALACH and her website www.bestpay4gold.com shall not be responsible for the contents of the gold chart-Calculator data appearing on its website. These charts are prepared by third parties other than HALACH and her website www.bestpay4gold.com, and are subject to change at any time without further notice. HALACH includes such charts only for general information purposes to the general public, and HALACH shall not be liable to anyone who relies on the information contained therein.

Choice of Law, Waiver, and Claims:
The Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of HALACH 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 endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The customer or seller agrees 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 HALACH directly and through her website www.bestpay4gold.com 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 State of New York. HALACH shall 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 State of New York, including but not limited to, court costs and attorney's fees incurred by HALACH.