General Terms:
Terms: The Terms & Conditions set forth herein.
Agreement: Your acceptance of these Terms when you sign up for an Account and/or when you acknowledge your acceptance of these Terms when you transact on or with Alloy.
Account and User:
Account: A unique Account created by and for you or an Account to which you have access that you use to access our Site, Application, Service, or parts of our Service.
You: (referred to as either “You”, “Yours”, “User”, “Customer”, “User”, or “Consumer”) means a natural person who is a US resident aged 18 or greater at the time of accessing and using all or part of our Services.
Impersonation: the act of pretending to be another person with the intent to deceive. This can involve assuming another person’s identity, mannerisms, voice, or other identifying characteristics to gain some advantage or to cause harm. Impersonation can be done for various reasons, including but not limited to fraud, entertainment, or malicious intent. In legal contexts, impersonation is often associated with crimes such as identity theft, fraud, and other deceptive practices.
Company and Affiliates:
Company: (referred to as either “the Company”, “We”, “Us”, “Our”, “Alloy”) refers to Alloy Market, Inc.
Affiliate: Parent companies or organizations, subsidiaries, affiliated companies, agents, members, managers, employees, or officers of Alloy regardless of the amount of company ownership.
Devices and Data:
Device: An electronic device including but not limited to a cellular phone, tablet, or computer that you use to access our Site and all or part of our Services.
Personal Data: Any and all information you knowingly or unknowingly provide to us via our Services or through the use of our Services that may be used to identify you and your Account and may or may not include what is generally considered to be personally identifiable information (“PII”).
Goods and Offers:
Good(s): Any object, whether the object actually contains Precious Metal or not or has value or not as determined by Alloy, that you send to us for the purposes of appraisal and Payout.
Precious Metal: Gold, silver, platinum, and palladium.
Parcel: The package in which you ship your Goods to us.
Initial Estimate: The non-binding estimate you receive upon inputting the specific details of your Good(s) into the Site but prior to the shipment and subsequent receipt of your Goods; the value of your Initial Estimate has no bearing on the value of your Final Offer.
Final Offer: The binding and non-negotiable offer you receive via your Account or email after your Goods have been received and appraised by us that you must accept or reject in order to receive your Payout or have your Goods returned to you; the value of your Initial Estimate has no bearing on the value of your Final Offer.
Payout: The payment you receive, regardless of payment method, as compensation for selling your Goods to us through our Site.
Bonus Offers: Any increase to your Initial Estimate and/or Final Offer for Payout, whether activated via promotional code by you or automatically added by us on your behalf as an incentive for completing your transaction and selling your Goods to us; also refers to any third-party incentives offered in conjunction with your Initial Estimate and/or Final Offer included as part of the Payout for your sale of your Goods to us.
Service: Any engagement with or otherwise utilization of any or all of the features of our Site including but not limited to Account creation, initiation and/or completed transactions, product purchases, and communicating with customer support or another Alloy team through any channel.
Site: The Alloy Market, Inc. website or application downloaded on any of your devices from the Apple App Store or the Google Play Store for the purposes of utilizing the Services and/or transacting on and with Alloy.
Assay: The process used to assess the purity of your metals and includes the use of an X-ray Fluorescence (XRF) analyzer and/or an acid Assay to accurately test the purity and/or Karat of your metal.
Non-precious Metal Goods: Any items with non-metallic features or elements including but not limited to the following: precious stones, gemstones, straps, accessories, no-value metal or any other materials
A. Eligibility
In order to use our Services, you must:
● be at least eighteen (18) years old;
● complete the Account registration process and identity verification requirements; ● agree to these Terms and any other terms and conditions or policies linked in these Terms that form any part of the Agreement;
● provide true, complete, and up-to-date contact, billing, Payout, and payment information; ● reside in the United States or any of its territories or possessions;
● and not be listed on any U.S. government list of prohibited or restricted persons. By using our Services, accepting any offer from us to purchase your Goods, or clicking to accept or agree to the Terms when this option is made available to you, you represent and warrant that you meet all the requirements listed above, you will not use our Services in a way that violates any law or regulation, and you accept and agree to be bound and abide by these Terms and Agreement. If you do not wish to agree to these Terms, you must not access our Site or use our Services. Note that by representing and warranting that you meet the requirements listed above, you are making a legally enforceable promise.
We reserve full and complete authority and the right to suspend, revoke, and/or close your Account at any time for any reason, including your use of this Site for any prohibited use, without notice to you.
B. Term
When you sign up for an Account and agree to these Terms, the Agreement between you and Alloy is formed, and the term of the Agreement (the “Agreement Term”) will begin. The Agreement Term will continue for as long as you have an Account or until you or we terminate your Account and the Agreement in accordance with these Terms, whichever happens first. If you sign up for an Account on behalf of another individual, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on her/his behalf.
C. Closing Your Account
You or Alloy may terminate the Agreement at any time and for any reason. You may do so by terminating your Account or we may do so by giving notice to you that we are terminating the Agreement and/or closing your Account. We may suspend access to our Services to you at any time, with or without cause or notice. We will not refund or reimburse you in any situation if your Account is closed. If your Account is inactive for 24 or more months, we may terminate your Account. Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it, except where prohibited by law. Usernames and/or certain aspects of login information are unique and can only be used once. If your Account has been terminated, the username and/or login information will no longer be available for use on any future Accounts and cannot be reclaimed.
D. Changes
We may change any of the provisions or the content of these Terms by posting revised Terms on our Site. Unless you terminate your Account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of our Services. We may change the Service, add-ons, or any features of our Services at any time, and we may discontinue the Service, add-ons, or any features of our Services at any time without notice to you.
E. Account and Password
You are responsible for keeping your Account name and password confidential. You are also responsible for any Account that you have access to and any activity occurring in such Account (other than activity that we are directly responsible for that is not performed in accordance with your instructions), whether or not you authorized that activity. You will immediately notify us of any unauthorized access or use of your Accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your Account for billing purposes. In addition,
you represent and warrant that all information you provide to us when you establish an Account, and when you access and use our Services, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your Account, based on the information provided in your Account.
F. Account Disputes
You agree not to request access to or information about any Account that is not yours, and you further agree to resolve any Account-related disputes directly with the other party. In the event of a dispute, we have the sole authority to decide who owns an Account based on a number of factors, including the content in that Account, and the contact and profile information listed for that Account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we will require you to resolve the matter through proper channels outside of Alloy and we will not be held liable in any way for any costs associated with reconciling or solving the dispute. When a dispute is identified, we may suspend any Alloy Account associated with the dispute, including disabling login, to protect the security and privacy of the data held within the Alloy account until the dispute is properly resolved.
A. Initial Estimate
In order to receive an Initial Estimate for your Goods through our Site and use of our Services, you must submit required data and information related to your Goods. We will return a non-binding estimate based solely on the information you provide us. The estimate is in no way a binding agreement or an offer between us and you. The Initial Estimate is for informational purposes only. Your Final Offer will be determined upon receipt and appraisal of your Good(s). We always recommend shipping your Goods as quickly as possible upon receipt of your Initial Estimate as we do not control the spot price of Precious Metals and will not be held responsible for any variation in spot price between the time you receive your Initial Estimate and when we receive your Goods for inspection in order to issue you a Final Offer. We are in no way bound to adhere to the spot price of Precious Metals on the day on which you received your Initial Estimate and instead will use the Spot Price on the day on which we receive your item to issue your Final Offer.
B. Shipping & Insurance
All shipments of your Goods to us will be processed through our freight carrier partner FedEx® at no cost to you and includes one free complimentary 9½” x 12½” FedEx® Envelope. With your approval granted by clicking through the transaction flow via the Site, a shipping label will be distributed to you via your Account or email free of charge. We will only be responsible for shipping costs if you use the specific provided shipping label you receive from Alloy after you receive your Initial Estimate.
It is your responsibility to obtain and package your Goods appropriately for shipment. It is your responsibility to securely package your Goods, obtain a printed receipt with a tracking number to prove your Parcel was received and scanned by FedEx® as applicable, and take pictures of the Good(s) prior to shipping. Alloy will not be held liable for any loss, theft, or damage of your Goods due to improper packaging by you.
Your shipment of Goods through FedEx® using the label we provide automatically includes (up to) $25,000 USD of shipping insurance. If you would like to purchase additional insurance for your Goods in an amount greater than $25,000 USD, please contact us through our customer support team and our team can assist you in adding additional insurance.
Prior to accepting your Final Offer, you may request the return of your Goods at any time and for any reason via the Site. Alloy will provide complimentary return shipping of your Goods including insurance costs, subject to change at any time with or without notice to you. All return shipments will be processed through FedEx® and include insurance not to exceed the melt value of the Goods contained within. You will be provided a tracking number for the return of your Goods once the Parcel is in the custody of FedEx®.
You may only process insurance claims against any Good lost, stolen, or damaged during the return process after Goods have been shipped and released from our custody and are in the custody of FedEx®.
Once the Parcel is in the custody of FedEx®, you and FedEx bear the risk of loss of your Goods during shipment. We shall have no responsibility or liability for Goods that are damaged, lost, or stolen during shipment whether the shipment originates from you to us or from us to you. We are not responsible if FedEx® ultimately does not pay insurance on your Parcel claim whether shipped from you to us or from us to you.
If a Parcel shipped to us using a FedEx label we provided is damaged, lost, or stolen in transit, and you would like to file an insurance claim, you must work directly with FedEx® to file the claim.
C. Receipt & Inspection of Goods Upon receipt of the Parcel containing your Goods, we will acknowledge receipt of the Parcel which will be reflected in your Account.
We will weigh your Goods on an inspected and licensed scale and record the weight in troy ounces to determine the overall weight of your Goods. The weight of your Goods will be recorded as part of your transaction.
Any non-Precious Metal material included with your Goods (e.g. precious stones or gems, straps, accessories, etc.) will be removed by us and are not included in the weight of your Goods. You acknowledge that Alloy is not liable for any damage (including scraping, breaking, or altering in any way) that occurs while removing stones or other non-metallic items from your Good(s).
Assay
All Goods will be tested using either or both an X-ray Fluorescence (XRF) analyzer or an acid Assay test. An XRF analyzer is a widely used, proven, and accepted method of chemistry analysis and determination of purity and fineness of Precious Metals. XRF analysis is a multi-elemental testing option that quickly provides analysis of the grade and purity of the metals.
An acid Assay test may also be used independently or in conjunction with other purity tests as appropriate to determine the karat or purity of the metal. During the acid Assay, it is often necessary to scratch or scrape Goods in order to remove the top layer of material so the testing apparatus can accurately determine the true purity or karat of the Good being assayed. In the event your Goods are scratched, scraped, broken, altered, or damaged in any way during the Assay process, we are not responsible or liable. You acknowledge understanding of the Assay process prior to receiving your shipping label and shipping your Goods to us.
By accepting these Terms, you hereby agree to accept and assume all risks that your Goods may be damaged by us or our affiliates, employees, or agents during the inspection and offer process. To the fullest extent provided by the law, and in no event aside from our willful neglect or gross misconduct, shall we be liable to you for damages of any kind, under any legal theory, to your Goods arising out of or in connection with the inspection, Assay, and/or Final Offer process.
Any Parcels you send us that we receive which contain no-value Goods, Goods not as described, poorly packaged or tampered packaging, empty Parcels, or Parcels and/or Goods that we suspect for any reason whatsoever and at our sole discretion are of a fraudulent or suspicious nature intended to defraud or harm the Company or its Affiliates in any way, will not be processed and as such the transaction and your use of our Services will be discontinued. You will be notified in your Account and will have the option to submit payment for return of your Goods but you will no longer be permitted to transact through the Application and your Account will be closed indefinitely without recourse or refund for any Products or Services previously purchased except as required by law.
D. Final Offer
Final Offers are based solely on the value of the metal(s) contained within the Good as determined by the Precious Metal spot price on the day on which we inspect and appraise your Good. We do not consider brand names, categories, or any other subjective assessment when inspecting any Good or making an offer for your Goods.
The Initial Estimate you receive prior to you shipping us your Goods and us receiving and inspecting them is an estimate based purely on the information provided by you and therefore can vary significantly to the Final Offer offered by us to you based on our inspection and appraisal with no limitations in variance. The Final Offer for your Goods will be determined using a comprehensive and accurate Assay and inspection process. As outlined above, we will provide you with a Final Offer after Goods
are received and appraised.
The Final Offer for your Goods will be determined by converting troy ounces into grams and multiplying that figure by (1) the purity of the Goods in Karats or another measure of purity and (2) the spot price of the metal at the time the Good is being
inspected minus transaction fees subject to change at any time.
Melt value of Gold Item = Spot Price × Weight × Purity – variable transaction costs
For example, if the spot price of gold is $1,800 per ounce, the weight of the gold item is 2 ounces, and the purity is 0.75 (18 karat gold), the calculation would be: Value = 1800 USD/oz × 2 oz × 0.75 = 2700 USD
Goods will be inspected and a Final Offer can be communicated to you via email, your Account, push notification, and/or text message. Final Offers are non-negotiable and our Alloy Advisors are unable to modify Final Offers in any way.
You have until the time you accept your Final Offer and initiate Payout to request the return of your Goods as outlined above. If we do not receive a request for a return either prior to or as part of responding to your Final Offer, the sale of your Goods is considered final once the Payout is initiated. Your Goods are no longer returnable for any reason. No refund request can be honored after you accept your Final Offer or after 48 hours of receiving your Final Offer with no response.
E. Bonus Offers
Bonus Offers are offered by us to you in order to incentivize you to transact or complete a transaction on or with Alloy and most often refer to a variable percentage figure that increases your Initial Estimate and/or your Final Offer.
When offered and accepted as part of a transaction or sale of your Goods to us, Bonus Offers (e.g., +5% on your Payout) whether activated through the addition of a promotional code by you or automatically by us on your behalf cannot exceed the total melt value of the metal as determined by the weight and spot price of that metal on the day the Goods are received and inspected by us. Bonus offers are not applicable to bullion or coins and are not combinable with any other offer. Bonus offers are given at our sole discretion and can be revoked at any time for any reason and without notice to you.
Bonus Offers may sometimes be offered in conjunction with our Initial Estimate and Final Offer via a third party in order to incentivize you to transact or complete a transaction on or with Alloy. Third party bonus offers are subject to change at any time without notice to you and most often refer to a gift card or discount code redeemable with the third party offering the Bonus Offer in the future upon completion of your transaction (defined as acceptance of your Final Offer). When offered and accepted as part of a transaction, Bonus offers are not combinable with any other offer including other Bonus Offers. Accelerators are at our sole discretion and can be revoked at any time without notice to you.
Third party Bonus offers are issued by third parties and therefore Alloy will not be held responsible for any claims or warranties made by the third party relative to the Bonus Offer or related to us or our members, managers, officers, Affiliates, employees, or otherwise. For specific terms and conditions related to the Bonus Offer, please refer to the third party’s website. Bonus Offers are ineligible for retroactive redemption and must be applied prior to moving from your Initial Estimate to requesting your shipping label and shipping your Good(s) to us without exception.
F. Returns
For parcels returned to you with items valued at $1,500.00 USD or less, the Company will provide insurance coverage equal to the Company’s offer on those items plus an additional 20%, up to a maximum of $1,000.00 USD, not exceeding the total melt value of the precious metals. For parcels returned to you with items valued over $1,500.00 USD or more, the Company will insure them for the Company’s offer plus an additional 20%, up to a maximum of $5,000.00 USD, not exceeding the total melt value of the precious metals. Parcels returned to you containing items that Alloy was unable to purchase with offers valued at $0.00 USD, indicating the items contain no solid precious metals, will not be insured during return transit. The Company only insures items during shipping that are made of solid precious metals.
We are not responsible for the contents or warranties of any third-party information or offer included, posted, or linked on our site whether or not related to your specific transaction or for marketing purposes. We rely on third-party information for the spot pricing used on our Site and as part of your Final Offer calculation. We do not influence the spot price of Precious Metals in any way and therefore cannot be held liable in any way for errors due to third-party reporting or variations in spot price between your Initial Estimate and Final Offer and Payout. The spot price of gold, silver, platinum and palladium is the cost of a single (troy) ounce of gold at any given moment in time. Buyers and sellers all over the world use the spot price to determine the price of various metals. Alloy does not influence the spot price in any way and relies on reputable third party sources for this information.
You will be given a choice of Payout methods at either or both the time you create your Account and may again be prompted to verify your desired Payout choice as you receive your Initial Estimate and request a shipping label.
You may elect or add a Payout method from a set of Payout options which are subject to change at any time.
You must provide accurate and complete details for your chosen Payout method in order to receive your Payout in a timely manner. We cannot be held responsible for Payout errors made as a result of incorrect information you provide. If incorrect information is provided and a Payout is made to a different party that is not you due to an error on your behalf in submitting Payout information, we will not be able to reverse the Payout and therefore will not be able to compensate you for your Goods.
The timing of receipt of your Payout receipt may vary significantly between Payout methods. We will not be held responsible for delays in Payout for any reason, whether the delay is due to our error or a third party error.
If your chosen Payout method becomes unavailable between the time you accept your Final Offer and our attempt to process your Payout, we will contact you so you can select an alternative available Payout method.
Payouts must be processed through a US-based financial institution with a US-based account. Any information provided for a non-US-based financial institution will result in the offer being rejected.
You acknowledge and agree that any taxes or payment processing fees are your responsibility as the Customer.
If your Good(s) have non-metallic features or elements including but not limited to the following: precious stones, gemstones, straps, accessories, no-value metal or any other materials, those features WILL NOT be included as part of the weight of your item but WILL be included in your Final Offer. Alloy offers are for the full value of the piece. You acknowledge and confirm you understand that WE WILL REMOVE THE NON-METALLIC FEATURES OF YOUR GOOD(S) in order to weigh your Good(s) accurately. Any non-Precious Metal material included with your Good(s) is not included in the weight of your Goods for Payout purposes. You acknowledge Alloy is not liable for any damage (including scraping, breaking, or altering in any way) that occurs while removing stones or other non-metallic items from your Good(s). By using any of our services VIA our site, YOU ACKNOWLEDGE AND ACCEPT ALLOY’S NON-PRECIOUS METAL GOODS POLICY.
Upon receiving your Initial Estimate and prior to shipping your Goods to us, you attest that you are the true and sole owner of the Goods and have full discretion and authority to sell the Goods to us, as indicated by your acknowledgement that you have read and understood the Terms and attest to the ownership of the Goods prior to shipping your Goods to us. We rely on this attestation and cannot be held responsible in the event there are competing claims on Goods.
You agree to indemnify us against such competing claims as outlined in this Agreement. We will not be held responsible for any and all claims against Goods deemed “stolen” after Goods are received and your Final Offer is accepted or rejected.
Prior to issuing your Payout, we are required by Federal and State law to verify your identity using a valid and non-expired government issued photo identification, including a drivers license, passport, or state ID. You must complete the ID verification process as prompted via the Site in order to proceed with the sale of your Goods. Alloy does not retain nor can we access the information collected during the identity verification process. For more information, please see the privacy policy of our third-party identity verification partner.
Prohibition of Impersonation: You must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Any form of impersonation is strictly prohibited.
Accuracy of Information: You are required to provide accurate and truthful information at all times. Submitting false or misleading information is not allowed.
Verification: Alloy Market Inc reserves the right to verify the information you provide. Failure to comply with verification requests or providing false information may result in service refusal or account termination.
Attestation: By using our services, you attest that all information provided is true and accurate to the best of your knowledge.
Right to Refuse Service: Alloy Market Inc reserves the right to refuse service to anyone found impersonating others or providing false information.
Account Termination: If you are found to be in violation of these guidelines, Alloy Market Inc reserves the right to terminate your account immediately and without notice.
Legal Consequences: Impersonation and providing false information can have legal consequences. Alloy Market Inc will cooperate with law enforcement authorities to address any fraudulent activities.
These guidelines are in place to ensure a safe and trustworthy environment for all users. Violation of these terms will be taken seriously.
Required Identification: When your annual transaction totals exceed $9,999.99 USD, a photocopy of a valid government-issued ID must be provided to Alloy.
Upon receipt of your Final Offer from us, if you have received a prior written Final Offer (i.e., not a quote or estimate but a final and explicit offer) for your Goods within the previous 48 hours from any of our competitors, we will, at your option, either (i) match their offer (not to exceed 95% of the current day’s spot price for Precious Metals), or (ii) send your Goods back to you as outlined in the return policy. In order to qualify for the Best Offer Guarantee, you must provide us with a verified copy of such written offer via our customer service before you accept your Final Offer. All written competitors offer must reveal the weight, purity and total amount for each item as comparable to what is provided by Alloy.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. A third-party payments processor, Stripe, stores all payments information.
The safety and security of your information also depends on you. You are responsible for keeping your Account information and password confidential. You are also responsible for any Account that you have access to and any activity occurring in such Account, whether or not you authorized that activity. You agree to notify us immediately of any unauthorized access or use of your Account(s). We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your Account for billing and Payout purposes.
In addition, you represent and warrant that all information you provide to us when you establish an Account, and when you access and use our Services, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your Account, based on the information provided in your Account.
You acknowledge that the transmission of information via the internet is not completely secure. We do not guarantee the security of your Personal Data transmitted to us through the use of our Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained within our Site. For more information, please visit our privacy policy.
We reserve all intellectual property rights with respect to our Site its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) and with respect to our Services we provide. These Terms permit you to use the Site for your own personal and non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. We own all trademarks used on the and in connection with the Services we provide (except for third party assets), including our company name, the names of our Services, any and all graphic
designs, and slogans. You may not copy, use, or distribute any of our trademarks or intellectual property without our express prior written consent.
You may not use the Site or any or all of our Services for any of the following “prohibited uses”:
● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding money laundering or funding terrorism or other illegal activities).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Data or personally identifiable information, or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To receive Initial Estimates or Final Offers from us simply to assess the estimates or offers with no intent of selling your Goods to us (as determined by Alloy).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm us or users of the site, or expose us or them to liability.
● To engage in any conduct or activity that violates our Anti-Money Laundering Policy We are not responsible for any use of our Site or our Services for any prohibited use. If you engage in a prohibited use, we will immediately terminate your Account, and depending on the nature of the prohibited use, refer your Account to law enforcement.
We are legally obligated to and will comply with all local, state, and federal investigations into prohibited uses of our Services, including providing information (including Personally Identifiable Information or Personal Data) to authorities upon their valid request.
Our Site will be continually updated and can be updated at any time without notice to you. We encourage you to review our Site, these Terms, and the Privacy Policy before you create an Account, submit any data or information, or ship any Goods to us.
ALL SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR SERVICES THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, MEMBERS, MANAGERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS/SERVICES AVAILABLE THROUGH THIS SITE AND APPLICATION. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION.
You agree to indemnify us and our members, managers, employees, agents, and officers (collectively, “Indemnified Parties”) and defend and hold the Indemnified Parties harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms or your use of this Site, including, without limitation, your attestation of ownership of the Goods submitted by you to us and your use of the Site or our Services for any prohibited use.
This site is controlled by us from our offices within the Commonwealth of Pennsylvania, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing this site and/or Application both you and we agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and/or Application and the available Services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Court of Common Pleas of Bucks County, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania with respect to such matters. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or it shall be deemed forever waived and barred.
If any provision included in these Terms is illegal or deemed unenforceable, the invalidity of that provision will not affect any of the remaining provisions and these Terms will be construed as if the illegal or unenforceable provision is not contained within these Terms.
Notwithstanding any provision in these Terms to the contrary, we are not liable for any act, omission, result, or consequence (including any delay in performance or change in value of any Good) to the extent it is caused by or results from a Force Majeure. A “Force Majeure” means a cause or event that is not reasonably foreseeable by us or otherwise caused by us or under our control, including, without limitation, an act of God, pandemic, epidemic or health emergency or government orders in response to any of the foregoing (including, without limitation, shut-downs, shelter in place, and quarantine orders), flood, explosion, fire, smoke, water, riot, war, hurricane or other extreme weather, environmental contamination, condemnation, sabotage, terrorism, vandalism, accident, restraint of government, governmental act, injunction, labor strike or labor unrest (regardless of whether a party is capable of settling such labor problem), supply chain shortages, and/or other like event that is beyond the reasonable anticipation and control of the party affected thereby, whether similar or dissimilar to those listed above, and despite such party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such act, event, or occurrence.
You may not opt out of receiving emails, push notifications, or texts regarding transactions or sales (“Transactional Messages”) processed through or in connection with the Site. You may opt out of receiving marketing communications, including push notifications, text messages, and emails.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (i) $5,000 USD PER TRANSACTION; OR (ii) ONE-THIRD (1/3) OF THE APPLICABLE FINAL OFFER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR USE OF OUR SERVICES OR TRANSACTING ON OUR SITE.
To process an insurance claim, you may need to provide the following information:
A printed receipt with tracking number to verify your parcel was received and scanned by FedEx® or USPS, as appropriate;
Photos of the parcel contents alongside the mailer, in addition to receipts and/or proof of purchase;
A valid government-issued identification card;
A brief written statement about the package, its contents, the circumstances of the loss, and any other relevant information;
Supporting documentation for the package contents and their value, which may include videos of the items being packaged, a log of descriptions and related weights, historical package details indicating weight and value sent to the company, and the basis for their value. If using market value, include a screenshot of the source used.
All required documentation must be provided within 30 days of the initial request. If you do not submit the required documentation within the specified timeframe, your claim will be invalid.
Note: It is a federal offense to submit false claims via United States mail or interstate telecommunications devices.
Your cooperation is crucial during the insurance claims process, including any investigations by Alloy Market Inc and/or insurers. You agree to promptly respond to information requests and participate in necessary phone discussions.
For parcels returned to you with items valued at $1,500.00 USD or less, the Company will provide insurance coverage equal to the Company’s offer on those items plus an additional 20%, up to a maximum of $1,500.00 USD, not exceeding the total melt value of the precious metals or market value of the diamonds.
For parcels returned to you with items valued over $1,500.00 USD or if the items include diamonds, the Company will insure them for the Company’s offer plus an additional 20%, up to a maximum of $25,000.00 USD, not exceeding the total melt value of the precious metals or market value of the diamonds.
Parcels returned to you containing items that Alloy was unable to purchase with offers valued at $0.00 USD, indicating the items contain no solid precious metals or diamonds, will not be insured during return transit. The Company only insures items during shipping that are made of solid precious metals.
If you decide to use a shipping label or service not provided by Alloy Market Inc, you will be fully responsible for all associated delivery costs, insurance, fees, taxes, charges, and any losses. In such instances, insurance coverage will not apply.
All unboxing or opening of goods received by Alloy are recorded for quality assurance. Any provided recordings may not contain the full appraisal inspection process due trade secrets and or proprietary information. Unboxing recordings can be requested by notifying our team at [email protected] or through an Alloy Advisor.
Alloy hereby reserves the exclusive right, at its sole discretion, to determine the necessity, frequency, and scope of testing or retesting of any items, products, or materials. This determination will be made based on internal protocols, regulatory requirements, and quality assurance measures. Alloy is under no obligation to disclose the criteria or rationale underlying such determinations. Further, Alloy retains the unilateral authority to forgo or mandate additional testing or retesting without prior notice or justification. This policy ensures that the Alloy maintains its commitment to quality, compliance, and operational efficiency. Any deviation from this policy will be addressed on a case-by-case basis, and Alloy reserves the right to amend, modify, or enforce this policy as it deems appropriate and necessary.
Storage Duration: Items entrusted to Alloy Market Inc. will be stored for a period of 365 days from the date they are received by us. After this period, if items remain unclaimed, they will be considered abandoned and may be subject to disposal or sale in accordance with applicable laws and regulations.
Liability for Loss or Damage: While we take every precaution to ensure the safety and security of your items, we want to make you aware that Alloy Market Inc. assumes no liability for any loss, theft, or damage that may occur during storage. Our liability is subject to the terms and conditions outlined in your contract or agreement with us.
Notice of Abandoned Property: Our Cash Offers are valid for and must be accepted within 48 hours of notice. In the event that items are left unclaimed for an extended period beyond the 365 day storage duration, Alloy Market Inc reserves the right to take appropriate measures in accordance with applicable laws and regulations. This may include notifying you of the unclaimed items and ultimately disposing of or selling the items if they remain unclaimed.
Alloy reserves the unequivocal right, at its sole and absolute discretion, to refuse service to any individual, entity, or organization. This right may be exercised without the obligation to provide prior notice, explanation, or justification. Alloy’s determination to refuse service may be based on, but is not limited to, considerations such as compliance with internal policies, regulatory requirements, and the preservation of operational integrity and safety. Alloy is under no obligation to disclose the criteria or reasoning that informs such determinations. Furthermore, Alloy retains the right to amend, modify, or enforce this policy as it deems necessary to maintain its standards, reputation, and operational efficacy. Any exceptions to this policy will be addressed on a case-by-case basis.