TERMES ET CONDITIONS

TERMS AND CONDITIONS

The following Terms and Conditions govern each transaction between you and Comptoir d’achat G.S. and legally bind you, as a user of the Comptoir d’achat G.S. website or as a customer of Comptoir d’achat G.S. They inure to the benefit of Comptoir d’achat G.S., as well as its successors and right-holders. Regulations governing use:

1-

You hold a valid and marketable title on the items you have sent us;

2-

You hold full authority to sell and transfer said items;

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Said items are sold free from all liens, encumbrances, liabilities, and adverse claims, of any nature or description whatsoever;

4-

Said items were not obtained from, or the product of, illegal activities in this country or any other country;

5-

You are at least eighteen (18) years of age (for residents of Quebec);

6-

Any transactions initiated by you will not cause Comptoir d’achat G.S. to violate any money laundering or terrorism regulations, or breach any law applicable in Canada;

7-

You are the actual legal owner of all the items you offer to sell to Comptoir d’achat G.S. and you are acting on your own behalf; (Comptoir d’achat G.S. may, but shall not be required to, ask you to provide documents or other proofs to attest ownership.)

8-

You may not send in items containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any dangerous substance for health.

You Attest to the Following:

You hold a valid and marketable title on the items you have sent us; You hold full authority to sell and transfer said items; Said items are sold free from all liens, encumbrances, liabilities, and adverse claims, of any nature or description whatsoever; Said items were not obtained from, or the product of, illegal activities in this country or any other country; You are at least eighteen (18) years of age (for residents of Quebec); Any transactions initiated by you will not cause Comptoir d’achat G.S. to violate any money laundering or terrorism regulations, or breach any law applicable in Canada; You are the actual legal owner of all the items you offer to sell to Comptoir d’achat G.S. and you are acting on your own behalf; (Comptoir d’achat G.S. may, but shall not be required to, ask you to provide documents or other proofs to attest ownership.) You may not send in items containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any dangerous substance for health.

Comptoir d’achat G.S. reserves the right to ask you to provide documents or other proofs of compliance to these conditions.

Guarantee against Loss / Limitation of Liability

In the event that you use the mailing kit supplied by Comptoir d’achat G.S. and have it scanned at a Canada Post outlet, your items will be insured for up to a hundred dollars ($100). However, in the event that you use your own packaging, you must insure your items with the carrier for their full value; should they be lost or stolen prior to reaching Comptoir d’achat G.S., you must personally file a claim against the carrier. If you wish to insure your mailing kit for more than five hundred dollars ($ 500), you may do so at your own expense. We use third party carriers such as Canada Post for the delivery of our parcels. The tracking processes used by these third party carriers will be the sole proof that your items were indeed shipped to Comptoir d’achat G.S. Comptoir d’achat G.S. reserves the right to reject delivery of mailing kits or parcels which appear to have been damaged, opened, or tampered with. Comptoir d’achat G.S. accepts no liability to you for any attempted delivery or return of such items. If we accept delivery of your mailing kit, Comptoir d’achat G.S.’s liability will be limited to the lesser of the following:

A.

If the loss of your parcel is, without a doubt, the responsibility of Canada Post, they will issue a maximum settlement of a hundred dollars $100, which we will send you as final compensation for the loss of your items.

B.

If the loss is observed at our office after receiving your items (envelope), the maximum which may be awarded is five hundred dollars ($500), under the following conditions:

1-

Twenty-five percent (25%) of the certified appraised value of your items, if the appraisal was issued less than ninety (90) days prior to the claim. Comptoir d’achat G.S. reserves the right to verify the certified appraisal document with a third party.

2-

The lesser of the current market liquidation value of your items, or one-half the wholesale value of your items.

3-

The sum of five hundred dollars ($500). You expressly acknowledge and agree that if you do not provide an appraisal for your items, issued less than 90 days prior to the claim, Comptoir d’achat G.S.’s decision shall be conclusive and binding and, in any event, its liability will be limited to one hundred dollars ($100).

4-

Comptoir d’achat G.S. reserves a period of sixty (60) days to issue a reimbursement.

If the loss of your parcel is, without a doubt, the responsibility of Canada Post, they will issue a maximum settlement of a hundred dollars $100, which we will send you as final compensation for the loss of your items. If the loss is observed at our office after receiving your items (envelope), the maximum which may be awarded is five hundred dollars ($500), under the following conditions: Twenty-five percent (25%) of the certified appraised value of your items, if the appraisal was issued less than ninety (90) days prior to the claim. Comptoir d’achat G.S. reserves the right to verify the certified appraisal document with a third party. The lesser of the current market liquidation value of your items, or one-half the wholesale value of your items. The sum of five hundred dollars ($500). You expressly acknowledge and agree that if you do not provide an appraisal for your items, issued less than 90 days prior to the claim, Comptoir d’achat G.S.’s decision shall be conclusive and binding and, in any event, its liability will be limited to one hundred dollars ($100). Comptoir d’achat G.S. reserves a period of sixty (60) days to issue a reimbursement.

Except as expressly provided in these Terms and Conditions, Comptoir d’achat G.S. will have no liability to you whatsoever, whether in connection with your use of the Comptoir d’achat G.S. website, a mailing kit, loss of gold, jewelry or any other property, or for any other reason, including, but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as expressly mentioned in these Terms and Conditions. By entrusting us with your items, you explicitly and expressly agree to this limitation of liability.

These Terms and Conditions, including, but not limited to, the limitations of liability, will be binding on you and all third parties, including, but not limited to, your successors, right-holders, insurers, and any other individual or entity asserting any right or claim relating to your transaction with Comptoir d’achat G.S. Comptoir d’achat G.S. will not be liable to any third party, including any insurer, nor will Comptoir d’achat G.S. be liable for any loss of profit, loss of time or punitive damages. Comptoir d’achat G.S. will not be liable for any subrogation claim filed by your insurer. By sending any items or mailing kits to Comptoir d’achat G.S., you expressly and specifically waive any such subrogation claim, on your behalf and on the behalf of your insurer.

In order to receive a loss guarantee settlement or any other remuneration from Comptoir d’achat G.S., you must submit a claim to Comptoir d’achat G.S., using our own claim form. This form is available upon request. You may submit a claim form any time after at least sixty (60) days following the date your mailing kit was shipped. Comptoir d’achat G.S. will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Comptoir d’achat G.S. in accordance with the instructions on the claim form. You must submit all supporting documents with the completed and signed claim form. Failure to comply with these requirements will be considered a waiver on your part, and result in the denial of your claim by Comptoir d’achat G.S.

Gold Return Policy

If you are not satisfied with your payment or for any other reason, you may contact our customer service number within forty-eight (48) hours after receiving of payment or within ten (10) days of the date printed on the check. You will then receive instructions for having your gold returned to you. You understand that failure to follow this procedure might result in the processing of the items that you sent us. Once processed, the items will not be able to be recovered. Customer should not send in items made of non-precious materials. If a customer has submitted articles not made of 100% non-precious material, the customer will have to pay shipping, handling and processing fees for this item to be returned to the customer. The customer must claim the item by mail within 90 days. No cheque will be issued for an amount of $5 or less. In the event of such an appraisal, the envelope will be considered as having no value and the customer will be asked to pay fees to have it returned.

Payment Procedures

Once your items have been appraised, a cheque will be issued within twenty-four (24) hours of the appraisal. Shipments are delivered to our place of business five (5) days a week, Monday through Friday, not including holidays and weekends. In the event that the twenty-four (24) hour period extends includes a weekend or holiday, your cheque will be issued on the first business day following the holiday or weekend. To avoid confusion, the twenty-four (24) hour period does not include the time it takes for your cheque to be delivered to you.

Choice of applicable Law, Waiver, and Claims

You expressly agree that these Terms and Conditions, and all Comptoir d’achat G.S. transactions, will be exclusively governed by the laws of Province of Quebec and must be processed in Montreal, Quebec, without regard to the legal provisions of the conflict. Comptoir d’achat G.S.'s failure to exercise or enforce any right or provision of these Terms and Conditions will not be considered 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 endeavour 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 mailing kit or otherwise with Comptoir d’achat G.S. must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnification

You agree to indemnify and hold harmless Comptoir d’achat G.S. against any and all liability, claims, suits, losses, costs and legal fees (paid in advance) caused by or resulting from any breach or claimed breach of these Terms and Conditions, including claims brought by third parties. You further warrant that you will fully defend, protect, indemnify, and hold harmless Comptoir d’achat G.S. and its lawful successors and assigns from any adverse claim thereto.

These Terms and Conditions are subject to change. We recommend that you visit our website, www.or-gs.com, periodically to ensure that you are aware of our current Terms and Conditions.

Effective April 1st, 2010

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