TERMS AND CONDITIONS
The terms and conditions of this Mail-In Agreement (“Agreement”) are legally binding on you as a customer of CIRCA INC. (“CIRCA”), and inure to the benefit of CIRCA and its successors and assigns.
1. General terms
(i) You have mailed the article(s) listed in the Packing Slip (hereinafter defined) (“Articles”) to CIRCA for the purpose of receiving a potential offer from CIRCA via electronic mail. You agree to utilize the following sent to you by CIRCA in accordance with CIRCA’s instructions via electronic mail following the submission and registration of your information on CIRCA’s Mail-In website: (i) the packing slip for the listing and description of your Article in accordance with paragraph 2 (“Packing Slip”), (ii) mailing label (“Mailing Label”) and (iii) shipping instructions.
(ii) Title to the Article(s) will remain with you until you have signed and submitted CIRCA’s Purchase Form to CIRCA either by (i) electronic mail at email@example.com or (ii) fax at (212) 688-0605. Thereafter, CIRCA will issue a check that constitutes CIRCA’s payment for the purchase of the Article(s). Upon your cashing, deposit or other acceptance of the check, your failure to provide timely notice of a return request in accordance with paragraph 1(iii) below, or your signing and submission of CIRCA’s Purchase Form to CIRCA, whichever occurs first, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive your Article(s) back from CIRCA.
(iii) You understand that the Article(s) can be returned to you upon request, at any time before you have signed and submitted CIRCA’s Purchase Form to CIRCA. You must request any and all of the Articles to be returned by sending written notice via electronic mail at firstname.lastname@example.org. You agree that CIRCA will have a reasonable time period after such request (however, that such period must be no less than five business days) to return the Article(s) to you. Upon return of the Article(s) and acceptance by you by signature on the carrier’s proof of delivery record, CIRCA shall be released from all claims and liabilities.
(iv) CIRCA reserves the right to make no offer and return any Article(s) to you via mail (with prior notice to you) in the same condition as received if CIRCA chooses not to purchase the Article(s) for any or no reason at all without any further liability to you. Upon return of the Article(s) and acceptance by you by signature on the carrier’s proof of delivery record, CIRCA shall be released from all claims and liabilities.
(v) If you reject CIRCA’s offer, CIRCA shall return the Article(s) to you by mailing the Article(s) to you (with prior notice to you) within a reasonable time period (not less than five business days) in the same condition as received. Upon acknowledgment and receipt of the Article(s) by you by signature on the carrier’s proof of delivery record, CIRCA shall be released from all claims and liabilities.
(vi) Subject to paragraph 3, you shall be protected against damage resulting to packages containing Article(s) that are insured by CIRCA (while in transit via a common carrier, postal or delivery service only between CIRCA and yourself), resulting from fire, theft, and shipping of up to the lower of either (a) the specified insured value of each Article stated in this Agreement form, or (b) Ten Thousand Dollars ($10,000.00) for all Articles sent. To the extent that CIRCA has acknowledged to you in writing that the Article(s) delivered to CIRCA are valued at greater than $10,000.00 PRIOR TO delivery of such Article(s) to CIRCA, the $10,000.00 limitation shall not be applicable. Packages containing Article(s) that are insured by CIRCA are strictly limited to those that are (i) shipped with the Mailing Label and (ii) in transit between CIRCA and yourself.
(vii) The Article(s) are being delivered for potential sales to CIRCA in the City, and State of New York and all rights of the parties, including those pertaining to the Article(s) are to be determined in accordance with New York law, without regard to the principles of conflict of law. You agree that CIRCA and its employees and its agents shall not be liable for any indirect, consequential, incidental, exemplary, punitive, statutory, special or other similar damages (including, without limitation, loss of profit or opportunity), for loss or damage to the Article(s), even if advised of the possibility of such damage.
2. Requirements for use. You must be (and, by requesting, receiving or using this Agreement, CIRCA Purchase Form or other CIRCA materials, sending CIRCA any gold, diamonds, jewelry, watches or other property or Article(s), or otherwise conducting business with CIRCA, 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 Article(s) sold or attempted to be sold to CIRCA, and that your Article(s) is free from any and all claims, liens, or any other encumbrances that might adversely affect the value of your Article or your ability to sell it to us;
(iii) You are acting on your own behalf, and not as another’s agent or representative, and
(iv) Intending and agreeing to be legally bound by these terms and conditions.
CIRCA may request documentation or other proof of compliance with any of these requirements.
You expressly represent, warrant and agree that you have full, legal and unencumbered title to, and ownership of, every Article that is sent or delivered by you to CIRCA and that you have full authority to solely engage in the transaction with CIRCA.
You agree to accurately list and describe the Article(s) that you send to CIRCA on the Packing Slip. If CIRCA determines in its sole discretion, that there are significant discrepancies between the Article(s) as described in the Packing Slip and the Article(s) received, or if no Packing Slip was included in the shipment, CIRCA reserves the right to suspend or terminate the transaction with notice to you. In the event that the transaction is terminated, CIRCA will ship the Article to you within three (3) business days at CIRCA’s cost by an insured carrier of its choosing.
You agree to and will indemnify and hold harmless CIRCA 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(s) or Article(s) sold, or purported or arranged to be sold by you to CIRCA.
3. Limitations of liability.
(i) Except as expressly set forth in this Agreement, CIRCA will have no liability for any Article(s) or packages containing Article(s) while in the possession or custody of any party other than CIRCA, including, without limitation, any common carrier, customs authority, postal or delivery service or any other third party.
(ii) Every package must be shipped in strict accordance with the Shipping Instructions. Shipping Instructions will be provided to you through our website after successful submission of your information through CIRCA’s Secure Mail-In website. If you fail to comply with the instructions in any way as determined in CIRCA’s sole discretion, CIRCA will have and assumes no liability whatsoever for any damage, loss, claim or insured value arising in connection with the Article. By way of example and not by way of limitation, if CIRCA finds upon receipt of your shipment, that the package was not packaged and shipped in accordance with the Shipping Instructions, CIRCA is not liable for any damage, loss, claim or insured value of the Article. If CIRCA determines that there are any discrepancies, CIRCA may suspend or terminate the transaction with notice to you. In the event that CIRCA terminates the transaction, CIRCA will ship the Article to you within three (3) business days at CIRCA’s cost by an insured carrier of its choosing.
(iii) CIRCA reserves the right, in its sole discretion, to reject delivery of any mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected mail, envelope, package or material will be returned to you with prior notice to you.
(iv) In the event of a loss or damage after CIRCA acknowledges receipt and verification of an Article which was shipped in accordance with CIRCA’s Shipping Instructions, CIRCA’s liability will be limited to the insured value of the Article as set forth in paragraph 1(vi).
(v) Except as expressly set forth in this Agreement, CIRCA will have and assumes no liability whatsoever, whether arising in connection with the use of this Agreement, CIRCA Purchase Form, the mail-in service or other materials or services provided by CIRCA, for the loss of any Item(s), or for any other reason. CIRCA and its employees and its agents shall not be liable for any indirect, consequential, incidental, exemplary, punitive, statutory, special or other similar damages (including, without limitation, loss of profit or opportunity), with respect to or arising under or related to this Agreement, even if advised of the possibility of such damage. You agree that CIRCA is not obligated to defend, indemnify, or hold you harmless in connection with any third party claims, suits or actions brought against you, including, without limitation, claims brought by any article owner.
5. Legal compliance. CIRCA has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program. The State of New York requires CIRCA to obtain your driver license number (or other government-issued identification number) and the signed sworn statement as set forth in paragraph 2(ii) above in order to process the transaction.
6. 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 CIRCA. In no event will CIRCA be liable to any third party, including, without limitation, any insurance carrier. CIRCA will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
7. Miscellaneous. These terms and conditions, and all relevant transactions and dealings, including but not limited to CIRCA’s Purchase Forms, will be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws thereof. CIRCA’s failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of any other or subsequent breach of the same or any other term or condition hereof. The enumeration and headings contained in this Agreement are for convenience of reference only and are not intended to have any substantive significance in interpreting this Agreement.
This Agreement sets forth the entire agreement and understanding between you and CIRCA and merges and supersedes any and all prior agreements, representations, discussions, and understandings of every kind and nature, written and oral, between you and CIRCA concerning the subject matter hereof. You represent that, in signing this Agreement, you have not relied upon any representation or statement made by CIRCA, other than as set forth herein, with regard to the subject matter, basis or effect of this Agreement or otherwise.
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 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 this Agreement, CIRCA Purchase Form, intake service or otherwise with CIRCA 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. CIRCA 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 State of New York, including but not limited to, attorneys’ fees incurred by CIRCA.
In order to conduct your transaction with us through the mail-in program, you must accept the foregoing terms and conditions. You agree and accept the terms by clicking “Submit” at the end of the CIRCA order stating: “By submitting this form, you agree to CIRCA Terms & Conditions – See link below.”
CIRCA® is a registered service mark of CIRCA INC.