Terms & Conditions
As of July 2017
Welcome to the buyback.pratikshajewelry.com website (the “Site”). This Site is owned and operated by Pratiksha Jewelry’s Buyback Division (“PJ Buyback”). The following terms and conditions (the “Terms”), along with the terms set forth in forms submitted by you through the Site when using the services offered by us through the Site, constitute a legally binding agreement between you and PJ Buyback and it successors, assigns and affiliates. We may add additional Sites or services and these Terms will govern those new Sites and services when added. You may be accessing our Sites from a computer or a mobile device and these Terms govern you use of our Site and your conduct, regardless of the means of access. We refer to ourselves throughout the Site and in these Terms and Conditions as “PJ Buyback”, “we”, “us” or “our”.
Please read these Terms carefully before using the services offered through this Site. By using the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms. We may further confirm your agreement to and acceptance of these Terms or portion thereof by requiring you to affirmatively assent to the same (e.g., by clicking an ‘I Accept’ button) in connection with the services provided by us. If you do not agree to any of these Terms, then you may not access the website or use the services offered by the Site.
We reserve the right to change or modify any of the Terms from time to time at any time, without notice and in our sole discretion. If we decide to change these Terms, we will post a new version to the Site and update the date set forth above. Any changes or modifications to these Terms will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms, including their dates, to understand the terms and conditions that apply to your use of the Site.
TERMS & CONDITION OF PURCHASE
Requirement for Use
You must be the authorized “Seller” of the item, represented by the following Terms. By using this site and receiving any valuation, offers, or other materials from us and by sending to us any diamond, gemstone, and/or jewelry for evaluation or sale (“Articles”) or otherwise conducting business with us, you (“Seller”) represent and warrant that you are:
- at least twenty-one (21) years of age;
- you are acting on your own behalf, and not as another’s agent or representative;
- the actual legal owner of all right title and interest in and to any and all Articles that you offer to sell or sell to us, free and clear of all claims, liens, and/or encumbrances that might adversely affect the value or your ability to sell to us;
- agreeing to and will indemnify and hold harmless PJ Buyback and its parent, successors, subsidiaries, employees, directors, lenders, agents and affiliates from and against any and all claims, suits, investigations, judgments, liabilities, obligations, penalties, actions, costs, charges, expenses, attorney fees, and damages relating to or arising out of the title to, ownership of or lien on any Article(s) sold, or purported or arranged to be sold by you to PJ Buyback. All future claims, penalties and legal proceedings that may arise out of or in connection with the sale of these products to PJ Buyback would be the complete responsibility of the Seller.
- Intending and agreeing to be legally bound by these Terms & Conditions.
Submitting Your Article
- Apply online to sell your Article
- By filling out our Start by Mail or Schedule and Appointment online form (the “Request”), you are requesting a quote to sell Article(s) owned by you. The more accurate and detailed description you can provide us, the more likely it is that we will be able to provide you with an accurate quote for the Article(s) value.
- When you fill out the Request, you will be asked to provide us with your personal information, a complete and accurate description of the Article including GIA grading report number(s) (if available).
- Once we receive your completed Request, we may issue a minimum guaranteed cash offer for the Article(s) (“Offer”).
- The minimum guaranteed offer is the minimum amount that PJ Buyback will pay for your Article(s) should it pass our physical inspection.
- After receiving your Offer and if you wish to sell your Article for the minimum guaranteed amount, you must accept the Offer by email prior to the offer expiration date.
- We reserve the right to refuse to issue an Offer on any Article(s) for whatever reason at our sole discretion. Should this happen, Seller will be notified via email.
- Physical inspection
- Offers are not final until PJ Buyback physically inspects and authenticates Article(s). PJ Buyback reserves the right to increase, decrease or cancel an Offer at any time. In the event that PJ Buyback cancels an offer, PJ Buyback will ship the Article back to the Seller, free of charge.
- Physical inspection is done in PJ Buyback’s evaluation center in Dallas, Texas.
- Articles for evaluation
- PJ Buyback accepts Articles for evaluation.
- To make a full, proper evaluation, you may be asked to provide written consent to unmount your stone from its setting. This will be done via email agreement (for mail-in jewelry) or written agreement (for in-person evaluations).
- After evaluating the Article, PJ Buyback may issue an Offer.
- If you accept the Offer, you can accept the Offer online or by email using the Acceptance Form
- If you do not accept our Offer, your Article will be returned to you insured up to the offer amount.
- The Article will be returned in its unmounted or unset condition. It is the Seller’s responsibility to re-set or re-mount the diamond at the Seller’s own expense.
- PJ Buyback is not responsible for any damage(s) to the setting or diamond as a result of removing the diamond from the setting.
- Shipping and insurance
- Once the offer is accepted, PJ Buyback will send to you a free, insured shipping kit. A FedEx label is included in the kit.
- Seller is responsible for packing and shipping the Article in accordance to PJ Buyback’s packing instructions which is included in the shipping kit. If you fail to comply with the packing instructions in any way as determined by PJ Buyback’s sole discretion, PJ Buyback will have and assume no liability whatsoever for any damage, loss, claim or insured value arising in connection with the Article(s).
- If there are significant discrepancies between the Article(s) as described on the Packing Slip information provided by the Seller, or if no Packing Slip is included in the shipment, PJ Buyback reserves the right to suspend or terminate the transaction with notice to you. PJ Buyback will ship the Article to you within 3-5 business days by an insured carrier of choice.
- PJ Buyback reserves the right to reject delivery of any package which appears to be opened, damaged or tampered with in any way. If package is not packaged and shipped in accordance to shipping instructions, PJ Buyback is not liable for any damage, loss, claim or insured value of the Article.
- Your Article(s) is only insured up to the offer amount if you use the FedEx label provided by PJ Buyback. Please note that you will have up to 7-10 days to use the label. PJ Buyback is not responsible for delivery costs and related insurance if Seller does not use the shipping label provided by PJ Buyback.
- The value of the insurance is based on the offer price. If you are submitting an Article for evaluation only, the insurance value will be will be determined by PJ Buyback in its reasonable discretion and will be based on a review of the information about the Article provided by the Seller. PJ Buyback will provide a good faith assessment of the insurance amount for these purposes; however, PJ Buyback shall not be liable for any discrepancy or under-insured amounts. The insurance amount will be communicated to Seller via email. If the Seller does not object then this insurance amount will be considered as accepted by the Seller.
- Articles sent to PJ Buyback for evaluation will be insured up to the agreed amount of the insurance by PJ Buyback’s third party insurance carrier.
- Seller’s recourse is limited to seeking recovery through the insurance policy and only up to the agreed amount of insurance.
- PJ Buyback will use all reasonable efforts to ensure payments are process within three business days of receiving the Article.
- Payments can only be issued to the Seller. In order to issue payment:
- You will be required to complete and sign an Offer Acceptance Form (“Acceptance”). By signing the form you will agree to:
- sell your Article to us at the offer price;
- that you are the rightful owner of the Article;
- that the Offer is contingent upon physical inspection;
- that the sale will become final once PJ Buyback issue payment for the Article
- that the insurance value shall be the offer price.
- In order to comply with Texas State law and the USA Patriot Act, we are required to obtain the following information from you in order to issue payment:
- A copy of your government issued identification – acceptable IDs are copy of your Driver’s License, Passport, Passport Card, Military ID, or State Non-Drivers ID.
- Proof of address (if different from Driver’s License) – acceptable proof of address are utility, medical or credit card bills.
- Proof of ownership (if available) – A purchase receipt or insurance policy under your name, or any other legal document that can reasonably prove ownership.
- PJ Buyback offers two method of payment for your Article:
- Bank wire transfer – PJ Buyback will transfer the fund directly to your account. Bank wires typically take 2-3 business days to appear in your account. PJ Buyback will not be responsible for any transaction fees charged by your bank.
- Check – Checks are sent from Texas to the proof of address that you have provided to us. All checks are sent via regular mail to the proof of address provided by the Seller.
- Return of Setting
- Seller can request PJ Buyback to return the setting and to sell to PJ Buyback only the diamond(s) or gemstone(s) contained in the setting
- Seller shall notify PJ Buyback if they wish for the setting to be returned
- PJ Buyback reserve the right to modify its Offer if the Offer contains a value for the setting
- Seller shall sign a waiver to remove the diamond(s) or gemstone(s) from the setting
- PJ Buyback is not responsible for any damage to the setting as a result of removing the diamond(s) or gemstone(s)
- The setting shall be returned to the Seller with an insured value determined by PJ Buyback in its reasonable discretion. In no case, shall the insured value exceed $500 unless specific insurance value is pre-arranged for your setting and agreed upon by PJ Buyback.
- Seller can rescind their acceptance of the offer any time prior to payment issued by PJ Buyback. In such a case, the Article will be returned to the Seller insured up to the amount of the offer.
- Once payment of the agreed amount has been issued by PJ Buyback, the purchase is Final and non-cancellable.
- Return of Article(s)
- In the event that the Seller rejects the offer made by PJ Buyback, PJ Buyback must be notified by phone or by email within 30 business days of the initial offer. Upon rejection of offer, PJ Buyback will return the Article(s) in a reasonable time period (not less than 5 business days) to the Seller via insured FedEx mail delivery. Signature upon receipt is required.
- Should the Seller fail to accept or reject the offer, we will ship it back to the provided return address within 30 business days of the initial offer.
- Upon return of the Article(s) and acceptance by you by signature on the carrier’s proof of delivery record, PJ Buyback shall be released from all claims and liabilities.
PJ BUYBACK WEBSITE
Use of Third Party Service Providers by PJ Buyback
PJ Buyback may use third party service providers, vendors, and licensors to assist us in furnishing some of the materials and functionality within this Site. You hereby consent and authorize us to delegate the authorizations you provide to us to our Third Party Service Provider(s) as we deem necessary to provide services to you. You agree that the terms and conditions of this Agreement, including any of the other terms, conditions, and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of this Agreement, including any other terms, conditions, and liability disclaimers incorporated into this Agreement. You also agree that all references to us within this Agreement and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third Party Service Providers.
Use Of Software, Content, And Other Intellectual Property
All information, materials, software, information, content, submissions, audio visual content, icons, insignia, trademarks, tradenames, copyrights, patents, and any and all other materials, paradigms or systems (the “Material”) contained on the Site is the sole and exclusive property of PJ Buyback or the owned property of the third party service provider and may not be utilized in any manner except as provided for hereunder and with PJ Buyback ‘s express written permission. Any Material posted on the Site that may be downloaded, is/are to be for your personal use only and you may not convert, convey, license, assign, encumber, copy or transfer such personal license to any third party. You may not sell, transfer, assign, license, sublicense, or modify the Material or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use or posting of the Material on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos of PJ Buyback used and displayed on the Site are registered and unregistered trademarks or service marks of PJ Buyback. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (“Third-Party Trademarks”, and, collectively with the PJ Buyback Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the PJ Buyback Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Material may be retransmitted without our express, written consent for each and every instance.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to ensure that our Site information is as accurate and complete as possible. To provide greater detail of our products, we sometimes make our products appear larger or smaller than the actual size in our photographs. We make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We try to provide as much information as possible regarding your prospective purchase so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, PJ Buyback states that carat total weight in all purchases may vary up to 0.05 carats from stated weight. For gemstone and diamond measurements, a total of 0.25mm is allowed.
On our Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.30mm is allowed. Cast manufactured rings can vary slightly more. The measurements that we provide of our products are taken by us to the best of our ability. PJ Buyback is in no way to be held responsible for errors that were caused in measuring the weight or dimensions or any other form of measurement.
For items containing multiple diamonds or gemstones, we list the average grade and measurement for color, clarity, and carat weight. These averages are calculated by adding all grades or measurements that comprise the inventory with regard to that particular piece of merchandise, and determining the closest average.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PJ Buyback provide you a limited, personal, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. This license is subject to these Terms and Conditions and does not include: a) the collection and use of any pictures, product listing or descriptions for commercial purposes; b) any commercial or resale use of our Site or the Site Materials therein; c) the public performance, distribution or public display of any Site Materials, d) use of any automated means to access, examine or interact with any portion of our Site, including through data mining, extraction methods, robots, spiders, scraping, or similar data gathering; e) changing or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; g) use our web sites in any manner which interferes with the regular function of our sites; h) made to appear any pop-under, pop-up, exit windows, expanding buttons, advertisement, banners, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; or i) any use of our Site materials or the Site other than for its proposed purpose. Utilization of our Site or the Site Materials other than as expressly approved herein, without the prior written consent of PJ Buyback, is strictly forbidden and will terminate the license provided herein. Such unauthorized use may also infringe applicable laws, including without limitation trademarks and copyright laws and applicable communications regulations and statutes. Unless clearly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by implication, estoppels, or otherwise. This license is revocable at any time.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Except as expressly provided to the contrary in a writing by PJ Buyback, this site, the content contained therein and the products and services provided on or in connection therewith (the “Products and Services”) are provided on an “as is” basis without the warranties of any kind, either express or implied. PJ Buyback disclaims all other warranties, express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our Site. PJ Buyback does not warrant or represent that materials in our site or the services are accurate, reliable, complete, current or error-free. PJ Buyback does not represent or warrant that our site or its servers are free of viruses or other components.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PJ Buyback, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless PJ Buyback and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Applicable Law & Venue
These Terms & Conditions and your use of the Site will be governed by and construed in accordance with the laws of the state of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions shall be filed only in the state and federal courts located in Dallas, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms & Conditions.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.
This business is registered under the State of Texas and by law is subject to regulatory oversight by the Office of Consumer Credit Commission. Any consumer wishing to file a complaint against the business may contact the Office of Consumer Credit Commissioner through one of the means indicated below:
In person or U.S. Mail:
2601 North Lamar Boulevard
Austin, Texas 78705-4207
Telephone: (800) 538-1579
Fax: (512) 936-7610
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.