1. Personal Requirements and Ownership of Merchandise:
You agree that you are at least 18 years of age. You agree that you are the legal owner of the merchandise you wish to sell to us. You also agree that you are acting on your own behalf, and not acting as anyone’s agent or representative. You further agree that the merchandise you are offering for sale is free and clear of any and all claims, liens, or any other impairment that may adversely affect the value of the merchandise or your ability to lawfully sell it to us.
2. Hold Harmless Provision
All Associates, hosts, and guests agree to hold Gold Palm Beach & A & E Jewelers harmless from bodily injury or property damage/loss, of any kind, that may occur during a party or during the transfer of any property items while they are in the custody of the party Associate or jeweler. All property in the custody of Gold Palm Beach or the US Postal service is fully guaranteed by that entity.
3. Guest Methods of Payment
Gold Palm Beach reserves the right to change and or expand the method of paying guests. We currently pay by company check issued the day Gold Palm Beach receives the items.
4. Commissions
Gold Palm Beach offers 10% commissions to the host on the total amount of money spent on jewelry during the show. If $1,500 or less is spent during a party or event Gold Palm Beach reserves the right to pay commissions 5% to the host to cover expenses.
5. Gold Palm Beach Associates
Associates of A & E Jewelers, Inc. d/b/a Gold Palm Beach will be considered independent contractors of Gold Party Beach and as such will be responsible for any state and/or federal taxes on income generated by associate through Gold Party Beach Commissions.
The 5% commission for coordinating parties begins for the third party that Associate schedules. During the first and second party, the associate will receive a $50 referral bonus for all parties that generate at least $1,000 in sales.
6. Privacy policy.
A & E Jewelers' privacy policy is posted at www.goldpalmbeach.com/privacy.htm. Such privacy policy, as amended from time to time, will be binding on you. A & E Jewelers reserves the right, in its sole discretion, to monitor and/or record any telephone calls made or received by A & E Jewelers. A & E Jewelers may disclose the amount of your Gold Palm Beach sales to your Associate and host who receive commission based on your sales.
7. Legal compliance.
A & E Jewelers has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program.
8. 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 A & E Jewelers. In no event will A & E Jewelers be liable to any third party, including, without limitation, any insurance carrier. A & E Jewelers will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
9. Choice of law, waiver and claims.
These terms and conditions, and all A & E Jewelers transactions doing business as Gold Palm Beach, will be governed by the laws of the state of Florida without regard to its conflict of law provisions. A & E Jewelers' failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be 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 endeavor 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 Gold Palm Beach service or web site(s) or otherwise with A & E Jewelers 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 Palm Beach County, Florida. A & E Jewelers 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 Palm Beach County, Florida, including but not limited to, attorney's fees incurred by A & E Jewelers.