DGSE GENERAL TERMS & CONDITIONS
The following General Terms & Conditions apply to all dealings and transactions between the customer, its affiliates and successors (collectively, “Customer”), and DGSE Companies, Inc., Charleston Gold & Diamond Exchange, Inc., Dallas Gold & Silver Exchange, and all of their respective affiliates, successors, predecessors, parents, subsidiaries and related entities (collectively, “DGSE”). Customer and DGSE agree to be bound by all of these General Terms & Conditions.
1. ARBITRATION. CUSTOMER AND DGSE AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM ANY DEALING OR TRANSACTION BETWEEN THEM OR FROM THESE GENERAL TERMS & CONDITIONS (COLLECTIVELY, A “DISPUTE”) WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, IF APPLICABLE, OR OTHERWISE PURSUANT TO THE TEXAS GENERAL ARBITRATION ACT, BEFORE A SINGLE ARBITRATOR IN DALLAS, TEXAS IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION FOR COMMERCIAL ARBITRATION AND WILL BE GOVERNED BY THE APPLICABLE PROVISIONS OF THESE GENERAL TERMS & CONDITIONS. DGSE DOES NOT CONSENT TO ANY CLASS ARBITRATION OR REPRESENTATIVE ARBITRATION PROCEEDING. CUSTOMER AND DGSE WAIVE ANY RIGHT TO ARBITRATE ANY DISPUTE OR TO PURSUE RELIEF AGAINST THE OTHER IN A CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING, AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. UNLESS DGSE AND CUSTOMER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY DECISION RENDERED IN SUCH ARBITRATION IS BINDING ON EACH PARTY, AND JUDGMENT MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. FEES AND EXPENSES OF THE ARBITRATOR AND ARBITRATION WILL BE DIVIDED EQUALLY BETWEEN THE PARTIES. CUSTOMER AND DGSE WILL EACH BE RESPONSIBLE FOR THEIR OWN ATTORNEYS’ FEES AND COSTS, AND THE ARBITRATOR HAS NO DISCRETION TO SHIFT ATTORNEYS’ FEES OR COSTS OF CUSTOMER TO DGSE. IF CUSTOMER BRINGS AN ACTION AGAINST DGSE IN ANY PROCEEDING OTHER THAN INDIVIDUAL ARBITRATION AS REQUIRED BY THESE GENERAL TERMS & CONDITIONS, OR UNSUCCESSFULLY CHALLENGES OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, CUSTOMER WILL BE RESPONSIBLE FOR ALL LEGAL AND OTHER EXPENSES INCURRED BY DGSE (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS) IN COMPELLING ARBITRATION, ENFORCING THIS ARBITRATION PROVISION OR DEFENDING OR ENFORCING THE ARBITRATION AWARD.
2. ALL SALES OF FINE-WATCHES, BULLION, CLEARANCE/FINAL-SALE ITEMS, AND CUSTOM, SIZED OR ENGRAVED ITEMS ARE FINAL; THESE ITEMS CANNOT BE RETURNED. All other purchased items may be returned by Customer to DGSE within 30 days from purchase for a full refund less a 10% restocking fee. Returned items must be accompanied by their original receipt, box, invoice, laboratory report, appraisal, warranty certificate and associated component parts (e.g., bracelet links, screws) provided at the time of sale. Deposits are non-refundable and non-transferable.
3. DGSE-authorized layaway purchases require a $10 deposit, a 25% payment (of the purchase price) within two weeks after the deposit, and full payment of the purchase-price balance within 90 days after the deposit payment. If Customer fails to make either the 25% payment or final-balance payments within 90 days, then the item will be returned to inventory and Customer will forfeit any payments made.
4. Limited Warranty & Liability. DGSE warrants only the hands, dial and watch movement of its watches, for one year from date of purchase, with a copy of the sales receipt. If these components are defective in material or workmanship under normal use during the warranty period, they will be repaired or the watch replaced at the sole discretion of DGSE, free of charge. In case of replacement, DGSE cannot guarantee that Customer will receive the same model watch. If Customer’s model is unavailable, DGSE will provide a watch of similar value and style. Customer is responsible for any shipping and insurance costs required to obtain warranty service. This warranty is void if the watch has been altered or damaged by unauthorized service or repairs. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO CUSTOMER PURCHASES FROM DGSE; DGSE DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DGSE WILL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LIABILITIES OF ANY KIND ARISING OUT THE SALE OR USE OF ITEMS PURCHASED FROM DGSE, WHETHER BASED IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR ANY OTHER THEORY. DGSE’S ENTIRE LIABILITY IS LIMITED TO REPLACEMENT OR REPAIR OF THE PURCHASED ITEM, OR THE PURCHASE PRICE PAID FOR IT, AT DGSE’S SOLE OPTION.
5. Customer represents and warrants to DGSE that: (a) Customer has good and marketable title to items that Customer seeks to sell to DGSE (“Customer Product”) and full authority to sell and transfer Customer Product, (b) Customer Product is free and clear of any liens or encumbrances, and Customer will fully defend, indemnify and hold DGSE harmless from any adverse claim thereto; (c) no Customer Product originates from, or has been involved in any illegal activity; (d) Customer has previously complied with all applicable holding and reporting requirements and paid applicable duties relating to Customer Product; and (e) Customer has in place a written anti-money laundering program or is statutorily exempt from this requirement. Customer is responsible for all taxes on Customer Product sales.
6. The rights and obligations of DGSE and Customer provided for in these General Terms & Conditions are governed by and construed in accordance with the laws of the State of Texas, excluding its choice-of-law principles.
7. INDEMNITY. IF CUSTOMER FAILS TO COMPLY WITH ANY OF ITS OBLIGATIONS, REPRESENTATIONS OR WARRANTIES HEREIN, CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD DGSE HARMLESS FROM ANY AND ALL INJURIES, COSTS, SUITS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, THAT DGSE MAY INCUR AS A RESULT OF SUCH FAILURE BY CUSTOMER.
8. Customer must notify DGSE in writing within 95 days after a purchase, sale or other transaction of any Dispute, otherwise Customer is forever barred from bringing a claim for loss, damage, or other relief relating to such Dispute.
9. These General Terms & Conditions supersede any prior agreements between DGSE and Customer; constitute the entire agreement and understanding between DGSE and Customer concerning the subject matter hereof; may only be modified or amended by written instrument executed by DGSE and Customer; and do not inure to the benefit of any third person or create a basis for third-party cause of action.
10. If any provision of these General Terms & Conditions is found by a court of competent jurisdiction or an arbitrator to be wholly or partly invalid, the remaining provisions will nonetheless be valid and enforceable. DGSE’s waiver or forbearance to enforce its rights regarding any Customer breach of these General Terms & Conditions will not operate or be construed as a waiver of any subsequent breach by Customer or a waiver of other DGSE rights.
11. Customer authorizes DGSE to make such credit, criminal, and other background investigations of Customer as DGSE deems appropriate.
DGSE is an independent retailer of pre-owned Rolex watches and other fine timepieces, not affiliated with Rolex, S.A. or Rolex USA. DGSE sells pre-owned Rolex watches and warranties such watches directly through DGSE as set forth herein. Aftermarket additions void the warranty of new and used Rolex watches sold by Rolex S.A. or at www.rolex.com. Rolex is under no obligation to warranty-service through its service locations watches sold by DGSE. Rolex Day-Date, Sky-Dweller, Date, Datejust, Pearlmaster, Oyster Perpetual, Air-King, Submariner, Sea-Dweller, GMT-Master, Yacht-Master, President, Cosmograph Daytona, Explorer, Milgauss, Cellini Moonphase, Prince, Pearl-Master and MasterPiece are all registered trademarks of the Rolex Corporation (Rolex USA, Rolex S.A.). All other brands, including Cartier, Audemars Piguet, Patek Philippe, Ulysse Nardin, Breitling and Omega, are trademarks of their respective holders.
In the event of a conflict between the terms of this website and the official DGSE Terms and Conditions listed here, the following is the order of precedence in interpretation: (a) the official DGSE Terms and Conditions, then (b) these website terms.