Terms and Conditions
Please read the Terms and Conditions listed below carefully. These terms and conditions apply to the Houston Gold Exchange website located at www.houstongoldexchange.com and all websites associated to and linked to www.houstongoldexchange.com.
This website is operated by Houston Gold Exchange. Throughout the site, the terms “we”, “us”, and “our” refer to Houston Gold Exchange. Houston Gold Exchange offers this website, including all information, tools, and services available to this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. You agree to be bound by these terms and conditions by using this site.
These Terms and Conditions govern your use of, and any purchase from, the Houston Gold Exchange site, and constitute an agreement between you and Houston Gold Exchange. Houston Gold Exchange reserves the right to modify or change any of these listed Terms and Conditions or any policy or guidelines of the site at any time, and in its sole discretion. Any modification or change to this site will be effective immediately upon posting of the revisions of the site. By continuing to use the Houston Gold Exchange site following the posting of its modifications or changes will constitute as your acceptance of such modifications or changes. Accordingly, you should review these Terms and Conditions and any other policies frequently from time- to- time to understand the Terms and Conditions that apply to your use of the Houston Gold Exchange site. If you are not in agreement with the amended terms, you must stop using the site.
We reserve the right to refuse service to anyone for any reason at any time.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at leas the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
Product Availability
Certain products or services may be available exclusively online through the website. These products or services have limited quantities and are subject to return or exchange only according to our Return Policy. From time to time you might be able to place a product into your shopping cart and submit your order for processing, but your order will be cancelled shortly after due to the product being unavailable. You agree that Houston Gold Exchange may cancel your order after you have received an Order Confirmation without any penalty. Our goal at Houston Gold Exchange is to make sure our customers are pleased with their shopping experience. If your order is cancelled and you would like to be shown similar items, given suggestions on products, or learn more about an item’s availability please give us a call at (713) 521-2160 or send us an email at houstongoldexch@gmail.com.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case- by- case basis. We reserve the right to limit the quantities of any products or services that we offer.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh data applied in the service or on any related website, should be taken to indicate that all information in the service or any related website has been modified or updated.
Product Pricing
While Houston Gold Exchange makes every attempt to avoid these errors, occasionally data, including product prices, may be inaccurately displayed on our site due to typographical or system errors. Houston Gold Exchanges reserves the right to correct any and all errors and to update the price of a sale. We do not honor inaccurate or erroneous prices. Should this happen, Houston Gold Exchange will either notify you with instructions before shipping the product or cancel the order and notify you of the order cancellation. If for some reason the order has already been shipped, you agree to either return the product or pay the difference between the actual price of the product and what was charged. We apologize for any inconvenience that this may cause, but our prices are subject to change at any time without notice. Please do not hesitate to call with any questions at (713) 521-2160 or send us an email at houstongoldexch@gmail.com.
Houston Gold Exchange does not negotiate prices on our products and all our prices are final.
Payment Information
Once you have selected your item and have provided your shipping information, you will see a prompt for your payment details, such as credit card information, gift cards, or any promotional codes that you may have. By entering your payment information and submitting your order, you are authorizing us and our third party payment processors to charge the amount of the order to your chosen payment method.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to contact the email and/ or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Comparison Purchasing
Houston Gold Exchange does not allow comparison purchasing, which is the act of buying several items with the intent of only keeping the item you like best and returning the remaining items. If you are unsure about a specific item or how one diamond may compare to the next, please give our experts a call or send us an email. We will be happy to help answer any of your questions and assist you with making your choice. Call (713) 521-2160 or send us an email at houstongoldexch@gmail.com.
Information On Our Site
Houston Gold Exchange makes every attempt to ensure that our online catalog of products is as complete and accurate as possible. Every computer monitor is set differently so size and color may vary slightly. To give you the opportunity to view our products in detail, some products may appear bigger or smaller than their actual size in our photographs.
Our goal is to provide you with as much detail and information about your possible purchase as we can so that you can see the shape and beauty of said item. In compliance with industry standards and FTC regulations, Houston Gold Exchange states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On Houston Gold Exchange’s site we provide measurements of our products based on manufacturing specifications. Slight tolerances may be accounted for based on finishing during manufacturing. Width tolerance on machine made wedding bands of 0.20 is allowed and cast manufactured rings may vary slightly more.
As far as gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
When diamond jewelry is set with multiple diamonds, we will provide the minimum carat weight for the piece. Clarity and color grades are expressed either as an average or minimum depending on the number of diamonds. If stated as an average, collectively the quality is equal to or exceeds the grade state and if expressed as a minimum, all diamonds within the piece are at or above the stated quality.
Privacy Policy
For information on how Houston Gold Exchange uses, collects, and discloses personally identifiable information from its customers please refer to our Privacy Policy.
Site Content
The Houston Gold Exchange site and all content and other materials, including, without limitation, the Houston Gold Exchange logo, and all text, graphics, pictures, designs, coordination, selection, information, software, data, sound files, and other files and the selection and arrangement thereof (collectively, the “site materials’) are the proprietary property of Houston Gold Exchange or its users or licensors and are protected by copyright, patent and trademark laws, trade dress, and various other intellectual property rights and unfair competition laws.
Trademarks
Houston Gold Exchange, Houston Gold Exchange logos, and any other service name, product, or slogan contained in our site are trademarks of Houston Gold Exchange and its licensors and suppliers, and may not be imitated, used, or copied, in whole or in part, without prior written permission of Houston Gold Exchange or the suitable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Houston Gold Exchange” or any other trademark, name, service or product name of Houston Gold Exchange without prior written permission. All other Houston Gold Exchange names, trademarks, registered trademarks, product names or logos mentioned in our site are the property of their respective owners.
Use of the Site
You are granted a limited, personal, non-sublicensable license to use and access our site and electronic copy, (except where not allowed without a license) and print to hard copy portion of our site’s materials for your noncommercial, informational, and personal use only. Such license is subject to these Terms and Conditions and does not include:
- Any commercial use or resale of Houston Gold Exchange’s site or the site materials therein.
- The gathering and use of any pictures, product listings, or descriptions for commercial purposes.
- The public display, public performance, or the distribution of any site materials.
- Modifying or making any derivative uses of Houston Gold Exchange’s site and site materials, or any portion thereof.
- Use of any automated means to interact with, access, or monitor any portion of Houston Gold Exchange’s site, including through robots, spiders, data mining, scraping, or similar data gathering or extraction methods.
- Downloading (besides the page caching) of any portion of Houston Gold Exchange’s site, site materials or any information contained therein, except as expressly allowed on our site.
- Cause to appear any banners, advertisements, pop-up, pop-under, exit windows, expanding buttons or anything else which covers, frames, minimizes or inhibits the full display of Houston Gold Exchange’s site.
- Any use of Houston Gold Exchange’s site or the site materials other than for its intended purposes.
Any use of Houston Gold Exchange’s site or site materials other than as clearly authorized herein, without the prior written permission of Houston Gold Exchange, is strictly prohibited and will terminate the license granted herein. Unauthorized use as mentioned may also violate relevant laws, including without limitation trademark and copyright laws and applicable communications regulations and statues. Unless clearly stated herein, nothing in these Terms and Conditions shall be interpreted as conferring any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable at any time.
Infringer Policy
In accordance with other applicable laws and the Digital Millennium Copyright Act (DMCA), Houston Gold Exchange has adopted a policy of barring and terminating, in applicable circumstances and at Houston Gold Exchange’s sole discretion, account holders or site users who are deemed to be repeat infringers. At Houston Gold Exchange’s sole discretion, they may also terminate the accounts of any users who infringe any intellectual rights of others and or/ limit access to this site, whether or not there is any repeat infringement.
Third Party Content
Links to web pages and content of third parties (‘Third Party Content’) may be provided by Houston Gold Exchange as a service to those interested in this information. Houston Gold Exchange does not have any control over or monitor any Third Party Content or third party sites. Houston Gold Exchange cannot make any guarantee as to its accuracy or completeness to any Third Party Content and does not endorse it. Houston Gold Exchange does not warrant or represent the accuracy of any information contained and undertakes no responsibility to review or update Third Party Content. These links and Third Party Content contained therein are used by users at their own risk. We are not liable for any harm or damages related to the purchase of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
Promotions and Advertisements
Houston Gold Exchange may run promotions and advertisements on our site from third parties. Your correspondence with, business dealings, or participation in promotions of advertisers other than Houston Gold Exchange, and any warranties, representations, terms, or conditions associated with such dealings, are solely between you and that third party. Houston Gold Exchange is nor liable or responsible for any loss or damage of any sort incurred as the result of any such business or as the result of the presence of such non- Houston Gold Exchange advertisers on our site.
Submissions
You agree and acknowledge that if, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send any materials, including but not limited to comments, suggestions, contest entries, ideas, plans, drawings, notes, questions, original or creative materials or other information regarding this site, our products or services provided by Houston Gold Exchange, or Houston Gold Exchange are non-confidential and shall become the sole property of Houston Gold Exchange. Houston Gold Exchange will own exclusive rights, which include all intellectual property rights, and will be entitled to unrestricted use, distribution of these materials for any purpose, whether it be commercial or otherwise, without compensation or acknowledgement to you. You grant Houston Gold Exchange and its sublicensees and affiliates the right to use the name that you share and submit in connection with such content if they choose. You represent and permit that you own and control all of the rights to the content that you submit, or that you have the right to submit such content to this site and also that the content is not misleading and is accurate. You also permit that the use and posting of the content you supply will not violate any rights or cause injury to any entity or person.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
We are and shall not be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Indemnification
You agree to hold harmless, defend, and indemnify Houston Gold Exchange, its independent contractors, consultants, service providers, and their respective employees, agents, and directors from and against any damages, claims, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) relating to or arising out of any Content you post, store or otherwise transmit on or through our site or your use of or inability to use our site, including without limitation any actual or threatened suit, demand or claim made against Houston Gold Exchange and/or its service providers, directors or consultants, employees, independent contractors, arising out of or relating to the Content, your conduct your violation of these Terms and Conditions or your violation of the rights of any third party.
Accuracy, Completeness and Timeliness of Information
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 more timely 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.
Disclaimer Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HOUSTON GOLD EXCHANGE, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE SERVICES AND PRODUCTS PROVIDED ON OR IN CONNECTION THEREWITH (THE ‘PRODUCTS AND SERVICES’) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOUSTON GOLD EXCHANGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. HOUSTON GOLD EXCHANGE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE RELIABLE, ACCURATE, COMPLETE, CURRENT OR ERROR-FREE. HOUSTON GOLD EXCHANGE DOES NOT REPRESENT OR WARRANT THAT OUR SERVERS OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL HOUSTON GOLD EXCHANGE, ITS EMPLOYEES, MEMBERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HOUSTON GOLD EXCHANGE, OR THAT RESULT FROM OMISSIONS, INTERRUPTIONS, MISTAKES, ERRORS, DEFECTS, VIRUSES, DELETIONS OF FILES OR EMAIL, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, ACTS OF GOD, UNAUTHORIZED ACCESS TO HOUSTON GOLD EXCHANGE RECORDS, SERVICES OR PROGRAMS.
Applicable Law and Venue
Your use of the Houston Gold Exchange site and these Terms and Conditions 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 and Conditions shall be filed only in the state and federal courts located in Harris County, 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 hour use of the Houston Gold Exchange site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
You agree that Houston Gold Exchange may modify these Terms and Conditions and any other policies on our Site at any time. By posting the modified Terms and Conditions or policies on our site it will constitute as sufficient notice of such modification.
Termination
In spite of any of these Terms and Conditions, Houston Gold Exchange, reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent your future access to and the use of the site.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Houston Municipal Code Article IV Section 7-88
Houston Gold Exchange abides by the Houston Municipal Code Article IV Section 7-88. We are required to document the sale of gold within a Houston database, which includes obtaining a driver’s license along with a picture of the seller and a thumb print. Houston Gold Exchange is unable to purchase all timepieces, jewelry, precious metals, and diamonds that are present as they may not fit into our inventory needs.
Contact Information
Please do not hesitate to call Houston Gold Exchange with any questions at (713) 521-2160 or send us an email at legal@houstongoldexchange.com