Terms & Conditions
These terms and conditions (the “Terms and Conditions”) govern the use of www.blackhillsgoldsource.com (the “Site”). This Site is owned and operated by Black Hills Gold Source LLC. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of Black Hills Gold Source LLC and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Users may post the following information on our Site:
- Product reviews.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Jewelry and fashion accessories.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
We accept the following payment methods on our Site:
- Credit Card;
- Google Pay;
- Apple Pay; and
- Affirm Financing (for purchases of $200 and over)
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- USPS Priority Mail – Delivery, once shipped, takes 2-4 business days.; Orders shipped to PO boxes must be shipped via USPS.
- USPS Express Mail – Delivery, once shipped, takes 1-2 business days.; Not available for Alaska, Hawaii, Puerto Rico, Guam, Canada, Mexico, PO Boxes, etc.
- UPS Ground Shipping – Delivery, once shipped, takes 2-4 business days. Lower 48 states only. Not available for Alaska, Hawaii, Puerto Rico, Guam, Canada, Mexico, PO Boxes, etc.
- UPS 2nd Day Air – Delivery, once shipped, takes 2 business days. Lower 48 states only. Not available for Alaska, Hawaii, Puerto Rico, Guam, PO Boxes, Canada, Mexico, etc.
- UPS Next Day Air – Delivery, once shipped, is usually the next business day. Lower 48 states only. Not available for Alaska, Hawaii, Puerto Rico, Guam, PO Boxes, Canada, Mexico, etc.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays. Delivery times are estimated for once the item is shipped and do not include processing time by Landstroms and other Black Hills Gold companies. Please see individual item listing for processing time of that item.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
*SPECIAL SHIPPING NOTE FOR DROP-SHIP ORDERS:
We are happy to drop-ship your Black Hills Gold order to an address other than your credit card billing address if it totals less than $300. However, due to the increasing threat of internet fraud, for orders totaling $300 or more, please call us at 303-325-3980 to make arrangements. Our apologies for any inconvenience but this is the only way we can protect ourselves and our valued customers.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Black Hills Gold Source LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Black Hills Gold Source LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Colorado.
Subject to any exceptions specified in these Terms and Conditions, if you and Black Hills Gold Source LLC are unable to resolve any dispute through informal discussion, then you and Black Hills Gold Source LLC agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Black Hills Gold Source LLC.
Notwithstanding any other provision in these Terms and Conditions, you and Black Hills Gold Source LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
You can also contact us through the feedback form available on our Site.