Terms & Conditions
Terms and Conditions
Thank you for your interest in Hock My Rock LLC (“we,” the ”Company” or ”Hock My Rock”) and the website www.hockmyrock.com. We look forward to working with you. Our goal is to provide you (“you” or ”Customer”) with clarity and certainty when doing business with us. All transactions and proposed transactions are subject to these Terms and Conditions. These Terms and Conditions may be updated from time to time, either with or without notice to you. We reserve the right, in our sole discretion, to limit or terminate our business under these Terms and Conditions and your access to hockmyrock.com, at any time and for any reason without prior notice or liability. If you have any questions, please feel free to email email@example.com or call 631-780-4625.
What We Do
Hock My Rock offers the following services: 1. We purchase fine jewelry including diamonds and precious metals. Our objective is to pay our Customers in a timely manner, giving you the ability to sell your jewelry from the comfort of your home; 2. We offer a Marketplace on the Shop page for Sellers to list their fine jewelry for sale to third-party Buyers. Our objective is for Sellers to have a protected and anonymous ability to list their item for sale and for Buyers to have the ability to purchase pre-owned jewelry from third-party Sellers with confidence as we authenticate every purchase before it is shipped to the Buyer and before payment is released to the Seller.
How It Works
Selling directly to Hock My Rock: Fill out the Estimate Form on the Estimate Form page, by clicking on “Sell” on the top navigation bar, then “Sell to Hock My Rock”. An estimate will be emailed to you within one (1) business day. If you like the estimate you can choose to send your item to us for an official offer. Once we receive your item, we will use our reasonable efforts to give an offer to you within two (2) business days. If you accept that offer, that will represent your legally binding commitment to sell the item. Payment in the form of check or PayPal will be made to you within one (1) business day. If you decline the offer, or if there is no offer from us, your item will be mailed back to you free of charge, so long as you have complied with all Terms and Conditions.
Selling on the Marketplace: Fill out the Marketplace Form on the Marketplace Form page by clicking “Sell” on the top navigation bar, then “Sell on the Marketplace.” Your item will post to the Marketplace on the Shop page within one (1) business day. Your item will remain on the Marketplace until it sells or until your notify us that you would like your listing removed. If for any reason your item is no longer for sale, you must notify us immediately in writing so we can remove your item from the Marketplace. If your item sells, you will be notified via email. You will have five (5) business days to ship your item to Hock My Rock. You must notify us when you ship your item and send tracking information to us. Once we receive your item we will open it under video surveillance and a gemologist will endeavor to authenticate it within two (2) business days to make sure it is as you described on the Marketplace Form. Once authenticated, we will issue payment to you in the form of a check within one (1) business day and ship the item to the Buyer. The check amount will be the total sales price of your item minus a 15% commission. During the authentication process, if we find that your item is not as you described on your Marketplace Form, we will notify both you and the Buyer. The Buyer can choose to continue with the sale as is, request a price adjustment or cancel the sale. In the case that the Buyer chooses to cancel the sale or you and the Buyer cannot agree on an adjusted price, Hock My Rock will issue an invoice to you for the cost of return shipping. Once paid, your item will be returned to you.
Buying on the Marketplace: If you purchase an item listed for sale on the Marketplace on the Shop page, the Seller will be notified. The Seller will have five (5) business days to ship their item to us for authentication. Once we receive the item a gemologist will endeavor to authenticate it within two (2) business days to make sure it is as the Seller described on their Marketplace listing. Once authenticated, we will issue payment to the Seller and ship the item to you within one (1) business day. Please note, if you purchased any additional services it may take longer to ship the item to you. During the authentication process, if we find that the item is not as described on the Marketplace Form, we will notify both you and the Seller. You can choose to continue with the sale as is, request a price adjustment from the Seller or cancel the sale. In the case that you choose to cancel the sale or you and the Seller cannot agree on an adjusted price, Hock My Rock will cancel the sale and you will receive 100% of your money back.
Every Customer must be eighteen (18) years of age or older in order to sell an item to Hock My Rock or on its Marketplace. Every Customer must be the actual legal owner of any and all property sold or attempted to be sold to Hock My Rock or on its Marketplace, and that property must be owned free and clear of any liens, claims, security agreements or other encumbrances or defects in title. Every Customer must be acting on his or her own behalf and not as the agent or representative of another person. By selling or attempting to sell any item to Hock My Rock or on its Marketplace, you agree to hold Hock My Rock or any third-party Buyer harmless from any claims brought by a third party claiming ownership of any items Hock My Rock purchases from you or any items a third-party Buyer purchases from you on the Marketplace.
Hock My Rock may, but shall not be required to, request documentation or other proof of compliance with the requirements listed above. We reserve the right to reject any Customer or potential Customer.
You will not give Hock My Rock any false or misleading information. You will not send items to us that do not contain diamonds and/or precious metals. You will not send hazardous materials to us. You will not use Hock My Rock for any unlawful purpose, including money laundering. You will not impersonate any person or entity, or give false information to misrepresent your association with another person or entity.
Filling out the Estimate Form and Marketplace Form
Before you send your item to Hock My Rock for an official offer to sell, you can request an Estimate of what we might pay for your item. To receive this Estimate, you must accurately fill out the Estimate Form. To list an item for sale on the Marketplace (on the Shop page) you must accurately fill out the Marketplace Form, in which we will also send an Estimate to you of what we might pay for your item should you decide to sell directly to Hock My Rock.
For either form, if you have more than one item, you must fill out one Estimate Form or Marketplace Form for each item, unless selling more than one item as a set. If you do not know the answer to a question or correct information to complete the field you must select or enter “unknown.” Do not guess. If you do not have paperwork stating specific information about a diamond or item, then select or enter “unknown.” After submitting an Estimate Form we will attempt to contact you via email within one (1) business day with an estimated value.
If the Estimate Form or Marketplace Form contains any inaccurate, false or misleading information, and you then deliver an item to us that is inconsistent, in any significant respect, from the information on the Estimate Form or Marketplace Form, you will be required to reimburse the Company for the cost of shipping and insurance to us, and the cost of return shipping and insurance back to you. You will not receive your item back until you have paid the Company for these costs.
On both forms we ask that you upload photos, but only on the Marketplace Form is it mandatory that you upload clear photos of your item. If you fail to upload clear photos of your item we may choose not to list your item on the Marketplace. Also note, Hock My Rock reserves the right to crop or brighten any photo that you submit to appear on the Marketplace for the purpose of cropping out any background that does not include the item and brightening the photo if it appears dark. We may also black out or blur any personal information that appears on paperwork in a photo, but we will not be held accountable to do so. In no way we will edit or manipulate a photo outside of these stated guidelines.
Any Estimate that you receive from us is not binding in any way, and Hock My Rock will not be held accountable to pay any amount stated to you via the Estimate Email. Until we have physical possession of your item we are not able to give you a binding offer.
What We Authenticate
When we receive an item that was sold on the Marketplace, a gemologist will compare the details of the Seller's listing to the item in hand. The gemologist will authenticate the following when applicable: diamond type (natural or synthetic); determine if the diamond is clarity enhanced; center or main diamond shape, carat weight, color and clarity; metal type; size of ring; damage if any. Please note, diamonds and other fine stones are graded as mounting permits.
Authenticating exact details - If any of the following authentication properties are not exact or do not fall within the parameters listed by the Seller we will notify you: diamond type (natural or synthetic); clarity enhancement; center or main diamond shape, color and clarity; metal type.
Authenticating approximate details - If any of the following authentication properties are outside of the following stated parameters we will notify you: center or main diamond carat weight must be within .05 carats (graded as mounting permits); size of ring must be within 1/4 of the stated size.
Unknown information - If you purchase an item that is listed with unknown information, you are agreeing to purchase the item as is. For example, if the item is listed to have a center diamond that is unknown in color and clarity, during the authentication process we will not notify you to let you know the color and clarity of the diamond. The authentication process compares the item in hand to what is listed on the Marketplace. If you would like to have an appraisal detailing the item purchased with a value attached to it for insurance purposes, you may purchase one under the Boxes and Services section of our Shop page.
Normal wear and tear - All items sold on the Marketplace are pre-owned, unless otherwise noted, and there is a normal amount of wear and tear to be expected with pre-owned items. Signs of normal wear and tear include: small superficial scratches in the metal or stones, cracks in the stones that may or may not be visible to the naked eye, spots on the metal that is worn off if gold or platinum plated. If there are any signs of normal wear and tear that are not noted by the Seller, during authentication we will not notify you as this is to be expected.
Damage - Damage to the item falls outside of the normal wear and tear parameters. If there is any damage to the item that is not noted in the listing, we will notify you during authentication. Please note, if the damage to the item is listed, we will not notify you. The following are considered examples of damage: center or main stone has deep scratches or cracks; metal has any deep scratches or is bent; setting is damaged and it appears that a stone is loose enough to fall out.
Shipping for Sellers
Selling Directly to Hock My Rock: We offer three shipping options to best suit our Customers’ needs. Two of the options are free to you so long as the description of your item (whether in the Estimate Form or the Marketplace Form) is accurate in all material respects. When you receive an Estimate Email from us and decide to send your item in for an official offer, please choose one of the following shipping options:
1. Mail a box with prepaid postage to me. Free to you. Insurance up to $5,000. You will receive an envelope via the mail that will contain: a USPS Priority box or envelope, a prepaid shipping label, a pouch and shipping instructions. Securely package your item. Then, hand the package to your mail carrier, arrange for a pickup by calling your local post office, schedule a pickup online at usps.com or take your package to your local post office. You can track your package at usps.com and with this shipping option you will receive emails from USPS with updates of your package status each step of the way. Note: This option is only available for Customers residing within the United States.
2. Email a prepaid postage label to me. Free to you. Insurance up to $5,000. You will receive a prepaid USPS Priority shipping label via email, which you will need to print. You will need to obtain the appropriate free box/envelope by going to your local post office or ordering online at store.usps.com. Securely package your item. Then, hand your package to your mail carrier, arrange for a pickup by calling your local post office, schedule a pickup online at usps.com or take the package to your local post office. You can track your package at usps.com and with this shipping option you will receive emails from USPS with updates of your package status each step of the way. Note: This option is only available for Customers residing within the United States.
3. I will pay for my shipping and insurance. Select your own carrier and insurance. You can ship your item to Hock My Rock by choosing any mail carrier and insurance amount you would like at your expense. Instructions for shipping your item to us will be emailed to you. You must include the Item number we provide to you on the outside of your package, and you must notify us with the tracking information when you ship your item. If for any reason you choose not to accept our offer or there is no offer, you will also be responsible for the return shipping. Note: You must select this option if you are located outside of the United States.
Selling on the Marketplace: When an item you have listed on the Marketplace sells, you are responsible for shipping your item to Hock My Rock for authentication.
Returns for Sellers
Selling directly to Hock My Rock: If you chose to send your item to us for an official offer, and accept that offer, the sale is deemed final when you accept the offer in writing, not when payment is made. There are no buy-backs. If for any reason you decline the offer and decide not to sell to us, we will send your item back to you. See the following rules that apply for return shipping when selling directly to Hock My Rock:
Hock My Rock will cover the return shipping on your item if both of the following conditions are met: your item is as described on the Estimate or Marketplace Form, and our offer falls outside of the estimate parameters. Hock My Rock will NOT cover the return shipping if either of the following conditions applies: your item is not as described on the Estimate or Marketplace Form, or our offer falls within the estimate parameters.
If your item is not as described or our offer falls within the estimate parameters, and you would like your item shipped back to you, Hock My Rock will issue an invoice to you that will include the following: reimbursement of shipping costs Hock My Rock paid for you to send your item to us plus the cost of return shipping.
Selling on the Marketplace: If your item sells on the Marketplace, you will need to ship your item to us for authentication. See the following rules that apply for cancelling the sale and returns when selling on the Marketplace.
Cancelling the sale before it is made final - A sale is deemed final when the item has been authenticated and payment has been made to the Seller, whether or not the Seller has received payment. If you decide to cancel the sale before it has been made final, but after you have shipped it to us, you will be responsible for the return shipping. If a Buyer cancels the sale before it is made final, but after you have shipped it to us, you will not be responsible for the return shipping (unless you did not notify us that you shipped the item or if the item is not as described, see below.)
Item is not as described - During the authentication process, if we find that your item is not as you described on the Marketplace listing, we will notify both you and the Buyer. If the Buyer chooses not to continue with the sale, or if you and the Buyer cannot agree on a negotiated price, we will refund the Buyer and return your item to you at your cost.
Refunds after the sale is made final - Once a sale is deemed final and payment has been released to you, you will not be responsible for any returns or issuing any refunds to the Buyer, so long as you have complied with the Terms and Conditions. At this point, Hock My Rock will handle any returns with the Buyer. If the sale is made final, but you have not complied with the Terms and Conditions, you will be responsible for refunding all money received for the item, plus an additional 15% commission fee of the total sale of the item, plus return shipping of the item from the Buyer to Hock My Rock and shipping from Hock My Rock to you. You will not receive the initial 15% commission back for the initial sale if the item. We will issue and invoice to you for these fees and once all monies have been received, we will send your item back to you. Hock My Rock or any third-party Buyer will not be held liable for any loss or damage if a Customer who sells or attempts to sell an item on the Marketplace does not comply with the Terms and Conditions resulting in a return after the sale is final.
Shipping for Buyers
When you purchase an item on the Marketplace, you are responsible for the shipping costs as listed on the “Shipping and Returns for Buyers” page. Note, if the value of the item is more than $50,000 special shipping will be arranged. Purchases made within the United States will be shipped and insured via USPS mail. Purchases made outside of the United States will be shipped and insured via USPS or UPS.
Returns for Buyers
If at any time you decide you do not want the item you purchased on the Marketplace, you must notify us immediately in writing, including email. Please see cancellation and return rules below; depending on which step of the process the item is in, different rules apply.
Canceling a sale before the Seller ships: When you notify us, if the Seller has not yet shipped the item, we can cancel the sale and you will receive 100% of your money back.
Canceling a sale after the Seller ships: When you notify us, if the Seller has already shipped the item to us, you will be responsible for the Seller's shipping cost to Hock My Rock and the Seller’s return shipping according to the shipping costs listed on the “Shipping and Returns for Buyers” page. A partial refund will be issued for the total amount paid minus the Seller's shipping to Hock My Rock and the Seller’s return shipping. Please note, the shipping costs are calculated based on where the Seller lives, not where you live (ie: if you live in the United States but the Seller lives in Canada, you will be responsible for the shipping costs associated with Canada.)
Returns after the sale is final: A sale is deemed final when an item has been authenticated and payment has been released to the Seller. If for any reason you are not happy with the item you purchased on the Marketplace after the sale is final, you have five (5) days from the date of delivery to request a refund in writing, including email, and ship your item to us. You will be responsible for the return shipping to us. When we receive the returned item, we will open it under video surveillance and evaluate it to make sure that the item and its condition is exact in what was sent to you. Then, we will either issue a refund in the form of a store credit that will be good for 30 days or purchase the item from you for liquidation value and send payment to you via check or PayPal. Note: when evaluating the purchased item if we find that the item’s sales price is significantly inflated over that of a normal used or second-hand price from a private seller we will continue with the sale but will notify the buyer that we will not accept a return in the form of a store credit, but will only purchase the item for liquidation value should the buyer request a return.
Items that cannot be returned: The following is a list of items and services that cannot be returned or refunded: items that are outside of the five-day delivery period, shipping costs, jewelry boxes, jewelry pouches, cleaning, polishing, appraisal, diamond grading report, sizing, engraving or any other services of any kind. We will refund the cost of boxes if they have not been shipped to you or any services that have not been initiated because the sale was canceled.
Misuse of Prepaid Mailing Label
If you request that we send a prepaid shipping label to you, via mail or email, you must only use that mailing label to send the item that you described on the Estimate Form or Marketplace Form. If you attempt to use our prepaid mailing label to send items to someone else, the package will still be automatically sent to us. The fee for returning the package to you is thirty dollars ($30), which does not include shipping, insurance or extras, plus the shipping and insurance cost that Hock My Rock paid for the prepaid label. Hock My Rock will in its sole discretion choose the shipping carrier and method to return your item to you. Hock My Rock will issue an invoice to the Customer for any fees associated with misuse of a prepaid mailing label. Hock My Rock will not return the item to the Customer until the invoice is paid in full. Hock My Rock will not be held liable for any loss or damage if a Customer misuses the prepaid mailing label.
Packaging Your Item
You are responsible for packaging your item in a secure manner, for whichever shipping option you select. Should Hock My Rock receive a damaged or open package, we reserve the right to return the package to you without any liability. Hock My Rock reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package, which appears to be damaged, opened or tampered with in any way. Hock My Rock shall have no liability to any Customer for any such attempted delivery or return of any such items. Hock My Rock may open packages under video and will compare the item to the details received on the Estimate Form or Marketplace Form. Hock My Rock reserves the right to reject any submission that is not complete or that is inaccurately described in any significant respect. Hock My Rock will be deemed to have received your item when actually delivered to Hock My Rock. The Customer shall bear all risk of loss or damage while an item is in transit. Additionally, it is always the responsibility of the Customer to file any claims with the shipping carrier for any lost, damaged or undelivered items.
Appraisal and Authentication Process and Evaluation of Material
Upon receipt of an item, Hock My Rock will appraise and authenticate it. During the appraisal and authentication process it is sometimes necessary to remove a diamond or other precious stone. We will contact you and get your consent to remove a diamond or other precious stone before doing so. It may also be necessary to place certain acids on metals, or to scratch or scrape items in order to remove the top layer of material so that the testing apparatus can accurately determine the true grade or karat of the item in question. All such activity will be carried out by the Company in accordance with customary business practices in appraising secondhand jewelry.
You hereby acknowledge and agree that Hock My Rock is not liable for any damages caused during the appraisal process so long as Hock My Rock acts with reasonable care.
Offers When Selling Directly To Hock My Rock
When selling directly to Hock My Rock, once we receive your item, we will endeavor to make an offer (or state no offer) within two (2) business days. We will contact you via phone or email to give an offer on your item. Verbal offers may, at the discretion of Hock My Rock, be recorded. Only after a Customer makes a written acceptance of an offer by Hock My Rock will payment be issued.
Our offer will be valid for 24 hours, as the prices of diamonds, gold, and other precious metals change regularly. Once you accept the offer, which must be done in writing (including via email), your acceptance creates a legally binding and irrevocable contract for the purchase and sale of the item.
Payment on Accepted Offer When Selling Directly to Hock My Rock
When selling directly to Hock My Rock, if you accept our offer on your item, your payment will usually be processed within one (1) business day. Hock My Rock pays by check or PayPal, at your option. If you select to be paid by check, a check will be mailed to you via USPS first class mail. If you select to be paid via PayPal, you must provide the email address that is linked to your PayPal account. A transfer will be sent to you, usually within one (1) business day of receiving your PayPal information. If you accept the offer in writing but do not let us know which payment method you prefer, we will cut a check and mail it to you. Title to the item will pass to Hock My Rock upon your acceptance of our offer.
Rejection of Offer / No Offer When Selling Directly to Hock My Rock
When selling directly to Hock My Rock, in the event that you do not accept the offer made by Hock My Rock, you must notify us in writing (including email). Alternately, if Hock My Rock makes no offer on your item, we will endeavor to notify you via email within two (2) business days of receiving your item.
In either case, we will send your item back to you free of charge, so long as the item that you sent to us is accurate to the item you described via the Estimate Form or Marketplace Form and our offer falls outside of the estimate range that was given to you. We will endeavor to deliver the item to the carrier for return to you within two (2) business days, free of charge. We will choose the shipping carrier and method. If you would like to pay for additional insurance and/or shipping extras, you must notify us immediately. Hock My Rock will issue an invoice for the additional insurance and/or extras that you choose. We must receive payment within one (1) week or your item will be automatically returned to you by the method chosen by us.
If the Customer rejects an offer or we make no offer, and the item was not accurately described in all material respects on the Estimate Form or Marketplace Form or our offer falls within the estimate range that was given to you, the Customer will be responsible for the total cost to have their item shipped back to them as well as the cost originally paid by Hock My Rock to have the item shipped from you to us. Hock My Rock will issue an invoice for the total shipping costs based on our choice of shipping carrier and method. If you would like to pay for additional insurance and/or extras, you must notify us immediately and we will issue a corrected invoice. Hock My Rock will not return your item until we receive full payment of the invoice.
Offers From Buyers When Selling on the Marketplace
If you have an item listed for sale on the Marketplace, and a potential buyer makes an offer, we will notify you of the offer. If you accept the offer we will notify the potential buyer that their offer was accepted. Your item will be placed on sale at the accepted offer price for 48 hours in which the buyer can purchase the item. Note that offers are not binding for potential buyers. A potential buyer can make an offer and decide not to make a purchase. In this case, anyone else can purchase the item at the accepted offer price. If no purchase is made within 48 hours, the price of the item will return to its original listed sales price.
If a potential buyer makes an offer on your item and you reject the offer, the potential buyer will be notified of the rejected offer. If you receive an offer and you decide to make a counteroffer, we will notify the buyer of the counteroffer and they will be able to accept, reject or counter your counteroffer. Once you accept an offer you are bound to that offer price for 48 hours. You should not sell your item elsewhere or withdraw your acceptance.
You will only receive offers directly from us. You will never receive an offer directly from a third-party. Never correspond with or mail your item to anyone outside of Hock My Rock, PO Box 230448, New York, NY 10023.
Payment Made to Company
In any event that the Customer is issued an invoice by Hock My Rock for additional insurance, shipping extras, reimbursable shipping and insurance for an inaccurately described item, misuse of prepaid mailing label fee, returned item fee, or any other reason, payment will be due upon receipt and must be received by Company within one (1) week. If payment is not made on an invoice within thirty (30) days the Company reserves the right to classify the item associated with the unpaid invoice as lost property.
Hock My Rock accepts payment in the form of cashier’s check, money order, PayPal or credit card (Visa, MasterCard, American Express or Discover.) Please note that if you choose to make payment via PayPal, credit card or debit card there will be a two dollar ($2.00) processing fee added.
If for any reason Hock My Rock sends an item back to you and our return mail carrier is not able to return your item to you because it has been unable to obtain a signature, the carrier may leave an instruction card for you. If the package is returned to a local delivery office, it will need to be collected within a specific period of time noted by the carrier. If the package is not collected within this time, it may be returned to us. Also, if you have moved or provided an incorrect address the package may be returned to us
On our receipt of the returned item, we will contact you to arrange for the package to be resent. However, the Customer will be responsible for the cost of return shipping, insurance and any extras, even if the Company agreed to pay for the initial return shipping. Hock My Rock will issue an invoice for the total return shipping costs based on our choice of shipping carrier and method. Hock My Rock will not return the item until payment of the invoice is received. Hock My Rock is not liable for any items becoming damaged in transit.
You must include accurate contact information and the item number provided by the Company with any item you send to Hock My Rock. If you do not, we will not be able to contact you or identify you as the sender. If we are not able to contact or identify the sender (or if there are no communications for a period longer than thirty (30) days), then the item may be classified as lost property.
Hock My Rock will hold lost property for at least three (3) months in a secure area. A Customer who wishes to claim an item must fill out a Claim Form. The Customer will be required to provide a thorough and detailed description of the item before we will assign the item to that Customer. Once the Lost Property Claim has been confirmed, we will make a current offer. If after three (3) months no one has claimed the Lost Property, Hock My Rock may, but is not obligated to, mail a check for the offer price to the return address on the package whereupon the sale shall be deemed completed.
Lost or Damaged Items
In the event that your item is lost or damaged, you must submit a Claim Form, which is available upon request. A Customer who wishes to submit a claim to Hock My Rock should notify the Company promptly. Hock My Rock will assist you in investigating claims of loss due to mistakes or shipping delays.
In order for the claim to be processed, the Claim Form must be fully and accurately completed, signed and sent back to Hock My Rock in accordance with the Claim Form instructions. The Customer must submit any and all supporting documentation with the completed and signed Claim Form. Failure to properly complete, sign and mail the Claim Form with proof that the items were mailed to Hock My Rock may result in the denial of the claim by Hock My Rock.
If you chose the shipping option #3 “I will pay for my shipping” or if you shipped an item to us that sold on the Marketplace and mailed your item to us at your own expense, choosing your own carrier, we will check for any unidentified or lost property. If we have not received your item or package, you must submit a claim directly with the carrier that you used.
Risk of any item’s loss or damage will remain with the Customer from the time of delivery until actual receipt of the items by Hock My Rock. If for any reason the item is required to be returned to the Customer, risk of the item’s loss or damage will be with the Customer from the time Hock My Rock conveys the item to the carrier.
Limitation of Liability
This limitation of liability shall be binding on each and every Customer and any third party, including but not limited to, the Customer and the Customer’s successors, assigners, insurance carriers and any other individual or entity asserting any right or claim relating to the Customer’s transaction or attempted transaction with Hock My Rock. In no event shall Hock My Rock be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall Hock My Rock be liable to any third party, including any insurance carrier. Hock My Rock shall not be liable for any subrogation claim brought by the Customer’s insurance carrier, and by submitting an item to Hock My Rock, whether to sell directly to Hock My Rock or on the Marketplace, Customer expressly and specifically waives any such subrogation claim on his or her behalf as well as on the behalf of his or her insurance carrier.
The liability of Hock My Rock is and shall be expressly and specifically limited to the LESSER of the following sums:
1. The lowest value of the item(s) provided in the Estimate Email, or
2. The actual wholesale fair market value of the item(s).
The Customer acknowledges and agrees that the Company’s estimated wholesale fair market value of any item(s) inspected by it shall be conclusive and binding.
Hock My Rock shall not be liable to anyone for any special or indirect damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity. By sending any items to Hock My Rock, Customer explicitly and expressly accepts this limitation of liability.
You agree to indemnify and hold Hock My Rock, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of hockmyrock.com or any communication with Hock My Rock in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
We may request that you send certain information or confirmations to us via writing. Although email is the fastest and easiest, if for any reason you are not comfortable sending information to us via email and would rather send information to us via mail, please feel free to do so.
Your Consent To Receive Email Communications From Us
You hereby grant us the right, from time to time, at our discretion to send commercial, advertising or informational emails to your email address. You acknowledge that we may rely upon your usage of hockmyrock.com as your permission to send such emails to you. Furthermore, you grant us the right to continue to send such emails to you until you specifically notify us that you wish us to stop sending you such emails.
Choice of Law, Waiver, and Claims
The Terms and Conditions and any contract or offer for the purchase and sale of any item shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Hock My Rock’s 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 provision of hereof 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 provisions of the Terms and Conditions shall remain in full force and effect.
Any claim or cause of action arising out of or related to use of the services offered by Hock My Rock, or any contract or offer for the purchase and sale of any item, 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 the State of New York. Hock My Rock shall be entitled to reimbursement for any and all costs incurred by defending any civil action filed or attempted to be filed in any jurisdiction other than the State of New York, including but not limited to, attorney’s fees incurred by Hock My Rock.