Terms and Conditions
We offer services (the "Services") through which you can sell certain consumer electronic products (the "Products") after receiving an "initial quote" from us by identifying your Product and its condition and completing checkout on our website. You must agree to abide by the following terms in order to use the Services and/or our Website.
BY SETTING UP AN ACCOUNT, OR BY USING OUR WEB SITES, YOU SIGNIFY THAT YOU ARE 18 (eighteen years of age) OR OLDER, HAVE FULL CAPACITY TO CONTRACT, AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. We reserve the right to terminate or suspend your use of the Websites and/or the Services if you do not comply with this Agreement or any other policy or procedure, or for any other reason we determine, in our sole discretion.
These terms govern any initial quote that you receive to sell your Product to or through us. These terms, the terms that govern your use of the websites ("Websites"), the Services and any and all applications included therein, which terms are located on our Website, the terms of our privacy disclosures located on the Website and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and us (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" refers to an individual or entity exercising rights under this Agreement, and the term "we" or "us" refers to our company and its affiliates and subsidiaries.
1. Requirements. In order to complete the sale of your Product to or through us or to complete any other transaction with us, you must: (i) create an account with us; (ii) provide true, up-to-date, and accurate account information about yourself and any Product you submit to us; (iii) comply with all terms and conditions of this Agreement; (iv) comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) transact on behalf of yourself and not on behalf of others; and (vi) have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us. In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. We shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from us and we are not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up-to-date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
2. Product Eligibility. We determine, in our sole discretion, which Products are eligible for purchase by or through the Services and for which eligible Products we will provide an initial or subsequent quote. We may terminate the eligibility of certain Products at any time and without advanced notice.
3. A. Initial Quotes Presented on Website. All such initial quotes are qualified and pending our evaluation of your laptop, smartphone, tablet PC, or any other electronic device (hereinafter referred to as "device"). No binding quote is made until we have had a chance to inspect the device that you send to us. We reserve the right to refuse to purchase any item that you send us for any reason we deem, in our sole discretion, to be sensible. You must send us your device within the time period stated herein. All amounts are paid by PayPal transfer or by company check and mailed to the address you provide to us during the initial quote process, per your designation. This usually takes five (5) business days from the date on which your device arrives and is inspected at our facility unless we need to speak to you directly about the quote we wish to make. We require prompt receipt of your device and we expedite this process of our inspection and processing of payment pursuant thereto as necessary to conform with objective conditions of fluctuating market prices, continuous changes in supply, and demand governing our ability to pay up to a certain amount. The timeframes set forth below are deemed necessary by these dictates of our business and you are acknowledging your understanding thereof and agreement thereto each by requesting the prepaid shipping materials and sending us your device as the result of accepting these terms on the checkout page.
B. You agree to ship your device within seven (7) days of receiving the protective packaging. Delay in shipping may negatively affect the determination of value of the device. We determine the value of your device based on our systematic analysis of such devices and the current marketplace. Many factors are taken into consideration, such as the age of the device, the manufacturer and model of the device, the wear and tear apparent on the device, whether the device is usable and or intact in nature, and other elements that would affect its resale value or costs of repair to the device. If we decide to purchase your device whether at the initial quote or a lower quote, we immediately send out an email with the amount of payment based on the assessment. Your rights as to such payment are governed in paragraphs E and F, below. If we decide not to purchase the device, you will be given the option of allowing us to recycle the device in which case you will not receive any payment for the device. You must appropriately package the device you send us in order to protect it from harm during the shipping process. If you fail to appropriately package the device prior to sending it you are solely responsible for any harm that comes to the device.
C. (a) Sending Your Item to Us. You are solely responsible for the risk of loss or damage of/to your property while it is being shipped to us and while it is shipped from us to you, should we return the item to you. We are responsible for risk-of-loss when we open the packaging containing your Product and ceases in the event we return your Product to you for any reason. For the avoidance of doubt, in such event, risk-of-loss will be transferred to you once we deliver the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
D. (b) Data Removal. We will endeavor to remove any data upon your hard drive or other media storage of your device and may reformat the drive in order to do so. However, we cannot guarantee that all personally identifiable data or other sensitive or security-related information will be removed from your drive or other memory devices by us. Accordingly, you should remove any such information from your device before you send it to us. You agree to hold us harmless and indemnify us from any loss or injury resulting from your failure and our failure to remove such information prior to reselling or recycling the device that you send. We are not responsible for any loss suffered by you due to any data that is not erased from the device and becomes available to any third party subsequent to our final disposition of your device. Remember to make all necessary backups or transfers of data from your device before you send it if you wish to keep or reuse any data that is stored on your device.
E. Should you be given an initial quote via our Website AND we, upon inspection of your device, agree to pay you that amount, you are legally and contractually bound to sell us such device for the price initially quoted via the Website once you have shipped the device to us.
F. Should we, upon inspection of your device, decide to quote you a lower price than originally initially quoted, we will email you notice of such amount and you will have five (5) days to either accept or reject that new lower price. The five days begins upon inspection of your device and our emailing you notice of intended payment either pursuant to the original initial quote or such value as we determine in our sole discretion. If you reject any subsequent quote prior to the elapsing of this five-day period, we will return your device to you within five days thereafter. If you fail to either accept or reject the new quote within the five days or IF WE ARE UNABLE TO CONTACT YOU AND YOU FAIL TO CONTACT OUR PURCHASING DEPARTMENT BY PHONE WITHIN THESE FIVE DAYS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE NEW QUOTE/PAYMENT AND WE WILL HAVE PURCHASED YOUR DEVICE FOR THAT PRICE and paid for pursuant to the terms of this agreement. It is your responsibility to be available to receive a call or an email for the purposes of our contacting you to notify you of such new quote. In all cases where you request the return of your device by speaking to Purchasing Department over the phone and within the five (5) days set forth above, such device will be returned free of charge.
G. Electronic Notices and Transactions. You agree to transact with us electronically, without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize us to provide you with terms and important notices about our company and your transactions via an email address you provide to us, or by posting notices on an applicable page (or My Account area) on our Website. It is your duty to keep your email address accurate and up-to-date, to maintain a valid email address, and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Websites.
H. Product Inspection; Quote Recalculation. Your Product must be received by us within ten (10) days after you accept the original quote provided by us and complete the checkout process on the Website (the "Delivery Period") or the quote shall automatically expire. Packing and shipping recommendations provided to you by us should be followed in order to avoid possible damage to or loss of the Product in transit. We will inspect all Products that are received. We have the option to accept or reject the Product, including, without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If we reject the Product for any of these reasons, the initial quote automatically expires and is rescinded. We reserve the right to revoke the initial quote and provide a revised quote for the Product or return your device if: (a) the Product and/or materials are not as described, (b) the Product is received by us after the Delivery Period, (c) we receive Product(s) that are different from those identified when your quote was calculated, (d) market conditions have changed, or (e) for any reason we determine is necessary.
I. Recalculated Product Quotes after Inspection. In the event we recalculate the initial quote provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new such quote. If you accept the new quote, you will be paid in normal course and in accordance with these service terms. If you reject the new quote, we will return the Product to you at the address from which it was originally sent. We will give you a period of five (5) days after we have presented you with a recalculated quote via email at the address you provided to accept or reject the new quote (the "New Quote Period"). However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the initial quote and/or any new quote pursuant to these terms and conditions is final and you may not change your mind later about accepting such quote price.
J. Updating your information and email communication preferences. We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us, please let us know by calling us FREE at (775) 954-1104 or by sending us an email. Please note that sometimes these requests may take up to 1-2 weeks to be effective. In addition, when you sell your electronics to us online, we may need to contact you via phone, email or mail to address questions or issues specific to your order, or with a promotional offer. If you would like to opt out of any further communication after completion of the principal transaction(s), please use the opt out link in the email message sent to you, or contact us via email including your email address, full name, and specifically what information you do not want to be receiving from us in the future. If you would like to update or correct your email address, street address, or any other personal information with us please contact us either by phone or email.
K. Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to us and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "broken" condition). The Products and the sale and shipment of such items to us: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Services, you agree to indemnify us from all claims or losses sustained by us as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, internet and/or any similar service on your Product prior to selling it to us. We are not responsible for any service charges related to your Product, whether you incur such charges before, during, or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
L. Lawful Sales Only. By agreeing to these terms and conditions and by shipping your device to us, you certify that you are the legal owner of the device that you send. You must own the right, title and all legal interest in the device you send us. Your sale and or shipment of any such item must not violate any law, regulation, or statute of any jurisdiction. You may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, software, license, or other legal right or restriction via your shipping or selling of the shipped item. The item you ship must be free of all legal restrictions that would affect the value of the item, or restrict your legal right to transfer ownership of the item (including the item itself, software present on the item, or hardware on or inside the item). You must refrain from violating any export laws or restrictions. The item you send (including all related materials, software and add-on hardware) may not be counterfeited, stolen, or contain harmful or offensive content of any nature. You agree to hold us harmless and indemnify us from any and all loss of any nature, including fees, costs, judgments, liens, and reasonable attorney's fees, arising from any threatened or actual legal action should you violate this term and condition of this Agreement.
M. Failure to Return Product or Contents Thereto. Under certain limited circumstances, at no fault of ours, we may not be able to return your item and you agree to hold us harmless from any loss regarding our failure, when outside of our control, to return your device to you. We will never under any circumstance duplicate or return any software or data contained on your device.
N. Passing of Title. Legal title of your device passes to us when we agree to pay you the initial quote amount as shown on our website, you agree to accept a lower quote that we make to you, or we send you notice of a new quote and you do not call us within five (5) days requesting the return of your device or to have us recycle such device. All payments are sent as established by our normal course of business. If we do not agree to accept your Product by way of purchase or as a machine to be recycled, then title does not pass to us. Title for all devices accepted for recycling passes to us when you agree to allow the device to be recycled. All decisions about whether or not we purchase your device and for what dollar amount are final. Any quote to purchase your device that we make expires if not accepted by you in a timely manner, as described herein. At any time we may decide, without prior notice, to discontinue purchasing any particular or all items.
O. Errors. Should we make a material error in any representation of facts, information or offers to you, your sole recourse is to request the return of the item that you have sent to us. Your ability to request the return of the item elapses five (5) days after your receipt of our email notifying you of the amount of the quote. In the event that you elect to cancel the transaction prior to the elapsing of the five days, we will return the item to you upon your request.
P. Non-Transferable. Any quote by us for your Product is non- transferable and not redeemable for any other consideration other than what is offered by us.
Q. Promotions. From time to time, and at our sole discretion, we may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. We reserve the right, in our sole discretion, to cancel or refuse any promotions.
R. Accuracy of All Information. We make every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing, or other errors or omissions. As such, we reserve the right, at any time prior to payment, to (a) correct an error, or (b) change the terms.
T. Access. You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Websites and the Services, including all devices, internet browsers and internet access. If you access the Website and the Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging, and other wireless access or communications services.
U. Use of Services. By using the Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by us; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Websites.
V. No Warranties. WE PROVIDE THE SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH US WILL MEET YOUR REQUIREMENTS.
W. Limited Liability. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH US UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
X. Indemnity. You agree to indemnify, defend, and hold the company including its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors, and distributors, harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Y. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Z. Correction of Errors and Inaccuracies. The Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
AA. Modification. We reserve the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Websites and/or the Services. Your continued use of any Website and/or Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to us, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Websites and/or the Services. The Agreement is and will be located on the website. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email our webmaster.
General Terms and Conditions
THESE TERMS AND CONDITIONS ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, NEVADA LAW, AND NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CHECKING THE BOX STATING "I AGREE TO THE TERMS AND CONDITIONS" AND THEREAFTER CLICKING ON "SELL NOW," YOU ARE AUTHORIZING THIS TRANSACTION PURSUANT TO ALL SUCH TERMS AND CONDITIONS. CHECKING THE BOX "I AGREE" FURTHER ACKNOWLEDGES YOUR AGREEMENT THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN RENO, NEVADA 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 THESE TERMS AND CONDITIONS.
This Agreement constitutes the entire agreement between the parties. Captions are used only as a matter of convenience and have no legal import. No waiver by us regarding any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. Our website or other publications and communications may contain errors. We reserve the right to correct any errors in writing or orally with you. We strive to make every transaction fast and easy! Should you have any questions regarding these terms and conditions, please do not hesitate to call us at (775) 954-1104 or email using the Contact Us page.
Revision Date: 04/09/2015