SmartphoneTradeIn.com provides an online website for consumers, businesses, and organizations (hereinafter “SELLER”) to sell their retired cell phones, smartphones, iPads, and iPods (hereinafter “PRODUCT”). The use of SmartphoneTradeIn.com is governed by the terms and conditions set forth in this User Agreement (hereinafter “AGREEMENT”). Your use of this site and/or placement of a transaction indicates your acceptance of the terms and conditions set forth in this AGREEMENT.
ELIGIBILITY TO CONTRACT
SmartphoneTradeIn.com is only available to SELLER(s) who can form legally binding contracts under applicable law.
SELLER must be the sole and rightful owner of the PRODUCT, and all PRODUCT must be free of any liens and/or claims by any third party. If PRODUCT is determined to be lost or stolen, SELLER will not receive any compensation for the PRODUCT. SELLER agrees to transfer all title and interest in the PRODUCT to SmartphoneTradeIn.com upon the receipt of PRODUCT at the SmartphoneTradeIn.com / GRC Wireless, Inc. facility in Hollywood, Florida.
The final trade-in value SELLER shall receive (hereinafter “TRADE-IN VALUE”) is a factor of PRODUCT condition at the time of receipt and inspection by SmartphoneTradeIn.com.
To receive the “good condition” price, PRODUCT must be in good condition, with minimal signs of wear. PRODUCT must power up & make a test call, have no water damage, have a functioning LCD screen, unbroken housing, a valid ESN, and an attached battery. Once PRODUCT is designated for “good condition” price (with forthcoming payment), PRODUCT will not be returned to SELLER.
If PRODUCT does not meet the requirements for “good condition”, PRODUCT will be graded as “DAMAGED”, and the lower “damaged” TRADE-IN VALUE applies.
If PRODUCT does not meet the requirement of “good condition” price, SmartphoneTradeIn.com will contact SELLER one (1) time via the email. SELLER may elect to receive to receive the lower TRADE-IN VALUE, or SmartphoneTradeIn.com will return PRODUCT to SELLER at no cost to SELLER, subject to the NON COMPLIANT PRODUCT provision below. SELLER has seven (7) calendar days to respond to email, after which PRODUCT will be processed by SmartphoneTradeIn.com. After this seven (7) calendar day period expires, PRODUCT will not be returned to SELLER.
The TRADE-IN VALUE is guaranteed for 30 calendar days from the date printed on the packing slip. If the PRODUCT is received after the 30 day period, the TRADE-IN VALUE will be revised to the current price (hereinafter “CURRENT PRICE”). If PRODUCT is received after the 30 calendar day period, and the PRODUCT is graded to receive the current “good price”, the PRODUCT will not be returned to SELLER.
If PRODUCT is missing a battery or battery back, the TRADE-IN VALUE may be reduced by a specified amount. Any accessories, chargers and/or earpieces included with PRODUCT, will not yield extra value.
If PRODUCT is returned to SELLER, SmartphoneTradeIn.com will put forth reasonable effort to return any accessories, memory cards, SIM cards, or collateral material (hereinafter “COLLATERAL ITEMS”) included in original shipment. However, SmartphoneTradeIn.com cannot guarantee that all COLLATERAL ITEMS will be returned to SELLER, and will not be responsible for any missing, damaged or broken COLLATERAL ITEMS. Similarly, SmartphoneTradeIn.com will put forth reasonable effort to ensure that PRODUCT will not be damaged at any point in our inspection or return process. SmartphoneTradeIn.com will not be responsible for any damage to PRODUCT during the inspection or return process. Furthermore, SmartphoneTradeIn.com will not be responsible for loss of PRODUCT during return shipment to SELLER.
NON COMPLIANT PRODUCT
If PRODUCT is received in any of the following conditions:
1) The ESN (Electronic Serial Number) or IMEI (International Mobile Equipment Identity) is reported as lost or stolen, or
2) The ESN (Electronic Serial Number) or IMEI (International Mobile Equipment Identity) is reported to be on a “payment plan” or carrier installment contract, or
3) Apple IOS PRODUCT is received with an activation lock (“Find My iPhone” is turned on, and cannot be remotely deactivated by SELLER), or
4) Android PRODUCT is received with a Google Lock, or
5) The PRODUCT received is different than the PRODUCT stated on the packing slip,
the TRADE-IN VALUE will be reduced to zero. If SELLER wishes to have product returned, SELLER will be required to pay a $15 RETURN FEE. This fee covers the cost of inbound postage, outbound postage, and processing cost.
SmartphoneTradeIn.com offers free FedEx Ground Shipping. SELLER expressly acknowledges that all shipments using SmartphoneTradeIn.com’s FedEx Ground Shipping Service are not insured. SmartphoneTradeIn.com will not be liable for any damages or loss of shipment during shipping. SELLER retains title to the PRODUCT until the receipt (evidence by receipt signature) of PRODUCT by SELLER at the SmartphoneTradeIn.com facility in Hollywood, Florida.
If SELLER is interested in arranging shipping of PRODUCT, at SELLER’s expense, please email us for directions at email@example.com.
It is the responsibility of the SELLER to discontinue service on PRODUCT sold to SmartphoneTradeIn.com before initiating a transaction. SmartphoneTradeIn.com is not responsible for previous or subsequent airtime charges accrued prior, during, or after any transaction. Should any airtime charges be accrued, it is the responsibility of the SELLER and service provider to resolve payment issues.
SmartphoneTradeIn.com will report to the proper authorities and if required, surrender to the proper authorities any PRODUCT that has stored on it illegal data, including but not limited to child pornography and any evidence of illegal activity.
SmartphoneTradeIn.com recommends that SELLER remove all personal data from PRODUCT, including but not limited to address book entries, text messages, pictures, and emails. Additionally, we recommend that SELLER remove any SIM Cards and memory cards. SmartphoneTradein.com’s standard practice is to factory reset PRODUCT; however SmartphoneTradein.com does not guarantee that it will erase data in PRODUCT.
SELLER expressly acknowledges that the factory reset process may not include the removal of an activation lock (e.g. Apple iCloud lock or Google lock.) SELLER acknowledges that SmartphoneTradein.com may sell or transfer PRODUCT containing an activation lock.
SELLER agrees to release SmartphoneTradein.com from any claim as to the data stored in PRODUCT, or data stored in SIM cards or media cards used with the PRODUCT, or for such data’s security, confidentiality, disclosure or use. SmartphoneTradein.com is not responsible for a) any loss suffered by SELLER due to any data that is not erased or removed from PRODUCT, or (b) any loss of data after SELLER submitted the PRODUCT to SmartphoneTradein.com
RIGHT TO CANCEL
SmartphoneTradeIn.com may void any transaction at any time during the trade-in process. If SmartphoneTradeIn.com elects to void a transaction, the PRODUCT will be RETURNED to SELLER.
LIMITATION ON LIABILITY
Seller agrees that SmartphoneTradeIn.com, GRC Wireless Inc, their affiliates and partners, will not have any liability to SELLER in excess of the TRADE-IN VALUE assigned to the PRODUCT. In no way will SmartphoneTradeIn.com, GRC Wireless Inc, their affiliates and partners be liable for any indirect, consequential, punitive, incidental, special, or exemplary damages, whether foreseeable or unforeseeable, even if SmartphoneTradeIn.com was advised of the possibility of such damages arising out of this AGREEMENT and seller use of SmartphoneTradeIn.com.
SELLER hereby agrees to indemnify and hold harmless SmartphoneTradeIn.com against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any intentional, reckless, or negligent act or omission of SELLER in the use of SmartphoneTradeIn.com.
SmartphoneTradeIn.com may amend this agreement at any time without notice. Any amendments will be posted to this website, and will be effective immediately after they are posted.
SUSPENSION AND TERMINATION
SmartphoneTradeIn.com may temporarily suspend, indefinitely suspend or terminate SELLER use of SmartphoneTradeIn.com if Seller: (i) breaches this Agreement, (ii) provides us with false information or we are unable to authenticate any information provided, or (iii) infringes the intellectual property rights of others.
Your use of SmartphoneTradeIn.com may be terminated or suspended by us if you do not comply with this Agreement, our policies and procedures, or for any other reason we determine, in our sole discretion, is necessary.
COMMUNICATION & EMAILS
SmartphoneTradeIn.com will send periodic emails to Seller. Seller agrees to receive such emails, although Seller may “opt out” of emails at anytime through the “unsubscribe” option on the email. SmartphoneTradeIn.com will not sell or disseminate Seller emails to any third party company or organization.
SELLER and SmartphoneTradeIn.com will operate under this Agreement as independent contractors, and the relationship in no way constitutes or gives rise to a partnership, joint venture, or agency relationship between the parties.
This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof.