The terms "we," "us" and "Company" refer to Cellular Wings, LLC the company owner of SellandRecycle.com. In this document, the user is referred to as the seller and in this case will offer to sell to SellandRecycle.com a product after receiving an online "quote" from SellandRecycle.com. By using SellandRecycle.com you agree to the terms and conditions set within this agreement. Additional terms and disclosures will apply to the use of the site, privacy policies, specific pages of this site, or particular content and/or sales processes are posted in areas of the site and, combined with the Service Agreement, administer your use of those areas, content, or transactions. These terms, together with applicable additional terms and conditions, are terms of a legal agreement between you and Cellular Wings LLC, and are referred to herein as the "Service Agreement."
1.Party Responsibility. All sales and transactions conducted on this site are the responsibility of SellandRecycle.com and it's visitors.
2.Product Qualification. SellandRecycle.com reserves the right to offer quotes on products only listed on SellandRecycle.com. Any product not listed within the site, may not have market value due to its age. Please inquire to find out if a specific product can be sold.
3.Product Appraisal Model; Product Recycling. All quotes will be determined based on SellandRecycle.com's own assessed value of a product based upon the information provided by you the seller. SellandRecycle.com determines the product value through an algorithm utilizing market value, product age and condition, model, and functioning level. You have the option of selling your product to SellandRecycle.com after receiving a quote. If SellandRecycle.com determines the product has no monetary value, you may issue the product to SellandRecycle.com to recycle the product.
4.Sending SellandRecycle.com Your Product. When preparing your product for shipment, be sure to include all materials that were calculated in the quote including all items that came with your product or others you may have purchased for it. This may include software, accessories, adapters, manuals, and original box. Failure to include any items disclosed in the quote or by sending a different product other than what was appraised may impact the final value of your product and revised quote.
5.Restoring Product to Manufacturer Default. For any products or devices with personal data stored on hard drives, memory chips, etc., SellandRecycle.com will make the best effort to remove all data from your product; however will not make any guarantee. It is in your best interest to back up data and erase all data therefore restoring back to manufacturers default before shipping. By sending SellandRecycle.com your product, you agree to, upon its acceptance by SellandRecycle.com, release us from any claim as to the product, the data stored in the product, or any information on any media used in conjunction with the product and which you send to SellandRecycle.com, or for such data's security, integrity, confidentiality, disclosure or use. SellandRecycle.com is not responsible for any loss suffered by you due to any data that is not erased from the device and transferred to a third party.
6.Product Inspection; Quote Recalculation All Products are inspected upon receipt by SellandRecycle.com. SellandRecycle.com has reserved the right to accept or deny the product. SellandRecycle.com may reappraise the product differently from the original quote. If the product is sent in a timely manner (within 30 days), and the product is sent with all items described when issued a quote, then SellandRecycle.com will honor all quotes made for your product. Packing and shipping recommendations should be followed in order to avoid possible damage or loss, which may also affect the quote. In the event SellandRecycle.com reappraises the quote, you have the option of accepting or rejecting the new quote. If you choose to accept the new quote, your payment will be issued in the standard course and in accordance with these service terms. If you choose to reject the new quote, SellandRecycle.com will return the product to address shipped from. SellandRecycle.com will notify you immediately upon reappraisal and issue five business days from the day from when SellandRecycle.com reappraises the quote – to accept or reject the new quote. SellandRecycle.com will also remind you of the outstanding new quote on numerous occasions thereafter if no response is received. Nevertheless, if the new quote is neither accepted nor rejected after the five business days, SellandRecycle.com will assume acceptance of the new quote, and you will be paid the new quote in normal fashion in accordance with these service terms.
7.Condition Defined. SellandRecycle.com uses a tier system of four quality grades for product condition ranging from "Excellent" to "Poor." Conditions can vary widely between categories and types of products. Broadly, SellandRecycle.com's product definitions are as follows:
1. Like New: the item is in condition closest to the manufacturer's product with no scratches, blemishes, markings, discoloration, scuffs, or signs of use.
2. Good: the item has evidence of normal use, such as light scratches, but is otherwise completely functional.
3. Fair: item functions adequately but has noticeable scratches and/or dents.
4. Poor: the item has numerous physical or functional issues such as a cracked body, damaged display, missing or broken parts, dents, deep scratches, blemishes, discoloration, personalization(s), etc.
The above definitions are broad guidelines. More specific condition definitions – specific to the category and/or type of product – are included on the website and serve as the effective condition definition for that product. Condition definitions are subject to change at SellandRecycle.com's discretion.
8.Fitness for Sale. You must own the right, title, and interest in any and all items you seek to sell to SellandRecycle.com. Such items, or the sale and shipment of such items, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. Any items you seek to sell through the site using SellandRecycle.com's services: (1) shall not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), (2) 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 SellandRecycle.com service, you agree to indemnify SellandRecycle.com from all claims or losses sustained by SellandRecycle.com as a result of any breach of this warranty.
9.Releasing Rights to Product. Once you send SellandRecycle.com your product, SellandRecycle.com cannot and does not guarantee that it will be able to honor any request for return of the product and/or any data or information contained in said product
10.Risk–Of–Loss. You remain responsible for the risk–of–loss for the products until delivery of the same to SellandRecycle.com. You are responsible for any damages that may occur to your product while in transit. Risk–of–Loss only passes to SellandRecycle.com upon SellandRecycle.com's opening of the packaging in which the Product was sent by you. If SellandRecycle.com denies your offer to purchase your product, risk–of loss will be transferred to you at point of return delivery to you by SellandRecycle.com, provided, pursuant to these terms and conditions you request the return of the product.
11.Passing of Title; All Decisions Are Final. Title of the product passes to SellandRecycle.com upon the product's acceptance following inspection at the designated SellandRecycle.com "Ship To" location. If SellandRecycle.com does not accept the product, for whatever reason, title shall not pass and shall remain with you. All decisions of acceptance or denial of your offer to use The Service or SellandRecycle.com's purchasing the Product by SellandRecycle.com are final.
12.Non–Transferable. This offer is non–transferable, not redeemable for any other consideration other than what is quoted by SellandRecycle.com, and upon your receipt of the Purchase Price, in whatever form sent, it is non–refundable. Prices offered by SellandRecycle.com are subject to, and will, change without notice; SellandRecycle.com will terminate offerings on certain Products at any time and without advanced notice.
13.Promotions. From time to time, and at SellandRecycle.com's sole discretion, SellandRecycle.com 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, per transaction; and other limitations and restrictions. Unless otherwise stated, promotions must be applied at the point of the transaction. SellandRecycle.com reserves the right, in its sole discretion, to cancel or refuse promotions.
14.Accuracy of all Information. SellandRecycle.com makes every effort to ensure the accuracy of all information that you receive in relation to your product. In the event of typographical errors, technical inaccuracies, or product pricing errors or omissions, SellandRecycle.com reserves the right to correct the error at any point of the process. If SellandRecycle.com corrects the error, SellandRecycle.com will provide you with the following options: (1) to proceed with the transaction based on the corrected information; or (2) to cancel your transaction, in which case SellandRecycle.com will promptly return the product back to you.
- 1. Entire Agreement/No Waiver. These Terms of Service constitute 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 SellandRecycle.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- 2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SellandRecycle.com therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SellandRecycle.com does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- 3. Modification. SellandRecycle.com reserves the right to modify this Agreement at any time without giving you prior notice. Your use of The Service and following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
- 4. THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS LAW, AND NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS, 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.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email info@SellandRecycle.com.com.
Last Update: April 16, 2010