Please read these terms and conditions
carefully before submitting your sell order from our site. You should
understand that by submitting an order, you agree to be bound by these terms
and conditions and our terms of use.
You should print and keep a
copy of these terms and conditions and the terms of use for future reference.
Our site (MonsterBuyBack.com) is only intended for
use by people registered with us and resident in USA. At our complete
discretion we may accept or reject orders from people outside of these
territories.
Your contract with us will be
formed when we receive your sell order. It will incorporate these terms and
conditions and our terms of use. Please click on the "How It Works"
page for more information.
You must own all rights, title
and interests in any phone(s) that you send to us.
Ownership of the phone(s) will
pass to us when we receive the phones, in accordance with these terms and
conditions, and we have dispatched payment to you, when, hence, a contract will
be formed.
The contract between you and us
is binding on you and us and on our respective successors and assigns.
You may not transfer, assign,
charge or otherwise dispose of a contract, or any of your rights or obligations
arising under it, without our prior written consent.
We may transfer, assign,
charge, sub-contract or otherwise dispose of a contract, or any of our rights
or obligations arising under it, at any time during the term of the contract.
You may cancel the contract
with us at any time up to the time when you send us the phone
("cooling-off period"), providing:
·
the contract was negotiated and concluded exclusively by means
of distance communication (including, but not limited to, telephone, letter,
fax or email); and
·
you are a natural person acting outside the purposes of any
business.
When cancelling during the
cooling-off period, you need not give us any reason for cancelling the
contract, nor will you have to pay any administration charges.
To cancel the contract you must
notify us in writing.
Other than if the phone does
not meet our terms and conditions (see below), this contract cannot be
cancelled after you have sent your phone(s) to us (outside the "cooling-off
period").
PLEASE
ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR
RIGHTS TO DO SO.
By placing an order through our
site, you warrant that:
·
You are resident in USA; and
·
You are accessing our site from that country; and
·
You are legally capable of entering into a binding contract; and
·
You are at least 18 years old; or
·
If you are under 18 years of age, that you have obtained your
parent's or guardian's consent to sell your phone to us for the sum indicated
via our website.
You and your parents or
guardians release us of any liabilities or claims that may arise if you send
the phone to us in breach of this warranty.
If you deal as a consumer any
provision of this contract which is of no effect to a consumer shall not apply.
Your statutory rights are not affected by this contract.
For the purposes of these terms
and conditions, "consumer" means an individual who neither makes this
contract in the course of a business, nor holds himself out as doing so.
By placing an order through our
site, you warrant that:
·
You are authorized to act on behalf of the registered business;
and
·
You are based in USA; and
·
You are accessing our site from that country; and
·
You are legally capable of entering into a binding contract.
Each mobile phone or device
sold should match the make and model in the sale order and meet the following
conditions:
Working
Each device should:
·
Turn on and off (with
all buttons working)
·
Be fully functional* (cosmetic
wear and tear is acceptable)
·
Have a fully working operating
system (software)
·
Have a working screen (without
cracks, pixel damage or defects)
·
Have a working touch screen (without
cracks or chips)
·
Have no damage to rear glass or
camera lens (no cracks or chips)
·
Not have bent housing
·
Include its battery (and
charger if it's a wearable)
·
Not be water-damaged (water
indicators must not be red)
*All features such as Making
calls, Wi-Fi, Camera, Video, etc must work.
Faulty
Each device should:
·
Include its battery (you
can keep memory card, charger, etc)
·
Be intact - not crushed, bent
or snapped in half
·
Not have any missing parts or
components
Faulty
examples: Water damaged, Broken/bleeding LCD
(screen), blank display, no power up, faulty/cracked touch screen, faulty
operating system, etc
All devices must not be
activation locked and must be deregistered from any associated accounts. All phones
and devices must be on a North American network or not locked. Phones or devices locked
to a foreign network will not be accepted.
By submitting an order through
our site you warrant that the phone(s) comply with these terms.
If a phone fails to meet our
terms and conditions we'll propose an adjusted price by email. If you choose to
decline our new offer, we are happy to return the phone. We have the final
decision on all phone values. Adjusted orders will be automatically processed
for payment if you do not reply to our proposed offer email within our stated timeframes. (7 Business Days)
Please remember that by sending
your device to us, you agree to release us from all and any claims, losses or
damages with respect to the device, any data stored or contained therein or on
any media used in conjunction with the device (whether in the form of personal
details, SMS, photos, games, songs or other data ("Data")). We accept
no responsibility in relation to the security, protection, confidentiality or
use of such data and it is your responsibility to ensure so far as practicable
that Data is removed from the device prior to you sending it to us.
Although in our experience the
risk of Data left on your device being accessed by us or by any third party to
whom we subsequently sell the device are very low, we draw to your attention
the following points which will help you decide whether to accept the risk of
selling us a device which may contain accessible Data.
If your device is functional,
we strongly advise that you delete all personal data from the device prior to
sending it to us.
If your device is
non-functional and has a "remote wipe" function, then we strongly
advise that you attempt wiping the device prior to sending it to us. If you need help in removing your iCloud please include that request in a follow up email to [email protected] In the subject line include your order number.
If your non-functional device
cannot be data wiped but has a PIN lock (a password or combination which needs
to be entered to access the phone when switched on) then this will block third
party access and mean that anyone repairing the device will be required to
return the phone to its factory settings, in the process wiping the Data held
on the device.
Please note it may not be
possible to delete Data directly from a non-functioning device. If you send us
a non-functioning device you are therefore accepting the risk that it may still
contain Data which may be accessible to any person who repairs the phone. This
may include third parties to whom we have sold the device for spare parts.
Please note that while we take data erasure very serious and do so whenever possible (as
stated above) we do not accept any liability in respect of the security,
protection, confidentiality or use of Data included on any device, as a matter
of practice we do not transfer any device to any third party except on terms
which require them to wipe that Data.
You are responsible for
cancelling any airtime contract linked to each device. We are not responsible
for any call costs arising before, or after, receipt of your device, or arising
from any other circumstances whatsoever.
Please ensure you remove your
SIM card before sending us your device. We accept no liability in the event
that a SIM card is sent with a device and charges are then incurred. You shall
continue to be responsible for such charges. Any SIM cards received by us are
non-returnable.
Selling a mobile phone or
device which you do not own may amount to a criminal offence. We support and
adhere to the 'Stop Stolen Mobiles Being Recycled' code of practice set by the
Home Office and the National Mobile Phone Crime Unit.
Prices offered on our website
are subject to change at any time without notice.
All prices include any applicable tax.
When your order has been
placed, the prices quoted are guaranteed for 14 days from the 'Order Approved'
date. (This is the date on which we send you a confirmation letter and prepaid label.) If your phones are received after 14 days from the 'Order Approved' date,
the up-dated, current prices will apply. This could be disappointing - so to
help you, we'll send a reminder email during the 14 day guarantee period.
We have various posting options. We offer labels using either UPS or USPS.
Phones and devices must be
packaged in accordance with our packaging instructions to ensure safe and
successful delivery to us.
Unfortunately, other than when
we arrange courier collection, we do not accept responsibility for non-delivery
of phones or damage in transit. We therefore recommend that you send any high
value units via registered post to ensure successful delivery. Our pre-paid UPS labels include 100 dollars of free insurance. If you want you can add additional insurance coverage, but you must pay.
Zelle Transfer payments can only
be made to the account details given when placing the online order. We cannot,
under any circumstances, recall or reissue bank transfer payments once they
have been made.
We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a contract that is caused by
events outside our reasonable control or due to our compliance with any
applicable laws or regulations.
