Terms of service
Please read these terms of service carefully before completing the checkout process. This is a legally binding contract between you, SellMyCellPhones.com, and SellMyCellPhones.com’s third-party recyclers (“Recycler”) that provide a service for the purchasing ad recycling of consumer electronic devices. By participating in the buyer services and completing the transaction you are accepting these terms of service as set forth below. If you do not accept the terms of service, do not complete the checkout process or send in your electronic device(s).
This website is operated by SellMyCellPhones.com, which provides a marketplace for Recycler(s) to offer buying services through which you can sell, donate or recycle consumer electronic devices (the “Device”) by receiving a conditional “Offer” from Recycler after you describe your Device on the SellMyCellPhones.com website (the “Website”). The terms of service below (the “Terms of service”) govern your transaction to sell, donate or recycle your Device. You must agree to abide by these terms of service in order to complete a transaction with the Recycler through the Website.
Please note that these terms of service may differ from the terms of service on Recycler’s website. SellMyCellPhones.com provides a marketplace to connect third-party Recyclers with customers looking to sell their electronic devices. Recycler may have its own website and terms of service which govern transactions completed on Recycler’s website. The terms of service below apply to all transactions initiated with SellMyCellPhones.com and Recycler through the Website. In the event there is any discrepancy between these terms of service, and those on Recycler’s website, these terms of service shall control.
You understand that all offers are conditional and depend on the actual make, model, condition and operational nature of the device.
1. General Requirements. You must be, and by requesting, receiving or using Recycler services, you represent and warrant that:
a. You are at least eighteen (18) years of age;
b. You are the legal owner of all Devices sold or attempted to be sold to Recycler or if you are not the owner, you are specifically authorized to sell the Devices to Recycler by the actual, legal owner;
c. No other person or entity has any claims to the Devices; and
d. You are intending and agreeing to be legally bound by these terms of service.
e. SellMyCellPhones.com and/or Recycler may request documentation or other proof of compliance with any of these requirements.
2. Device Requirements. The Device, and the sale and shipment of the Device to Recycler:
a. Shall not be counterfeit, stolen or fraudulent;
b. Must comply with all applicable federal, state and local laws, statutes, regulation and ordinances, including all import and export laws; and
c. May not infringe on any third party intellectual property rights, such as copyrights or trademarks.
3. Product Valuation. Recycler determines, in its sole discretion, which Devices are eligible for purchase, donation, returns and/or recycling by or through the Recycler Services. All Offers provided by Recycler will be based on Recycler’s own determination of the Device value in reliance on the accuracy of the information you supply including the model, carrier, brand and condition. Devices must be sent to Recycler with all internal and external components to receive an accurate Offer. To accept an Offer, you must provide your personal information and complete the checkout process. If you accept the Offer, you are agreeing to provide your Device to Recycler for the Offer price by mailing your Device to Recycler. If you do not accept the Offer, the specific transaction expires. If you choose not to accept the Offer and decide at a later time that you do want to accept the Offer, you will need to start the transaction process again at which point the Offer may be different. Any Offer for your Device is non-transferable and not redeemable for any other consideration other than what is offered. If based on the information you supply, Recycler determines that the Device has minimal value, Recycler may provide you an Offer of $0. If you decide to continue and accept the Offer of $0, you may send the Device to Recycler and Recycler will accept the Device for recycling or donating.
a. The prices shown on SellMyCellPhones.com are supplied through datafeed from each recycler and are then integrated in to the SellMyCellPhones.com website. Very occasionally there may be a difference in price from that shown on the SellMyCellPhones.com website to that shown on the recycler website due to a delay in the integration cycle. In these instances, the price on the recycler website shall take preference. SellMyCellPhones.com accepts no liability for any differing price. The correct price of your order will be that displayed in your order confirmation email from your chosen recycler.
4. Device Inspection; Condition; and Tampering.
a. Inspection. Upon receipt of the Device, Recycler will, in its sole discretion, determine the actual Device value, weighing factors that may include the actual make, model, condition and operational nature of the Device. As a part of the Device inspection, Recycler may test that it powers up and retains a charge (as applicable), that all parts are included and intact, and ensure that all available features function correctly. Most issues with your Device are easily noticed, however, certain issues with your Device may not be known to you at the time of submission, but if issues exist, Recycler will likely find them during inspection. If the Device differs in any way from the description you provided, Recycler may provide you with a Revised Offer to reflect the actual Device value and notify you of the price change, as described in Section 5 below. Recycler has the option to accept or reject the Device, including, without limitation, to reject any Device not conforming to the description you provided, any Device modified in such a way that it no longer conforms to the original factory specifications, any locked Device whose lock cannot be bypassed or any Device no longer complying with applicable laws or regulations (e.g. FCC rules, etc.) and/or any Device damaged in transit. If Recycler rejects the Device for any of these reasons or if the Device is lost or stolen in transit, the Offer automatically expires and is revoked.
b. Condition of the Device. Devices must conform to the following conditional ratings listed on the Website for each Device: (a) Perfect; (b) Good; (c) Average; (d) Broken. Recycler reserves the sole right to determine the final conditional rating of the Device received. All phones must have an easy to read Electronic Serial Number (“ESN”) or International Mobile Equipment Identity (“IMEI”) number on the back or underneath the battery of the phone.
c. Passwords and Device Locks. You must remove all passwords and locks from your Device prior to sending them to Recycler. If Recycler is unable to fully and completely operate your Device without the use of passwords or device locks, then it may either re-categorize your product’s condition as “Broken,” with a corresponding lower price, or return the Device.
d. Clear for Activation. Your Device must be “Clear for Activation.” This means that you are responsible for: (a) properly deactivating the Device with the cellular service carrier; (b) paying off any outstanding balance on that account prior to shipping the Device to Recycler; and (c) ensuring your Device has not been reported as lost or stolen. If Recycler receives a Device that is NOT Clear for Activation, your Revised Offer may be reduced to $0.
e. Tampering with the Device. If Recycler receives a Device that has signs of being opened and/or there is internal damage to the Device that was clearly done by a person, Recycler will revise the Offer. For example, if a Device is inoperable when submitted and Recycler finds missing parts and/or wires cut upon opening the Device, then Recycler will provide a Revised Offer that may be reduced to $0.
5. Revised Offer. Recycler reserves the right to revoke the original Offer and provide a “Revised Offer” for the Device if: (a) you indicated the Device is in the Perfect or Good condition but it is not as described, and/or (b) you indicated the Device is in the Broken condition but it is crushed, bent or has missing parts, and/or (c) you indicated a different model than that you sent to Recycler.
6. Payment. Payment is made explicitly by Recycler and not by SellMyCellPhones.com. Please contact the recycler directly or check the Recycler’s own terms of service in regards to all payment enquiries.
7. Communication and Contact Information. By using the Recycler Services, you agree to transact with SellMyCellPhones.com and/or Recycler electronically. You are required to provide SellMyCellPhones.com and/or Recycler with accurate and complete contact names, mailing address, and e-mail address. You may also provide a phone number; however, SellMyCellPhones.com and/or Recycler make no guarantee that it will contact you via telephone. It is your duty to keep your e-mail address accurate, valid and up to date and to ensure that e-mails SellMyCellPhones.com and/or Recycler sends you are not filtered or stopped by spam filters or other types of e-mail blocking functionalities. It is also your duty to obtain all equipment and services needed to access and use your e-mail including all devices, Internet browsers and Internet access. SellMyCellPhones.com and/or Recycler shall not be held responsible for communication errors due to: (a) your contact information being inaccurate or incomplete; (b) e-mails sent to you being blocked or filtered as spam; or (c) your inability to access your e-mail at the e-mail address you provided.
8. Offer Acceptance. Your acceptance of the original Offer and/or any Revised Offer is final and you may not change your mind later about accepting such offer. Except as specifically set forth below in Sections 8(a) and (b), all right, title and interest in and to the Device shall be passed to Recycler upon issuance of payment to you for the Offer price. Once title passes to Recycler, Recycler may re-sell, recycle or donate the Device at any time, in its sole discretion. Recycler cannot and does not guarantee that it will be able to honor any request for return of the Device and/or any data or information contained in the Device once title has passed to Recycler. Notwithstanding anything herein to the contrary, for an Offer price of $0 or a Revised Offer price of any amount, the passing of title shall occur in accordance with the following:
a. In the event that the Offer price is $0, all right, title and interest in and to the Device shall pass to Recycler upon Recycler’s receipt of the Device.
b. In the event that you receive a Revised Offer, all right, title and interest in and to the Device shall pass to Recycler upon your acceptance of the Revised Offer, whether affirmatively or by failure to reject the Revised Offer on time.
9. Data Removal. It is your responsibility to remove any and all personal information and data from all the Device(s) including, but not limited to, phonebook entries, personal codes, e-mail addresses, personal addresses, photos and downloaded files prior to shipment of the Product(s) to the Recycler. You should also remove any SIM cards as these may contain sensitive information and are not needed. Although Recycler’s standard practice is to remove all personal information from your Device, SellMyCellPhones.com and/or Recycler make no guarantee that Recycler will do so. Once the data is removed from the Device, it can no longer be retrieved. By sending Recycler your Device, you agree to release SellMyCellPhones.com and/or Recycler from any claim as to the Device, the data stored in such Device, or any information on any media used in conjunction with the Device, or for such data’s security, integrity, confidentiality, disclosure or use. SellMyCellPhones.com and/or Recycler is not responsible for: (a) any loss or damage suffered by you due to any personal information or data that is not erased from the Device and may be transferred to a third party; or (b) any loss of data after you submitted your Device to Recycler.
10. Shipping.
a. Timing. Your Device must be received by Recycler within thirty (30) days after the date you complete the checkout process on the Website. If the Device is not received by Recycler within (30) days, the Offer price will be null and void. If Devices are received by Recycler after (30) days, you will be contacted via e-mail with a Revised Offer at the current value for the Device.
b. Materials. Recycler may provide the option for you to print out a shipping label and provide your own shipping materials as opposed to using the shipping kit provided by Recycler. In either case, it is your responsibility to ensure that the Device(s) are properly packaged to avoid damage during transit.
c. Liability. SellMyCellPhones.com and/or Recycler is not liable or responsible for lost, stolen or damaged Device(s) during shipping. Although Recycler will provide you with a free prepaid shipping kit to send your Device(s) to the Recycler’s facility, any loss or damage during transit, either to or from Recycler’s facility, is your responsibility. If you wish to insure your package, insurance must be purchased by you at your sole expense.
d. Return Shipping. In the event you receive a Revised Offer and you reject that Revised Offer, the Recycler will return your device free of charge, with the exception of the receipt of a stolen or counterfeit Device(s).
11. Privacy. SellMyCellPhones.com and Recycler recognize that privacy is very important. All personal information sent to SellMyCellPhones.com and/or Recycler via electronic mail, over the phone or social media such as email addresses, phone numbers, mailing addresses, names and PayPal accounts will be kept confidential. Your information may be used to complete your transactions with SellMyCellPhones.com and/or Recycler and to contact you in the future. SellMyCellPhones.com and/or Recycler will not share your personal information with third parties without your permission, except in the limited circumstances described below.
a. SellMyCellPhones.com and/or Recycler may provide your personal information to companies that provide services to help SellMyCellPhones.com and/or Recycler with their business activities such as fulfilling your request for a free shipping kit. These companies are authorized to use your personal information only as necessary to provide these services to SellMyCellPhones.com and/or Recycler.
b. SellMyCellPhones.com and/or Recycler may disclose your personal information when SellMyCellPhones.com and/or Recycler reasonably believes that it is required by a law or legal process and to protect and defend the rights and interests of SellMyCellPhones.com and/or Recycler, their affiliates, suppliers, or users. In the event SellMyCellPhones.com and/or Recycler goes through a business transition, such as a merger, being acquired by another company, or selling a portion of their assets, users’ personal information will, in most instances, be part of the assets transferred.
c. SellMyCellPhones.com and/or Recycler may use and disclose your aggregated usage information with others, in a form that does not identify any individual, to allow SellMyCellPhones.com and/or Recycler and their advertisers to present targeted advertising to you. SellMyCellPhones.com and/or Recycler may disclose to third parties, including advertisers and potential business partners, aggregated statistics that SellMyCellPhones.com and/or Recycler develops from your usage habits, preferences, and history. For example, SellMyCellPhones.com and/or Recycler may disclose generalized information about usage habits based on aggregated statistics developed from your site usage behavior and search history. This statistical information will not identify any individual.
12. Indemnity. You agree to indemnify and hold SellMyCellPhones.com and/or Recycler, and their parent, subsidiaries, affiliates, officers, directors, agents, and employees blameless from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees), made by any third party due, connected to, or arising out of your violation or breach of these Terms of service, or your violation of any law or the rights of any third party. SellMyCellPhones.com and/or Recycler reserves the right to assume the exclusive defense and control at your expense of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SellMyCellPhones.com and/or Recycler’s defense of such claim.
13. Limited Liability. In no event shall SellMyCellPhones.com or 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 by you or third parties whatsoever with respect to your transactions with recycler.
14. Release of SellMyCellPhones.com. SellMyCellPhones.com, as the provider of the marketplace for you and Recycler, is not responsible for the Recycler Services, including the transaction between you and Recycler to sell/purchase, recycle or donate your Device. By using the Recycler Services through the SellMyCellPhones.com Website, you agree to release SellMyCellPhones.com and SellMyCellPhones.com’s officers, directors, agents, subsidiaries, joint ventures, employees, attorneys, successors and assigns from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Recycler Services.
15. Third Party Beneficiaries. Except for SellMyCellPhones.com being a third party beneficiary of the release as described in Section 14, nothing expressed or implied in these terms of service is intended or shall be construed, to confer upon or give any person, firm or corporation other than you and Recycler, any rights, remedies, obligations or liabilities under or by reason of this Agreement, or result in their being deemed a third party beneficiary of this Agreement.
16. Entire Agreement. These terms of service constitute the entire agreement between you, SellMyCellPhones.com regarding the subject matter hereof and supersedes any other agreements or understandings (whether written or oral) between you and SellMyCellPhones.com regarding the subject matter hereof.
17. Waiver. SellMyCellPhones.com waiver of, or failure to enforce, any right, term or provision of these terms of service on one occasion will not be deemed a waiver of any other right, term or provision on the same occasion or the same right, term or provision on any other occasion.
18. Severability. If a court of competent jurisdiction declares any provision of these terms of service to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and the provision that is held to be invalid, illegal or unenforceable shall remain in effect as far as possible in accordance with the intention of the parties.
19. Modification. SellMyCellPhones.com reserves the right to modify these terms of service at any time. If you do not agree to the changes, you should discontinue using SellMyCellPhones.com services. Your continued use of any SellMyCellPhones.com services after any changes take effect constitutes your acceptance of the changes. Each time you submit a Device for sale on the Website, you reaffirm your acceptance of the terms of service as in effect at the time of such use. You are responsible for reviewing the terms of service each time you use SellMyCellPhones.com services. Changes to the terms of service are effective immediately upon posting on the Website.