Terms of Sale Agreement
sellTrade offers services through which you can sell, or recycle certain Broken, Used, or NEW Apple products ( the "Products") after receiving a "quote" from https://selltrade.co.za
You must agree to abide by the following terms in order to use the sellTrade Services on sellTrade.co.za.
BY SETTING UP AN ACCOUNT, OR BY USING SELLTRADE'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
About These Terms. These terms govern any offer that you make to sell or to recycle your Apple Product to or through sellTrade.co.za.
These terms, the terms that govern your use of sellTrade's web sites ("sellTrade.co.za"), the sellTrade Services and any and all applications included therein, which terms are located at https://selltrade.co.za/terms-conditions/ , the terms of sellTrade's privacy disclosures located at http://www.sellTrade.co.za/legal and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you (the Customer) and sellTrade (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" means an individual or entity exercising rights under this Agreement, and the term "sellTrade.co.za," "we" or "us" means sellTrade.co.za and its affiliates and subsidiaries.
Requirements. In order to complete the sale or recycling of your Apple Product to or through sellTrade or to complete any other transaction with sellTrade, you must:
Create an account with us
Provide true, up to date and accurate account information about yourself and any Apple Product you offer to us;
Comply with all terms and conditions of this Agreement;
Comply with all applicable laws and regulations, thus all stolen devices will be reported to the nearest Police Station as well as your full contact details;
Transact on behalf of yourself and not on behalf of others; and
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.
You understand and agree that if you fail to provide us with accurate and up to date information about yourself:
We will not be responsible for any misapplied payments or payments sent to a wrong address, You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
sellTrade may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted a quote to.
Condition Defined. sellTrade uses over Seven (7) Product conditions to grade Products, ranging from "NEW" to "NO POWER." Conditions can widely vary between categories and types of Products.
Broadly, sellTrade's Product definitions are as follows:
Excellent: Device is fully functional, looks brand new and has NO signs of wear (cracks, scratches, scuffs, marks, etc.).
Good: Device is fully functional with slight wear such as faint scratches or scuffs (no cracks).
Fair: Device is fully functional with moderate wear such as deep scratches or scuffs (no cracks).
Poor: Device is fully functional with heavy wear including small cracks that do not interfere with functionality
Broken: Device is complete but has functional or physical problems that prevent it from working properly like water damage or a cracked touch screen that interferes with functionality.
Please note: We do not purchase devices that are severely damaged or destroyed.
The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product are included on sellTrade.co.za. Condition definitions are subject to change at sellTrade's discretion.
If you are uncertain about your Product's condition, please seek guidance by contacting sellTrade's customer support.
Product Valuation; Product Recycling.
All quotes will be based on sellTrade's own determination of the Product value in reliance on the accuracy of the information you supply us. sellTrade will use its discretion to determine the Product value, weighting factors that may include the Product's model, functionality and condition. Upon receiving a quote, you have the option of accept or to reject that quote. Acceptance indicates you are willing to provide your Product to sellTrade at the quoted price.
Fitness for Sale. You must own the right, title, and interest in any and all Products you seek to sell or recycle to sellTrade. The Products and the sale and shipment of such items to sellTrade: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws and 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 sellTrade Services, you agree to indemnify sellTrade from all claims or losses sustained by sellTrade as a result of any breach of this warranty.
Sending sellTrade Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your Product.
This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the quote was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a recalculated quote.
Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. sellTrade's standard practice is to remove all such data from your Product, however, sellTrade makes no guarantee that it will do so.
By sending sellTrade your Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to sellTrade or for such data's security, integrity, confidentiality, disclosure or use.
sellTrade is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
Product Inspection; Quote Recalculation. Your Product must be received by sellTrade within ten (10) business days after you accept the original quote by sellTrade (the "Delivery Period").
Packing and shipping recommendations provided to you by sellTrade should be followed in order to avoid possible damage to or loss of the Product in transit. All Products that are received will be inspected by sellTrade.
sellTrade has 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.
sellTrade reserves the right to recalculate the original quote for the Product if: (a) the Product and/or materials are not as described, and/or (b) the Product is received by sellTrade after the Delivery Period above.
In the event sellTrade recalculates the quote, you shall have the option of accepting or rejecting the new 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, sellTrade will return the Product to you at the address from which it was originally sent. sellTrade will give you a period of five (5) days after sellTrade presents you with a recalculated quote to accept or reject the new quote (the "New Quote Period").
sellTrade will also remind you of the outstanding new quote one or more times during the New Quote Period. However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, sellTrade will return the Product to you at the address from which it was originally sent.
For avoidance of doubt, your acceptance of the original quote and/or any new quote is final and you may not change your mind later about accepting such quotes.
Releasing Rights to Product. Once you send sellTrade your Product, sellTrade 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 such Product. Of course, if sellTrade rejects the Product or you do not accept any new quote for the Product the product will be send back to the owner.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products until delivery of the same to sellTrade. You are responsible for any damages that may occur to your Product while in transit. sellTrade is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event sellTrade returns your product to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once sellTrade delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
Passing of Title. Title to the applicable Product passes to sellTrade upon sellTrade's acceptance of the Product for the original quote or the new quote, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Non-Transferable. Any quote by sellTrade for your Product is non-transferable and not redeemable for any other consideration other than what is quoted by sellTrade.
Accuracy of all Information. sellTrade makes 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, sellTrade reserves the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the quote. In the event the Product has already been sent to sellTrade, the changed quote will become a New Quote subject to the processes set forth in Section 9. Otherwise, the changed quote will be a re-issued original quote, which you may accept or reject.
(c) Void a transaction. If the Product was already sent to sellTrade, sellTrade will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 10.
If you object to your information being transferred or used in this way please do not use our services.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the sellTrade Websites and the sellTrade Services, including all devices, Internet browsers and Internet access.
If you access the sellTrade Website and the sellTrade 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.
No Warranties. WE PROVIDE THE SELLTRADE 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 sellTrade WILL MEET YOUR REQUIREMENTS.
Limited Liability. IN NO EVENT SHALL SELLTRADE, 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 SELLTRADE UNDER THIS AGREEMENT.
Indemnity. You agree to indemnify, defend, and hold harmless sellTrade, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors 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.
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 sellTrade of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. All Sections shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The sellTrade Website (sellTrade.co.za) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. sellTrade therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. sellTrade does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. sellTrade reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the sellTrade Websites and/or the sellTrade Services before the changes take effect.
Your continued use of sellTrade after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with sellTrade, you reaffirm your acceptance of this Agreement.
You are responsible for regularly reviewing periodically this Agreement, located at https://selltrade.co.za/terms-conditions/. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SOUTH AFRICA'S LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF SOUTH AFRICA. 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 PRETORIA SOUTH AFRICA, 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. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email: email@example.com
Last time updated: 25 May 2017