Terms of Sale - SellPhoneforCash.com - Sell Your Cellular, LLC

SellPhoneForCash.com is a service provided by Sell Your Cellular, LLC, in which you, the seller, offer to sell your product to SellPhoneForCash.com (hereinafter the "Product") after receiving a "quote" from SellPhoneForCash.com. By using SellPhoneForCash.com's website and participating in the service, you agree to the terms and conditions set forth herein. Additional terms and conditions applicable to the use of the site, privacy concerns, specific areas of this Site, or to particular content or transactions are posted in particular areas of the site and, together with these Terms of Sale, govern 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 Sell Your Cellular, LLC, and are collectively referred to herein as the "Agreement."

  1. Responsibilities. Any and all transactions conducted on this site are solely the responsibility of SellPhoneForCash.com and website visitors.
  2. Product Offers. SellPhoneForCash.com will attempt to offer a "quote" for the purchase of every product you want to sell. SellPhoneForCash.com reserves the right, in its sole discretion, to choose not to make an offer.
  3. Product Valuation and Recycling. All quotes are based on SellPhoneForCash.com's determination of the product value with the information you supply. SellPhoneForCash.com will determine the product value, incorporating factors such as the product's model, condition and any accessories included. Upon receiving a quote, you have the option of offering your product for sale to SellPhoneForCash.com. If SellPhoneForCash.com determines the product has nominal value, SellPhoneForCash.com may quote you $0. If you accept $0, SellPhoneForCash.com will accept the product in order to recycle the product.

    SellPhoneForCash.com reserves the right to change pricing without notice. Change in pricing may be from any condition that SellPhoneForCash.com sees fit, including change in market conditions, demand, availability or any other circumstances.

  4. Sending Your Product to SellPhoneForCash.com. All materials that were included for the calculated quote must be sent, along with the product, as well as any other materials that came with the 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.
  5. Removing Data From Your Product. SellPhoneForCash.com will use its best efforts to remove all data from your product, but makes no guarantee. It is strongly recommended that you back up your data and use your best efforts to erase it from your product before shipping. By sending SellPhoneForCash.com your product, you agree to, upon its acceptance by SellPhoneForCash.com, 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 SellPhoneForCash.com, or for such data's security, integrity, confidentiality, disclosure or use. SellPhoneForCash.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. Third Party Service Charges. It is your responsibility to discontinue service on all cell phones before they are shipped to SellPhoneForCash.com. SellPhoneForCash.com will not responsible for any and all airtime or any other charges accrued prior to, during, or after any transaction. It is the responsibility of the original user and wireless service provider to resolve payment issues regarding any and all carrier based service charges.
  7. Product Inspection and Quote Recalculation. All Products are inspected carefully upon receipt. SellPhoneForCash.com has the option to accept or deny the product. There may be instances when SellPhoneForCash.com recalculates the original quote for the product. If the product is as described, with all materials described, and sent in a timely manner, SellPhoneForCash.com will honor all quotes made for your product.

    SellPhoneForCash.com will pay the full offer amount if the product(s) are postmarked within ten (10) days of receiving the online pricing offer and are in the same condition stated. If your item is postmarked over ten (10) days from the date of the original quote, your product(s) will be repriced at the current pricing found on SellPhoneForCash.com.

    If there is a difference in the condition, type and amount of damage to your product(s) the price is subject to change. If SellPhoneForCash.com determines that the product(s) is in a condition different from the submitted condition, SellPhoneForCash.com will adjust the price to reflect the accurate condition.

    Packing and shipping recommendations should be followed in order to avoid possible damage or loss, which may also affect the quote. In the event SellPhoneForCash.com recalculates the quote you shall have the option of accepting or rejecting the new quote. If you choose to accept the new quote, you will be paid in accordance with these service terms. If you choose to reject the new quote, SellPhoneForCash.com will return the product to you at the address from which it was originally sent. SellPhoneForCash.com will give you five (5) days – from the day SellPhoneForCash.com recalculates the quote – to accept or reject the new quote. SellPhoneForCash.com will remind you of the outstanding new quote one or more times during the period. If the new quote is neither accepted nor rejected after the 5 days, SellPhoneForCash.com will assume acceptance of the new quote, and you will be paid the new quote in accordance with these service terms.

  8. Condition Defined. SellPhoneForCash.com uses product conditions to grade products, ranging from "Excellent" to "Poor." SellPhoneForCash.com's product definitions are as follows:
    1. Perfect: mint condition. Looks like new. The item is in perfect condition with no scratches, scuffs, or signs of use.
    2. Good: the item has evidence of normal use, such as light scratches or scuffs, but is otherwise 100% functional.
    3. Fair: item functions perfectly but has major scratches and/or dents.
    4. Poor: the item has physical or functional issues such as cracked body, damaged display, missing or broken parts, dents, deep scratches, personalization(s), etc

    Condition definitions are subject to change at SellPhoneForCash.com's discretion.

  9. Price Match Guarantee. SellPhoneForCash.com offers a competitor price match guarantee paying you the difference in price from your original accepted SellPhoneForCash.com offer, and the higher offer from any of our competitors. You must provide proof of higher price offer within thirty (30) days of initial SellPhoneForCash.com offer. The offer must be valid and SellPhoneForCash.com must be able to confirm it. The competitor offer cannot be from a sale on eBay, Craigslist, Amazon, or a personal sale which are not competitors to our service. Even with a price match guarantee, SellPhoneForCash.com retains the right to Quote Recalculation from Conditions Defined based on the terms of this agreement.
  10. Battery Life. Your product(s) may be working perfectly but the battery may be depleted. If SellPhoneForCash.com determines during diagnosis of your product(s) that the battery lasts for less than one hour we will have to adjust the offer to reflect a depleted battery.
  11. Right To Sell Product. You must own the right, title, and interest in any and all items you sell to SellPhoneForCash.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 SellPhoneForCash.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 SellPhoneForCash.com service, you agree to indemnify SellPhoneForCash.com from all claims or losses sustained by SellPhoneForCash.com as a result of any breach of this warranty.

    Each cell phone must have a valid ESN or IMEI. Phones submitted with outstanding balances associated with the ESN number, or listed as lost or stolen by the issuing carriers cannot be accepted for payment. They will not be returned and will have to be recycled.

  12. Releasing Product. Once you send SellPhoneForCash.com your product, SellPhoneForCash.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.
  13. Risk-Of-Loss. You remain responsible for the risk-of-loss for the products until delivery to SellPhoneForCash.com. You are responsible for any damages that may occur to your product while in transit. Risk-of-Loss only passes to SellPhoneForCash.com upon SellPhoneForCash.com's opening of the packaging in which the Product was sent by you. If SellPhoneForCash.com denies your offer to purchase your product, risk-of loss will be transferred to you at point of return delivery to you by SellPhoneForCash.com, provided, pursuant to these terms and conditions you request the return of the product.
  14. Product Title. All Decisions Are Final. Title of the product passes to SellPhoneForCash.com upon the product's acceptance following inspection. If SellPhoneForCash.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 are final.
  15. Non-Transferable. This offer is non-transferable, not redeemable for any other consideration other than what is quoted by SellPhoneForCash.com, and upon your receipt of the Purchase Price, in whatever form sent, it is non-refundable. Prices offered by SellPhoneForCash.com are subject to, and will, change without notice; SellPhoneForCash.com will terminate offerings on certain Products at any time and without advanced notice.
  16. Accuracy of Information. SellPhoneForCash.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, inaccuracies, or pricing errors or omissions, SellPhoneForCash.com reserves the right to correct the error. If SellPhoneForCash.com corrects the error, SellPhoneForCash.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 SellPhoneForCash.com will promptly return the product back to you.
  17. Non-Affiliation with Companies Mentioned. SellPhoneForCash.com is not endorsed, sponsored by or affiliated with Apple Inc. iPhone is a registered trademark of Apple Inc. SellPhoneForCash.com is not endorsed, sponsored by or affiliated with Blackberry RIM, HTC, LG, Motorola, Nokia, Palm, HP, Pantech, Sanyo, Sony Ericsson, Samsung, Audiovox, Panasonic, BenQ, Siemens, Toshiba, Dell, Kyoceria, Philips, Compaq, Xcute, NEC, Haier, Sharp or any other cell phone, smart phone or PDA brands, their respective products and they are registered trademarks of their respective companies.
  18. Unclaimed Items and Incorrect Return Shipping Information. If your items arrive without proper contact information, packing slip, or return label, SellPhoneForCash.com will not know the true owner of the product. SellPhoneForCash.com will hold unidentified inventory for 5 business days. After 5 business days, if the rightful owner is not determined, unidentified items will be sold or recycled. Any sale of items received without proper return information are final. Make sure you have proper return contact information on your package. There are no exceptions.
  19. General Provisions:
    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 SellPhoneForCash.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. SellPhoneForCash.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. SellPhoneForCash.com does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
    3. Modification. SellPhoneForCash.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 TEXAS 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 AUSTIN, TEXAS, 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.

Last Update: October 10, 2009