It is the user of this websites (henceforth known as the “Seller”) responsibility to read this agreement (the Terms and Conditions, known as the “Agreement”) carefully to understand your rights and obligations before you participate in any electronics trade-in offer (known as “Electronics Trade-in Program”). By participating in an offering (henceforth known as “Offer”) the Seller is are accepting the terms and conditions outlined below:
1. Services. By accepting to the terms and conditions of this agreement, the Seller hereby authorize GadgetSail LLC., a Delaware Corporation, and its authorized agents, representatives and employees (collectively known as, the “Company”), to purchase the goods and accessories as inspected by the Company and quoted on the Seller's accepted Offer page.
There are two types of Offers outlined below:
In accordance with the terms of this Agreement, the Company will compensate the Seller in an amount equal to the Offer that was provided based upon the Sellers description of the condition and contents (henceforth known as the “Goods”) of the Sellers accepted Offer.
In order for the accepted Offer to be valid, the Company must receive your Goods within fourteen (14) days from order date. If the Company receives the Goods later we will revalue them according to the Companies current price list and inform the Seller of a change to the terms of the Offer.
If the Goods do not meet the Sellers description of the condition and contents of the Sellers accepted Offer, the Company, at its sole discretion, shall have the full right to re-evaluate the value of received Goods or terminate services. Within reason, the result of any terminated services shall be communicated to the Seller and the Goods returned to the Seller at the Sellers expense.
Re-pricing occurs when there is a discrepancy between what is specified in the Offer and the product received. The Company contacts the Seller and informs them of a revised offer amount. If the Seller decides to decline the offer, the Compny will return the item for shipping under $5. Return shipping over $5 is paid by the Seller. If we do not hear back from the Seller within five business days, the Company will automatically issue payment for the adjusted amount or recycle the product if no value.
The Electronics Trade-in Program may be terminated by the Company without notice for any reason or no reason, at any time.
2. The Seller’s Representations and Warranties. The Seller represents and warrants that:
3. Personal Data. The Seller is solely responsible for any personal, financial and sensitive information stored in the Goods, including all accessories. It is the Sellers responsibility to delete all personal, financial and sensitive information from the Goods that may contain data before being submitted to the Company. The Seller understands that the Company is not responsible for removing data from the Goods and cannot guarantee that all data left on the Goods will be deleted. By the Seller releasing title of the Goods to the Company, the Seller agrees to release the Company from any claim as to the Goods, the data stored in such Goods, or any data on any media or other accessories used in conjunction with the Goods, or for such data’s security, integrity, confidentiality, disclosure or use. The Company is not responsible for any loss suffered by the Seller due to any data that is not erased or removed from the Goods.
4. Payment. Method Selected by Seller (Local, Check, PayPal or Google Wallet). The Company will deliver payment to the Seller in full satisfaction of the amount owed (less any payment processing fees) to the Seller for the purchase of the Goods. The Company may offer different methods of payment from time to time. The method of payment will be made in accordance with the Sellers selection. The Company may, at its discretion, elect to pay the customer by check. The payment will be mailed or electronically transferred to the Seller at the Sellers address and other contact information as provided by the Seller. Receipt or use of the payment constitutes acceptance by the Seller of the payment terms and conditions. All terms and restrictions are applicable to the extent permitted by law.
5. Final Sale; Transfer of Title and Risk of Loss. The Seller agrees that the sale of the Goods to the Company is final once payment is made by delivery of the payment to the Seller. The title to the Goods pass to the Company upon such delivery of the payment to the Seller. Neither the Goods nor any data stored thereon can be returned to the Seller after the payment has been so delivered to the Seller. The risk of loss for, and title to, the payment pass to the Seller upon such delivery of the payment. The Company is not responsible for any lost or stolen payments.
7. Breach. Without limiting other remedies, the Company may immediately terminate the Services, and refuse to provide future Services to the Seller if:
8. Indemnity. The Seller agrees to indemnify and hold the Company and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due, connected to, or arising out of the Seller’s breach of this Agreement, or the Seller’s violation of any law or the rights of any third party.
9. Warranty Disclaimer. The Company, its officers, managers, employees, and suppliers provide their services “as is” and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. The Company, its officers, managers, employees, and suppliers specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.
10. Waiver of Consequential Damages. IN NO EVENT WILL THE COMPANY BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNATIVE DAMAGES arising out of this agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether the Company has been advised of the possibility of any such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.
11. Liability Cap. The Company's aggregate liability and the liability of their respective officers, managers, employees, and suppliers to the Seller or any third parties in any circumstance is limited to the greater of the estimated value of the applicable Goods as stated in the Order summary, or $25.
12. Release. The Seller releases the Company (and the Company's officers, directors, agents, subsidiaries, joint ventures, employees, 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 Services.
13. Term. This Agreement is made effective on the date set forth in the Order Summary and unless terminated earlier in accordance with the terms of this Agreement, the Term of this Agreement will continue until all the Services conducted by the Company for the Goods are complete in accordance with this Agreement. This Agreement may be terminated by the Company without notice for any reason or no reason, at any time.
14. Survival of Certain Terms. The following Sections will survive the termination of this Agreement for any reason:
15. Resolution of Disputes. The Seller should direct correspondence regarding any complaint to the Company at CustomerService@gadgetsail.com.
16. General. The Seller and the Company agree that this Agreement will be governed in all respects by the laws of the United States of America and the State of Delaware, and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the parties at the addresses set forth on the Reverse Page. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such actions will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof. This Agreement may only he changed by mutual agreement of authorized representatives of the parties in writing, excepted as otherwise provided herein.