It is your responsibility to read this User Agreement ("Agreement") carefully in order to understand your rights and obligations before you offer a phone to ExchangeMyPhone.com ("ExchangeMyPhone"). When setting up an account on ExchangeMyPhone.com, you must agree to the terms and conditions outlined below. ExchangeMyPhone reserves the right to amend, cancel, or alter the terms of this Agreement at our sole discretion by posting an amended Agreement on ExchangeMyPhone.com. Except as stated below, the amended User Agreement will be effective immediately after it is posted.
When you set up an account with ExchangeMyPhone, you agree to these policies, terms and conditions.
Your use of ExchangeMyPhone.com may be terminated or suspended if you do not comply with this Agreement or our policies and procedures, or for any other reason we determine necessary, in our sole discretion, to protect the site and its users.
You represent and warranty that you are not a minor and that you can form legally binding contracts under applicable law. You also represent and warranty that you rightfully own or are legally authorized to sell any phones you enter into the ExchangeMyPhone system. If you do not qualify, please do not attempt to use ExchangeMyPhone.com.
Next, you will identify the make and model number (usually located behind the battery) of the phone you are interested in selling to ExchangeMyPhone, and you will provide information about the condition of the phone and any accessories. If ExchangeMyPhone wishes to buy the phone you have identified and described, ExchangeMyPhone will give you a Quote based on the information you have provided. THE QUOTE IS NOT A GUARANTEED PRICE. ExchangeMyPhone will pay the full amount of the Quote only if you ship the phone within 30 days of receiving the Quote and ExchangeMyPhone confirms that the make and model, condition, and accessories of the phone match the information provided.
You then may accept the Quote and add the phone to your Cart. You may add multiple phones to your Cart, but the total of the Quotes for a single Cart shall not exceed $1000.
For high value submissions (those above $500) or for bulk lots (10+ phones), ExchangeMyPhone staff will review the submission and provide a quote. In such cases, ExchangeMyPhone maintains the right to review, edit, or cancel the submission in part or in whole.
ExchangeMyPhone will send you postage-paid packing materials or a prepaid shipping label, as you choose. You will ship the phone, together with your order number, via the provided shipping method within 30 days of receiving your shipping supplies.
You may add basic confirmation of delivery to your shipment free of charge, but ExchangeMyPhone will not be responsible for any damages or loss during transit. You may of course insure the shipment at your own expense.
ExchangeMyPhone reserves the right to determine the model, the condition, and the accessories of each phone and make adjustments to the Quote or withdraw its offer to buy the phone entirely based on its assessment.
Each phone submitted as working (new or used) must meet the following non-exclusive list of conditions:
Those phones that do not meet the above requirements will be re-priced as broken. This may affect the Quote.
ExchangeMyPhone only buys phones that have a valid and verifiable ESN or IMEI number. This means that the sticker under the battery that displays this number must be clearly visible.
It is your responsibility to ensure ExchangeMyPhone does not receive phones with ESN numbers that are associated with an account, have been reported lost or stolen, or are otherwise blocked. Every phone with an ESN is verified before resale by ExchangeMyPhone. If ExchangeMyPhone determines during verification that the ESN is not free and clear, you will be notified by email and given seven (7) days to clear the ESN. If you do not successfully clear the ESN within the seven (7) days, then ExchangeMyPhone will not buy the phone.
Phones associated with an account will be returned subject to the provisions of the Returns section below. Those reported lost or stolen will attempt to deliver to the authorities or the rightful owners rather than to you, and the Quote will be withdrawn. If ExchangeMyPhone is ever penalized or fined or suffers any loss or damages because a phone you offered to sell was not yours to sell, then you will reimburse ExchangeMyPhone for all costs incurred, including legal fees.
If ExchangeMyPhone determines that a phone matches the information you provided, and you shipped the phone within 30 days of the Quote, and there is no violation of any other term of this Agreement, ExchangeMyPhone will put a check for the amount of the Quote in the mail within two (2) business days of its receipt of the phone. If the phone was not shipped within 30 days, or if ExchangeMyPhone disagrees with the information you provided, you will be notified by e-mail with an Adjusted Quote. If you accept the Adjusted Quote within two (2) business days after it is sent, or if you do not respond to the Adjusted Quote, ExchangeMyPhone will put a check for the amount of the Adjusted Quote in the mail within four (4) business days after it emailed the Adjusted Quote.
All checks will be made payable to the account holder and sent to the address listed for the account. If you require a check to be reissued, a $25 fee will be deducted from the amount paid.
A check sent by ExchangeMyPhone is payment in full for the phone and completes our transaction. ExchangeMyPhone owns the phone in full after payment has been sent. ExchangeMyPhone is not a collateral loan broker and will not hold your phone for you to buy back.
If ExchangeMyPhone provides an Adjusted Quote to you and you no longer wish to sell the phone to ExchangeMyPhone, ExchangeMyPhone will return the phone to you free of charge. If ExchangeMyPhone determines that it does not wish to buy the phone because of its condition, it will notify you and will return the phone to you free of charge or recycle it, as you choose.
It is your responsibility to discontinue service for a phone sold to ExchangeMyPhonebefore shipping the phone. ExchangeMyPhone is not responsible for any airtime charges accrued prior to, during, or after any transaction. Should any airtime charges be accrued, it is the responsibility of the User and service provider to resolve payment issues.
ExchangeMyPhonemay report to the proper authorities and, if required, surrender to the proper authorities any phone that ExchangeMyPhone receives that has stored on it illegal data or images.
If desired, it is your responsibility to remove any and all personal information from all phone memory and removable memory including but not limited to, phonebook entries, personal codes, e-mail addresses, personal addresses, IM addresses, photos, and downloaded files. ExchangeMyPhone is not responsible for any damages to you or anyone else that may result from stored information on a phone you sold to us.
You hereby indemnify and hold harmless ExchangeMyPhone with respect to any and all liabilities, claims, causes of action, injuries, costs, attorney's fees, losses, and/or damages of any kind or character directly or indirectly arising out of matters relating in any way to this Agreement and your transactions with ExchangeMyPhone.
We may issue a warning or temporarily suspend, indefinitely suspend or terminate your account or any of your sales if (i) you breach this User Agreement, (ii) you provide false information or we are unable to verify or authenticate any information you provide to us, (iii) you infringe the intellectual property rights of others, or (iv) you engage in any act of collusion or price manipulation.
You agree to comply with all applicable laws, statutes, ordinances, regulations, and payment of applicable taxes regarding your use of our service and your sale of any phones.
This User Agreement and your setting up of an account in no way constitutes or gives rise to a partnership joint venture, or other relationship between the parties.
This Agreement will be governed by the law of New York. Any disputes arising out of the Agreement will be brought in the courts of New York City.