Terms and Conditions
Please read these terms and conditions carefully before submitting your sell order from our site. You should understand that by submitting an order, you agree to be bound by these terms and conditions and our terms of use.
You should print and keep a copy of these terms and conditions and the terms of use for future reference.
In confirming your sell order you will need to click the box indicating that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to place a sell order via our site.
How The Contract Is Formed Between You And Us
Our site is only intended for use by people registered with us and legally residing in the United States. At our complete discretion we may accept or reject orders from people outside of these territories.
Your contract with us will be formed when we receive your sell order. It will incorporate these terms and conditions and our terms of use. Please click on the "How It Works" page for more information.
You must own all rights, title and interests in any phone(s) that you send to us.
Ownership of the phone(s) will pass to us when we receive the phones, in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, a contract will be formed.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
You may cancel the contract with us at any time up to the time when you send us the phone, providing:
- the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
- you are a natural person acting outside the purposes of any business.
When canceling during the cooling-off period, you need not give us any reason for canceling the contract, nor will you have to pay any administration charges.
To cancel the contract you must notify us in writing.
By placing an order through our site, you warrant that:
- You are resident in the United States or Canada; and
- You are accessing our site from that country; and
- You are legally capable of entering into a binding contract; and
- You are at least 18 years old; or
- If you are under 18 years of age, that you have obtained your parent’s or guardian’s consent to sell your phone to us for the sum indicated via our website.
You and your parents or guardians release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty.
If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.
For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so.
Other than if the phone does not meet our terms and conditions (see below), this contract cannot be canceled after you have sent your phone(s) to us.
PLEASE ENSURE THAT YOU ARE PLEASED TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
Consumers
By placing an order through our site, you warrant that:
- You are the legal owner of the phone(s) which you are submitting
- You are a legal resident of the United States or Canada; and
- You are accessing our site from that country; and
- You are legally capable of entering into a binding contract; and
- You are at least 18 years old; or
- If you are under 18 years of age, that you have obtained your parent’s or guardian’s consent to sell your phone to us for the sum indicated via our website.
You and your parents or guardians release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty.
If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.
For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so.
Businesses
By placing an order through our site, you warrant that:
- You are authorized to act on behalf of the registered business; and
- You are based in the United States or Canada; and
- You are accessing our site from that country; and
- You are legally capable of entering into a binding contract.
Phones
Each mobile phone sold should match the make and model in the sale order and meet the following conditions:
Working
- The phone must turn on and off
- The phone must be fully functional
- The screen must be working and intact
- The battery and wall charger must be included
- The phone must not be crushed or water-damaged
- The phone must include all of its original parts
- The phone must not be included on a lost or stolen list
Non-Working
- The battery must be included
- The phone must not be crushed or broken in half
By submitting an order through our site you warrant that the phone(s) comply with these terms.
If a phone fails to meet our terms and conditions we'll propose an adjusted price by email. If you choose to decline our new offer, we are happy to return the phone at your expense. We have the final decision on all phone values. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 7 days.
Please note:
- You are responsible for canceling any airtime contract linked to each handset. We are not responsible for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.
- Please remove SIM cards before sending us your mobile. Any SIM cards received by us are non-returnable. (We will dispose of them appropriately.) We accept no liability in the event that any phone that has been sent with its SIM card is lost and charges are then incurred. You shall continue to be responsible for such charges.
- Please remember that by sending your phone to us, you agree to release us from all and any claims, losses or damages with respect to the phone, any data stored or contained therein or on any media used in conjunction with the phone (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure that such data is removed from the phone prior to you sending it to us.
- We work with 'Immobilize', a crime protection database that blocks stolen mobile phones and so we check received units via CheckMEND to ensure that the phones that are sent to us are not reported stolen. We do this prior to confirming purchase. However, in the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we so request
Pricing
Prices offered on our website are subject to change at any time without notice.
When your order has been placed, the prices quoted are guaranteed for 14 days from the 'Order Approved' date. (This is the date on which we send you a confirmation email.) If your phones are received after 14 days from the 'Order Approved' date, the up-dated, current prices will apply. This could be disappointing - so to help you, we'll send a reminder email during the 14 day guarantee period.
Postage
We pay for postage of your phone to us. Just use the return shipping label provided to you through email. Unfortunately, we do not accept responsibility for non-delivery of phones or damage in transit. We therefore recommend that you send any high value units via registered post to ensure successful delivery.
Registered deliveries should be sent to us at ibuysmartphones.com headquarters:
ibuysmartphones.com, 336 McKee St., Batavia, IL 60510
Payments
We offer an option of check or Paypal payments. You will be required to select a payment option when placing each online sell order. Unfortunately, this payment option cannot be changed once the order is placed.
When we receive your order, we will check that it is complete, and that it meets our terms and conditions. Providing it does, we will send payment to you, by check or Paypal, within 48 hours (Monday to Friday working hours apply).
Please Note: Payment can only be made to the name and address given when you register.
If you have damaged your check, you can have it reissued, free of charge, by sending us a written request and including the damaged check to the following address:
ibuysmartphones.com
Accounts Department
336 McKee St.
Batavia, IL 60510
If the damaged check is not received by us, a cancellation fee will apply and will be deducted from the re-issued check value.
If you have lost your check, you can request for it to be canceled and re-issued. A cancellation fee will apply and will be deducted from the re-issued check value.
Events Outside Of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
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