Terms of Sale Agreement
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The Whiz Cells is not affiliated with the manufacturers of the items available for trade-in. The Whiz Cells and The Whiz Cells’ logo are trademarks of TM Capital, LLC., registered in the U.S. All other trademarks, logos and brands are the property of their respective owners
Terms of Sale Agreement
- About the Terms of Sale. These terms govern any offer that you receive to sell your Product to or through The Whiz Cells. 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 “The Whiz Cells,” “we” or “us” means The Whiz Cells.
- In order to sell your electronic item you must sign up for an account, provide true and accurate information about yourself and your item(s). You must have the full and complete ownership of the item you are selling. In order for The Whiz Cells to complete the sale of your item you must provide an email address from which you receive emails, an accurate address at which you receive mail, and your first and last name. If any of this information is incorrect the sale may not be able to be completed. The Whiz Cells is not responsible for emails that are not received because of being blocked or filtered as spam. You understand that The Whiz Cells will not be responsible for any payments sent to the wrong address or email address due to inaccurate information.
- Items that are to be purchased are at the sole discretion of The Whiz Cells and are subject to change at any time.
- The Whiz Cells condition categories and definitions are as follows: Like New, this condition is a phone that has no signs of use and looks or is new, Good, this means 100% operational with light to moderate signs of use, fair, is 100% operational with moderate to heavy signs of use, broken, this means the phone is physically broken or that 1 or more functions do not correctly work (ie. Broken screen, water damage, no wifi) Note that any item that has any amount of water damage is considered broken even if the item is in 100% operational condition. Condition descriptions are subject to change at any time. If you are unsure about which category your phone may fall into please contact customer service for guidance.
- Item Valuation is determined by The Whiz Cells based on the information given by you. The Whiz Cells will give you an offer on your item to which you can either accept or reject. If you accept you are agreeing to sell your item to The Whiz Cells for the offered price. If you reject the offer then the offer will expire. If you change your mind you will have to start a new transaction and the offered amount may have changed as prices are subject to change at any time.
- Ready for Sale. You must have full and complete legal ownership of the item you are selling. The item must be free of any passwords that would keep the item from working. The electronic item must not have service on it and it must be ready for new service.
- Sending Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your offer. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer 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 revised offer.
- Removing Data From Your Product. For electronic devices that have data stored on them please back up and save that data if you wish to keep it. Also delete any personal information. The Whiz Cells normal practice is to delete all stored information but we do not guarantee that we will. The best practice is for your to delete this information before sending it to The Whiz Cells. We will not be responsible for information a 3rd party may obtain from the device, or from the loss of data that you wanted to keep.
- Product Inspection. The Whiz Cells must receive and inspect your electronic item within 15 days. If it is received and inspected after 15 days the price quoted on the website may no longer be valid and a new offer may be given. A new offer will be emailed to you at least 3 times over the course of 5 days for you to accept or reject. If after 3 attempts we do not hear back from you we assume you accept the offer and will pay you the new offer amount.
- Evaluation offer. If after we get your item and evaluate it you may get a revised offer from us. As stated from above we will email you 3 times over the course of 5 days to alert you of your new offer. You can either accept or reject the new offer. If you reject the offer we will ship the item back to you. If we do not hear from you we will assume you agree to the new offer and pay you the new offer. Once we pay you the transaction is final and you can not changed your mind.
- Loss or Damage. You take full risk and responsibility for your item from the time you ship it off to the time we receive it. If your item is lost, stolen, or broken while in transit we are not responsible. We take on responsibility from the time we open the package. If we are to send your item back we are no longer responsible from the time the shipping company receives the package.
- Promotions. If The Whiz Cells runs a promotion it will have specific instructions and guidelines. If you forget to join a promotion and have already completed the online process you will no longer have the option of going back to join the promotion.
- Use of Service. By using The Whiz Cells Website, you agree not to (i) access any of the Services by any means (including but not limited to, by use of scripts, web crawlers or similar methods) other than through the user interface provided by The Whiz Cells; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the The Whiz Cells’ Website.
- No Warranties. The Whiz Cells makes is “as is” with no warranties implied or expressed in any way. We make no representation that we will meet your expectations.
- Limited Liability. IN NO EVENT SHALL GAZELLE, 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 GAZELLE UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
- Corrections . The Whiz Cells may have errors or inaccuracies and as such corrections can be made at any time.
- Modify. The Whiz Cells reserves the right to modify this agreement at any time. If you do not agree with the changes the use of the site will be discontinued.
- 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 TENNESSEE LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. 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 JOHNSON CITY, TN, 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.