Terms of Sale Agreement
Buy Back Pros LLC LLC TradeMark; ("BuyBackPros.com") offers services through which you can sell, or recycle certain Broken, Used, or NEW Apple products ( the "Products") after receiving a "quote" from BuyBackPros.com. You must agree to abide by the following terms in order to use the Buy Back Pros LLC Services on BuyBackPros.com.
BY SETTING UP AN ACCOUNT, OR BY USING Buy Back Pros LLC's WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
About These Terms. These terms govern any offer that you make to sell or to recycle your Apple Product to or through BuyBackPros.com. These terms, the terms that govern your use of Buy Back Pros LLCs's web sites ("BuyBackPros.com"), the Buy Back Pros LLC Services and any and all applications included therein, which terms are located at http://www.BuyBackPros.com/legal, the terms of Buy Back Pros LLC's privacy disclosures located at http://www.BuyBackPros.com/legal, the terms of Buy Back Pros LLC's Sale agreement located at http://www.BuyBackPros.com/sale_agreement and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you (the Customer) and Buy Back Pros LLC (the "Agreement"). 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 "BuyBackPros.com," "we" or "us" means BuyBackPros.com and its affiliates and subsidiaries.
Requirements. In order to complete the sale or recycling of your Apple Product to or through Buy Back Pros LLC or to complete any other transaction with Buy Back Pros LLC, you must:
Create an account with us;
Provide true, up to date and accurate account information about yourself and any Product you offer to us;
Comply with all terms and conditions of this Agreement;
Comply with all applicable laws and regulations, including all import and export laws as described in Section 13 below;
Transact on behalf of yourself and not on behalf of others; and
Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
Product Eligibility. While BuyBackPros.com strives to provide a quote on each Product you may wish to sell or recycle, Buy Back Pros LLC determines, in its sole discretion, which Products are eligible for purchase or recycling by or through the Buy Back Pros LLC Services and for which eligible Products Buy Back Pros LLC will provide a quote for.. Buy Back Pros LLC may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted a quote to.
Condition Defined. Buy Back Pros LLC uses four (5) Product conditions to grade Products, ranging from "NEW" to "DEAD." Conditions can widely vary between categories and types of Products. Broadly, Buy Back Pros LLC's Product definitions are as follows:
New: Item is Brand New and has never been Used before, Item is still sealed in original manufacture packing and box. Factory Sealed.
Perfect: Item is in Mint Condition with no-known sign of use or scratches, Works like it did when item was new. May or may not have original box or packing
Good: Item has Normal wear and tear with few scratches on surface. Everything Works Great and does not look damaged.
Damaged: Item has physical or functional issues such as cracked body, damaged display, missing parts, dents, deep scratches, personalization(s), etc. iCloud password lock.
Dead: Does not power on or frame damaged.
The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product are included on BuyBackPros.com. Condition definitions are subject to change at Buy Back Pros LLC's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting Buy Back Pros LLC's customer support.
Product Valuation; Product Recycling. All quotes will be based on Buy Back Pros LLC's own determination of the Product value in reliance on the accuracy of the information you supply us. Buy Back Pros LLC will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition. Upon receiving a quote, you have the option of accept or to reject that quote. Acceptance indicates you are willing to provide your Product to Buy Back Pros LLC at the quoted price. If Buy Back Pros LLC determines that the Product has nominal value, Buy Back Pros LLC may provide you a quote of $0. If you decide to continue and accept Buy Back Pros LLC's quote of $0, you will send the product to Buy Back Pros LLC and Buy Back Pros LLC will accept the Product for recycling. If you do not accept Buy Back Pros LLC's quote, the specific transaction expires. If after rejecting the quote you change your mind and want to accept the quote, you will need to open another transaction with us at which point the quote may be different.
Fitness for Sale. You must own the right, title, and interest in any and all Products you seek to sell or recycle to Buy Back Pros LLC. The Products and the sale and shipment of such items to Buy Back Pros LLC: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 13 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and ( c) 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 Buy Back Pros LLC Services, you agree to indemnify Buy Back Pros LLC from all claims or losses sustained by Buy Back Pros LLC as a result of any breach of this warranty.
Sending Buy Back Pros LLC Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your Product (e.g., operating systems disks).. 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.
Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Buy Back Pros LLC's standard practice is to remove all such data from your Product, however, Buy Back Pros LLC makes no guarantee that it will do so. By sending Buy Back Pros LLC your Product, you agree to 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 Buy Back Pros LLC or for such data's security, integrity, confidentiality, disclosure or use. Buy Back Pros LLC is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
Product Inspection; Quote Recalculation. Your Product must be received by Buy Back Pros LLC within thirty five (35) days after you accept the original quote by Buy Back Pros LLC (the "Delivery Period"). Packing and shipping recommendations provided to you by Buy Back Pros LLC should be followed in order to avoid possible damage to or loss of the Product in transit. All Products that are received will be inspected by Buy Back Pros LLC. Buy Back Pros LLC has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or anyProduct damaged or lost in transit. Buy Back Pros LLC reserves the right to recalculate the original quote for the Product if: (a) the Product and/or materials are not as described, and/or (b) the Product is received by Buy Back Pros LLC after the Delivery Period. In the event Buy Back Pros LLC recalculates the quote, you shall have the option of accepting or rejecting the new quote. If you accept the new quote, you will be paid in normal course and in accordance with these service terms. If you reject the new quote, Buy Back Pros LLC will return the Product to you at the address from which it was originally sent. Buy Back Pros LLC will give you a period of five (5) days after Buy Back Pros LLC presents you with a recalculated quote to accept or reject the new quote (the "New Quote Period"). Buy Back Pros LLC will also remind you of the outstanding new quote one or more times during the New Quote Period. However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote in normal course and in accordance with these service terms. For avoidance of doubt, your acceptance of the original quote and/or any new quote is final and you may not change your mind later about accepting such quotes.
Releasing Rights to Product. Once you send Buy Back Pros LLC your Product, Buy Back Pros LLC 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 in such Product. Of course, if Buy Back Pros LLC rejects the Product or you do not accept any new quote for the Product the product will be send back to the owner.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products until delivery of the same to Buy Back Pros LLC. You are responsible for any damages that may occur to your Product while in transit. Buy Back Pros LLC is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Buy Back Pros LLC returns your product to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once Buy Back Pros LLC delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
Passing of Title. Title to the applicable Product passes to Buy Back Pros LLC upon Buy Back Pros LLC's acceptance of the Product for the original quote or the new quote, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary
Non-Transferable. Any quote by Buy Back Pros LLC for your Product is non-transferable and not redeemable for any other consideration other than what is quoted by Buy Back Pros LLC.
Authorizations and clearances in order to convey your Product to Buy Back Pros LLC, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Buy Back Pros LLC for recycling, donation or for sale, any Products that would violate the provisions of this Section 13.
Promotions. From time to time, and at Buy Back Pros LLC's sole discretion, Buy Back Pros LLC may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Buy Back Pros LLC reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. Buy Back Pros LLC makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Buy Back Pros LLC reserves the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the quote. In the event the Product has already been sent to Buy Back Pros LLC, the changed quote will become a New Quote subject to the processes set forth in Section 9. Otherwise, the changed quote will be a re-issued original quote, which you may accept or reject.
(c) Void a transaction. If the Product was already sent to Buy Back Pros LLC, Buy Back Pros LLC will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 10.
Electronic Notices and Transactions
You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell, donate, or recycle your Product by electronic means. You authorize Buy Back Pros LLC to provide you with terms and important notices about Buy Back Pros LLC and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) at www.BuyBackPros.com It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review the Agreement by clicking on the "Legal" link at BuyBackPros.com
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Buy Back Pros LLC Websites and the Buy Back Pros LLC Services, including all devices, Internet browsers and Internet access. If you access the Buy Back Pros LLC Website and the Buy Back Pros LLC Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
No Warranties. WE PROVIDE THE Buy Back Pros LLC SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH Buy Back Pros LLC WILL MEET YOUR REQUIREMENTS.
Limited Liability. IN NO EVENT SHALL Buy Back Pros LLC, 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 Buy Back Pros LLC 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.
Indemnity. You agree to indemnify, defend, and hold harmless Buy Back Pros LLC, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes 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 Buy Back Pros LLC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 10, 12, 14, 17, 18 and 20 through 26 shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The Buy Back Pros LLC Website (BuyBackPros.com) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Buy Back Pros LLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Buy Back Pros LLC does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. Buy Back Pros LLC reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Buy Back Pros LLC Websites and/or the Buy Back Pros LLC Services before the changes take effect. Your continued use of Buy Back Pros LLC after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with Buy Back Pros LLC, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at http://www.BuyBackPros.com/legal . The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
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 MISSOURI 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 St. Louis, MISSOURI, 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.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email help@BuyBackPros.com
Last Updated: 23 Feb 2016