Seller Agreement, Terms and Conditions
LLC (the "Company") provides an in-store and online process
for consumers to sell their previously owned and/or unused wireless
handset(s) and/or Apple iPod player(s) as well as other devices (the
"Products") (the "Services"). The Company will
pay full value for the items received under the terms and conditions
of this Agreement as stated below. We reserve the right to amend or
alter these Services at our sole discretion.
THE USE OF THIS SITE AND THE SERVICES IS GOVERNED BY THE POLICIES, TERMS AND CONDITIONS SET FORTH BELOW IN THIS SELLER AGREEMENT ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR REGISTRATION, YOUR USE OF THIS SITE AND YOUR PLACEMENT OF A TRANSACTION AND/OR AN ORDER INDICATES YOUR ACCEPTANCE OF THESE POLICIES, TERMS AND CONDITIONS.
WE MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON OUR SITE. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
Your use of the Company's Services either in-store or on-line may be terminated or suspended by us if you do not comply with this Agreement, our policies and procedures, or for any other reason we determine necessary, in our sole discretion.
Seller's Representations and Warranties
(the "Seller") represents and warrants that: (A) the Seller
is not under the age of eighteen (18); (B) the Seller has all the
necessary right, title, and authorization to produce and distribute
the Product(s) and to permit the Company to offer, sell, and deliver
the Product(s) to any third party; (C) the Product(s) and the rights
granted under this Agreement do not infringe the proprietary rights,
including, without limitation, copyrights, patents domain names,
trademark rights or any other intellectual property rights, of any
third party; (D) the description of the Product(s) is truthful,
accurate and complete. The Seller also represents and warrants that
the description of the Product(s) and the Product(s) are not: (i)
false, inaccurate, or misleading; (ii) fraudulent or involve the sale
of counterfeit or stolen items; (iii) in violation of any law,
statute, ordinance, or regulation (including, but not limited to
those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising).
Seller understands and agrees that the registration requires the
completion of the Seller's registration form with accurate and
complete contact names, shipping address, billing address, and e-mail
address. The Company shall not be held responsible for communication
errors should the Seller's contact information be inaccurate or
incomplete. In addition the Seller must make sure that they can
receive emails from the Company. The Company is not responsible for
any e-mails that are blocked or filtered as spam.
shipment of the Seller's Products confirms the Seller's acceptance of
the Company's price and condition offer. The Company's price offer
will only be valid for 15 days from the date the offer is made. It is
the responsibility of the Seller to ship all of Product(s) using one
of the shipping methods provided by the Company such that the
products are received by the Company within 15 days of the initial
Company will provide Seller with a prepaid, preaddressed shipping label sent to the Seller provided email address for the Seller to send Products to the Company.
Title and risk of loss remains with the Seller until the Product(s) are received by the Company, at which point title and risk of loss transfers to the Company. It is at the Seller's discretion to acquire shipment insurance beyond the shipper's standard coverage.
of Mobile Phone Service
It is the responsibility of the Seller to discontinue service on mobile phones sold to the Company prior to shipment of Product(s). The Company is not responsible for previous or subsequent airtime charges accrued prior, during, or after any transaction. Should any airtime charges be accrued, it is the responsibility of the original Seller and service provider to resolve payment issues.
Seller Private Information
It is the responsibility of the Seller to, and you must, remove any and all personal information from all the Product(s) including but not limited to, phonebook entries, personal codes, e-mail addresses, personal addresses, IM addresses, photos, and all downloaded and/or stored files prior to shipment of the Products to the Company. The Company shall bear no liability to you should the Seller not delete any and all data or information on the Product(s).
In addition, you must remove any and all codes that would prevent the Company from having the ability to use, refurbish or resell the Product(s).
Receipt of Product(s) and Quality Verification
will notify Seller of receipt of products. If Seller has provided all
of the Products as detailed in the Initial Transaction and if Company
verifies that the Product(s) are in the condition as identified by
the Seller in the Initial Transaction the Company will provide
payment as detailed below.
Finally, irrespective of what kind of item(s) you are returning, we require that you send all original accessories with the item in order to obtain the full value quoted on the original appraisal, including chargers, power adapters, hard drives, and rechargeable batteries.
Exceptions and Return Policy
only a portion of the Product(s) listed on the Initial Transaction
are received by the Company ("Partial Shipment"), Company
will provide Seller an email detailing which Product(s) have been
received and their value. The new value will constitute a New Offer
from the Company. The Seller may log into their account and accept or
reject the New Offer. If the Company does not receive a response
within 5 days the New Offer will be deemed to be accepted. If the New
Offer is not rejected the Company will provide payment at the new
value as detailed below. If the Seller rejects the New Offer, the
Seller may have the Product(s) returned.
If Company determines the Product(s) condition are inconsistent with the Seller's description as identified on the Initial Transaction, the Company will provide Seller an email detailing the determined condition and a New Offer. The Seller may log into their account and accept or reject the New Offer. If the Company does not receive a response within 5 days the New Offer will be deemed to be accepted. If the New Offer is not rejected the Company will provide payment at the new value as detailed below. If the Seller rejects the New Offer, the Seller may have the Product(s) returned.
If Company receives Product(s) that are different from the Initial Transaction, the Company will provide the Seller with a description of the Product(s) that were received and their value. The new value will constitute a New Offer from the Company. The Seller may log into their account and accept or reject the New Offer. If the Company does not receive a response within 5 days the New Offer will be deemed to be accepted. If the New Offer is not rejected the Company will provide payment at the new value as detailed below. If the Seller rejects the New Offer, the Seller may have the Product(s) returned.
If Seller sends multiple Products CExchange may at its discretion accept and process the items that match the original description as detailed in the Seller’s Initial Transaction and offer a New Offer as outlined in this section for the other items that don't match either the make, model, accessories or conditions. In the event that CExchange accepts only certain items from the order, the customer may request a return of the items that do not match their original appraisal, but will not be able to request a return of the accepted items.
In all cases, should the Seller receive a New Offer from the Company, the original offer to purchase under the original terms and conditions is immediately rescinded.
CExchange reserves the right to notify you in the case of an errant offer based on a database error and return the device(s) to you at no cost to you.
The CExchange video game trade-in program is intended solely for consumers, and is not a commercial wholesale outlet. As such, only two copies of the same video game title will be accepted per customer during a rolling 30-day window. Any orders in excess of the level set by this policy will be cancelled preemptively by CExchange. On orders shipped to CExchange physically containing more than two of the same title, the customer will only receive credit for two of the games.
will be made within 30 business days of the verification of Products
or of acceptance of New Offer as detailed above.
pricing is subject to change without notice. For all prices, products
and offers, the Company reserves the right to make adjustments at any
time in its sole discretion, but will honor all offers accepted, even
if prices, products or offers subsequently change. The Company
reserves the right to void any transaction and return the Product(s)
to the Seller.
are small pieces of information that are stored by your browser on
your trading experience.
Use of Services
specifically agree not to access (or attempt to access) any of the
Services through any automated means (including use of scripts or web
crawlers) and shall ensure that you comply with the instructions set
out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
may contact the Company at CustomerService@cexchange.com.
Copyright and Trademark Notice
Company is owned and operated by CEXCHANGE, LLC. Unless otherwise
specified materials appearing on this site, including the text, site
design, logos, graphics, icons, and images, as well as the selection,
assembly and arrangement thereof, are the sole property of CEXCHANGE,
No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission.
All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All trademarks or service marks are property of their respective owners. The use of any trademark or service mark without the express written consent of the respective owner is strictly prohibited.
site may contain links to other sites on the Internet that are owned
and operated by third parties.
Agreement and your use of the Services in no way constitute or give
rise to a partnership, joint venture or other relationship between
the parties. Each of us will operate under the terms of this
Agreement as an independent contractor and not as an agent for the
limiting other remedies, the Company may immediately terminate the
Services, and refuse to provide future Services to the Seller if: (A)
the Seller breaches this Agreement, (B) the Company is unable to
verify or authenticate any information provided by the Seller, (C)
the Company believes that the Seller's actions may cause financial
loss or legal liability for the Seller, the Company, or any of its
affiliates or customers, or (D) the Company suspects that the Seller
(by conviction, settlement, insurance or escrow investigation, or
otherwise) has engaged in fraudulent activity in connection with 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.
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
Waiver of Consequential Damages
NO EVENT WILL THE COMPANY BE LIABLE TO SELLER FOR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE 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.
Company's aggregate liability and the liability of its officers,
managers, employees, suppliers, and business partners to the Seller
or any third parties in any circumstance is limited to the greater of
(A) the estimated value of the Product(s) as stated in the Initial
Transaction or (B) $50.
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 Texas, 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 email, 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 Seller at the addresses provided in the registration. 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 unenforceability or invalidity 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.