ReVamp Electronics, and its parent, subsidiaries and affiliates ("ReVamp Electronics," "we," or "us") offers services (the "ReVamp Electronics Services") through which you can
About These Terms. These terms govern
Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with ReVamp Electronics, you must:
Product Eligibility. ReVamp Electronics determines, in its sole discretion, which Products are eligible for purchase or sale by or through the ReVamp Electronics Services and ReVamp Electronics Websites and for which eligible Products ReVamp Electronics will provide an offer or sell. ReVamp Electronics 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 an offer, which is good for thirty (30) days, except as set forth in Section 9 below. ReVamp Electronics reserves the right to cancel any Purchase and refund any applicable purchase price actually received by ReVamp Electronics at any time prior to delivery of the Product to You.
Condition Defined for Trade-In and Purchase. ReVamp Electronics uses three (3) basic Product conditions to grade Products for Trade-In, ranging from "Flawless" or "No Noticeable Flaws" to "Broken" or "Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, ReVamp Electronics's Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good or Normal wear and tear: the item has visible signs of use, but is otherwise 100% functional. Broken or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the ReVamp Electronics Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at ReVamp Electronics's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting ReVamp Electronics's customer care. ReVamp Electronics offers two (2) Product conditions for Purchase: (i) "ReVamp Electronics Certified Good", which means all Product features work (except for those requiring carrier service or data plans, which must be purchased separately if so desired) and the device may include minor scratches; and "ReVamp Electronics Certified Like New", which means all Product features work (as noted above) and is cosmetically like new. All Products available for Purchase are, where applicable, eligible for activation on the carrier network identified for that particular device.
Product Valuation. All offers will be based on ReVamp Electronics's own determination of the Product value in reliance on the accuracy of the information you supply us. ReVamp Electronics will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to ReVamp Electronics at the offered price. If you do not accept ReVamp Electronics's offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to ReVamp Electronics and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). The Products and the sale and shipment of such items to ReVamp Electronics:
Sending ReVamp Electronics Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by ReVamp Electronics in the package you received. For Trade-In, 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 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 from the Product before you send your Product to us for Trade-In. Likewise for Products you Purchase from ReVamp Electronics and returned to ReVamp Electronics in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to ReVamp Electronics. ReVamp Electronics's standard practice is to remove all such data from the Product; however, ReVamp Electronics makes no guarantee that it will do so. By sending ReVamp Electronics the 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 ReVamp Electronics (whether in connection with a Trade-In or a Purchase), or for such data's security, integrity, confidentiality, disclosure or use. ReVamp Electronics is not responsible for:
Product Inspection; Offer Recalculation. Your Trade-in Product must be received by ReVamp Electronics within thirty (30) days after you accept the original offer provided by ReVamp Electronics and complete the check- out process on the ReVamp Electronics Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by ReVamp Electronics should be followed in order to avoid possible damage to or loss of the Product in transit. ReVamp Electronics will inspect all Products that are received. ReVamp Electronics 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 any Product damaged or lost in transit. Products LOST IN TRANSIT are covered by USPS or FedEx Default Base Claim Amount (if applicable). If no claim is applicable ReVamp Electronics is not liable for lost parcels. If ReVamp Electronics rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. ReVamp Electronics reserves the right to revoke the original offer and provide a revised offer for the Product if:
Recalculated Product Offers after Inspection. In the event ReVamp Electronics recalculates the offer it provided for the Product after it has been received and inspected for Trade- In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, ReVamp Electronics will return the Product to you at the address from which it was originally sent. ReVamp Electronics will give you a period of fifteen (15) days after ReVamp Electronics presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). ReVamp Electronics will also remind you of the outstanding new offer two more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
Releasing Rights to Product. Once you send ReVamp Electronics your Product for Trade-In, ReVamp Electronics 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 ReVamp Electronics rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to ReVamp Electronics for Trade-In until delivery of the same to ReVamp Electronics. You are responsible for any damages that may occur to your Product while in transit. ReVamp Electronics is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event ReVamp Electronics returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once ReVamp Electronics delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit. If you return a Product to ReVamp Electronics that you Purchased, you are responsible for the risk-of-loss for the Product until ReVamp Electronics receives the Product. You are responsible for any damages that may occur to the Product while in transit back to ReVamp Electronics.
Passing of Title. Title to the applicable Product sent to ReVamp Electronics for Trade-In passes to ReVamp Electronics upon ReVamp Electronics's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Non-Transferable. Any offer by ReVamp Electronics for your Product for Trade-In is nontransferable and not redeemable for any other consideration other than what is offered by ReVamp Electronics.
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 any 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 authorizations and clearances in order to convey any Product to ReVamp Electronics in connection with a Trade-In, 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 ReVamp Electronics for sale, any Products that would violate the provisions of this Section 15.
Promotions. From time to time, and at ReVamp Electronics's sole discretion, ReVamp Electronics 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. ReVamp Electronics reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. ReVamp Electronics 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, ReVamp Electronics reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to ReVamp Electronics for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a reissued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to ReVamp Electronics, ReVamp Electronics will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize ReVamp Electronics to provide you with terms and important notices about ReVamp Electronics and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.ReVamp Electronics.com. It is your duty to keep your email address accurate and 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 ReVamp Electronics Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.ReVamp Electronics.com.
Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the ReVamp Electronics Websites and the ReVamp Electronics Services, including all devices, Internet browsers and Internet access. If you access the ReVamp Electronics Website and the ReVamp Electronics 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.
Use of Services. By using ReVamp Electronics Websites, you agree not to
No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE REVAMP ELECTRONICS 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 REVAMP ELECTRONICS WILL MEET YOUR REQUIREMENTS.
Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVAMP ELECTRONICS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "REVAMP ELECTRONICS PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 REVAMP ELECTRONICS UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF REVAMP ELECTRONICS AND THE REVAMP ELECTRONICS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE REVAMP ELECTRONICS SERVICES AND REVAMP ELECTRONICS WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE REVAMP ELECTRONICS SERVICES.
Indemnity. You agree to indemnify, defend, and hold harmless ReVamp Electronics and the ReVamp Electronics Parties 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 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 ReVamp Electronics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The ReVamp Electronics Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. ReVamp Electronics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ReVamp Electronics does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. ReVamp Electronics reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the ReVamp Electronics Websites and/or the ReVamp Electronics Services. Your continued use of any ReVamp Electronics Website and/or ReVamp Electronics Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to ReVamp Electronics, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the ReVamp Electronics Websites.
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 MASSACHUSETTS 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 SUFFOLK COUNTY, MASSACHUSETTS, 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 [email protected]