TradeUpCashOut.com ("TUCO") offers services (the "TUCO Services") through which you can sell to TUCO certain consumer electronics (the "Product") after receiving an "offer" from TUCO. You must agree to abide by the following terms in order to use the TUCO Services.
BY SETTING UP AN ACCOUNT, OR BY USING TUCO'S WEBSITE, FOR THE PURPOSE OF SELLING PRODUCTS TO TUCO YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS:
- About the Selling Agreement Terms
These terms govern any offer that you make to sell your Product to or through TUCO. These terms, the terms that govern your use of TUCO's website, the TUCO Services and any and all applications included therein, which terms are located at http://www.tradeupcashout.com/website_terms_of_use, the terms of TUCO's privacy disclosures located at http://www.tradeupcashout.com/privacy_policy and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and TUCO (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing that is signed or notarized, with or without witnesses. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "we" or "us" means TUCO and its affiliates and/or subsidiaries.
In order to complete the sale of your Product to or through TUCO or to complete any other transaction with TUCO, 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 15 below;
- Transact on behalf of yourself and not on behalf of others;
- Have the legal capacity to enter into agreements and contracts and be able 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 through the United States Postal Service or similar carriers (if applicable based upon payment method selected), 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 TUCO strives to provide an offer on each Product you may wish to sell, TUCO determines, in its sole discretion, which Products are eligible for purchase by or through the TUCO Services and for which eligible Products TUCO will provide an offer. TUCO 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.
- Condition Definitions
TUCO uses four (4) Product conditions to grade Products, ranging from "New" to "Broken." Conditions can widely vary between categories and types of Products. Broadly, TUCO's Product definitions are as follows:
- New: the item is a new and unused Product, in perfect condition with no scratches, scuffs, or signs of use.
- Good: the item has evidence of normal use, such as light scratches or scuffs, but is otherwise perfectly functional.
- Fair: item functions perfectly but has major scratches and/or dents.
- Broken: the item has physical or functional issues such as cracked body, damaged display, missing or broken parts, dents, deep scratches, personalization(s), etc.
The above definitions are general guidelines for Product conditions. More specific condition definitions specific to the category and/or type of Product are included during your usage of the TUCO Website instant offer process and serve as the effective condition definitions for that product. Condition definitions are subject to change at TUCO's discretion. If you are uncertain about your Product's condition, please contact TUCO at http://www.tradeupcashout.com/contact.
- Product Evaluations
All offers will be based on TUCO's own determination of the Product value in reliance on the accuracy of the information you supply to us through your usage of the instant offer process on the TUCO website. TUCO will use, at its sole discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition. Upon receiving an offer for a Product, you have the option of adding your Product to your cart or checking out. You may add multiple devices to your cart to comprise your Product and the total offer of your Product will be displayed. During your instant offer process you may not receive an offer for certain items, at which point you can either add other items that may qualify or contact us if you believe that the device has a value exceeding our nominal acceptance values. Once you have completed your offer process you may accept the TUCO offer total by registering and shipping your devices. If you do not accept TUCO's offer, simply cancel your transaction and the specific transaction will expire and no longer be valid. If, at any time, you choose to accept your offer after rejecting or cancelling your transaction, you will have to start a new transaction process. Please note that offer prices may be lower than before due to fluctuations in average market pricing, conditions you provide and markdowns that may be set by TUCO.
- Fitness for Sale
You must own the right, title, and interest in any and all Products you seek to sell to TUCO. The Products, sale and shipment of such items to TUCO: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 15 below, (b) may not infringe on any 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 TUCO Services, you agree to indemnify TUCO from all claims or losses sustained by TUCO as a result of any breach of this warranty.
If, at any time during / after the inspection process, that TUCO discovers that any device(s) received has / have been reported as lost or stolen property, TUCO shall, within a reasonable timeframe, turn over said device(s) to the party / parties whom have reported the device(s) stolen. The transaction associated with the device(s) will be archived and all information associated with the transaction will be forwarded to legal / law enforcement entities as required. The transaction will be considered null and void after archiving and requests for recovery of devices will not be honored.
- Sending Your Product
When packaging your Product, be sure to include all materials included in your description when we calculated your offer, as well as any other materials that came with your Product and any accessories that you reported you would send with your Product. This may include software, accessories, cables, chargers, batteries, adapters, and/or manuals. Failure to include any items you indicated you would send when you utilized the TUCO instant offer process, 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 offer. You must also take reasonable measures to ensure your Products are properly packaged to prevent damage during shipping transit.
- Removing Data From Your Product
For Products involving devices that store files and/or personal data on hard drives, memory chips, SIM cards 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. TUCO's standard practice is to remove all such data from your Product, however, TUCO makes no guarantee that it will do so. By sending TUCO 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 TUCO, or for such data's security, integrity, confidentiality, disclosure or use. TUCO 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 sent your Product to TUCO.
- Product Inspection; Offer Recalculation; Return Circumstances; Shipping Reimbursement
Your Product must be received by TUCO within thirty (30) days after you accept the original offer by TUCO (the "Delivery Period"). Packing and shipping recommendations provided to you by TUCO 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 TUCO. TUCO 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.
TUCO reserves the right to recalculate the original offer for the Product if: (a) the Product, accessories and/or materials are not as you had described, and / or (b) the Product is received by TUCO after the Delivery Period, and / or (c) the Product did not arrive with a functional battery, and / or (d) the Product received is not functional. In the event TUCO recalculates the offer, you shall have the option of accepting or rejecting the new offer. You have a period of five (5) days after TUCO presents you with a recalculated offer to accept or reject the new offer (the "New Offer Period"). If the new offer is neither accepted or 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 in normal course and in-accordance-with these general selling agreement terms.
If TUCO discovers that any device(s) received is / are still under a service agreement with a wireless carrier then your offer will be adjusted accordingly. Your original Product offer can be reinstated if you clear the related services within five (5) days of notification.
If you accept the new offer, you will be paid in normal course and in-accordance-with these general selling agreement terms. Your acceptance of the original offer and / or any new offer is final and cannot be changed after your acceptance.
If you reject the new offer, your transaction will be automatically archived and you will have the option of reimbursing TUCO the initial shipping amount (the amount TUCO had to spend to receive your device) and also for the return shipping (the amount TUCO will spend to return your device) to have your Product sent back to you, otherwise the Product becomes property of TUCO. The current shipping reimbursement fee is $20.00. By rejecting an adjusted offer, you will be sent an e-mail containing a unique link to PayPal™ where you will be able to pay the reimbursement fee online with a credit / debit card or PayPal™ account or you can mail a money order to TUCO. Your Product will not be returned until the shipping reimbursement fee is received by TUCO. If payment is not received for the shipping reimbursement fee within fourteen (14) calendar days from the date of notification, the Product associated with the transaction will become property of TUCO. However, if payment is made within the allotted time, TUCO will return the Product to you at the address which is on file for the account associated with the transaction. Shipping reimbursement payments received after the allotted period will be reimbursed or sent back at the discretion of TUCO management. You may change your address at any time before your Product is returned to you by signing into your account and utilizing the "Profile Manager" or by contacting TUCO here.
For transactions that are not completed or archived, for reasons other than offer rejections and transactions that contain lost or stolen devices, and you wish to have your Product sent back to you, the same reimbursement method applies. When your transaction is archived (by your request or by reasons deemed necessary by TUCO), you will be provided the option to pay the shipping reimbursement fee via PayPal™ or money order within fourteen (14) calendar days of the e-mail notification to get your Product returned to you. If payment is not made within the allotted time from the notification, the Product will become property of TUCO.
Devices that are reported as lost / stolen are not eligible for return unless you are able to contact the third-party that has made the report of the device being lost / stolen and cleared said status. If you are unable or unwilling to clear a lost / stolen status on a device, that device will be sent by TUCO to the third-party (wireless carrier, individual or law enforcement) as required. All other devices will become property of TUCO. However, if you are able to clear the lost / stolen status and TUCO is able to verify that the devices are cleared for transfer of ownership, TUCO will re-activate your transaction and adjust your offer (as necessary). If any offer adjustments are made, the same process above, reference New Offer Period, will apply.
- Payments and Applicable Deductions
All payments for offers will be made in USD. TUCO will pay you for your Products based on the payment method you select during acceptance and registration after utilizing the TUCO Instant Offer Process on the TUCO website. You may choose to change your payment method prior to TUCO making payment for your Product offer if you do so within twenty-four (24) hours after your device has been inspected and we have notified you of such. Payment method change requests after that time frame may not be honored, yet payment will be made in-accordance-with your originally selected payment method. Current payment methods include:
- Check (no processing fee)
- Money order ($10.00 USD processing fee*)
- Wal-Mart gift card ($10.00 USD processing fee*)
- Pre-Paid Visa card ($15.00 USD processing fee*)
- PayPal Instant Transfer (no processing fee)
Processing fees are subject to change. Checks, money orders, Wal-Mart gift cards and Pre-Paid Visa cards will be remitted via postal mail to the registered address on the user account at the time of remittance.
Payments will be issued to you based on the following schedules after Product inspection and verification has been confirmed. This schedule provides that the Product you send and the information you provided match and there is no need for a recalculated offer:
- Check, money order, Wal-Mart gift card, Pre-Paid Visa: within three (3) to seven (7) days after Product inspection and verification.
- PayPal™ Instant Transfer: within twenty-four (24) hours after Product inspection and verification.
Payments made by check are valid for 90 days from date of issuance. Check will not be honored by our bank if not deposited within that time. New checks will not be sent if you fail to deposit the original payment.
If there is a need for a recalculated offer, the above payment schedule takes effect when, and if, you accept the new offer from TUCO for your Product. Of course, if TUCO rejects the Product or you do not accept any new offer for the Product pursuant to Section 9 ("Return Circumstances"), your Product will be returned to you as set forth in Section 9.
- Lost Payments
If you opt to receive a payment method that is mailed to you and you lose it or it gets destroyed then, based upon the payment method you selected, will require a $5 USD reissue service fee in addition to any processing fees. Payment methods cannot be changed once the original payment has been issued. If your offer total is not enough to cover the new re-issue fee and applicable payment method processing fees, payment will not be issued again and we will notify you as such.
- Releasing Rights to Product
Once you send TUCO your Product, TUCO 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 TUCO rejects the Product or you do not accept any new offer for the Product pursuant to Section 9 ("Return Circumstances"), your Product will be returned to you as set forth in Section 9.
You understand that you remain responsible for the risk-of-loss for the Products until delivery of the same to TUCO. You are responsible for any damages that may occur to your Product while in transit. TUCO is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event TUCO returns your product to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once TUCO delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
- Passing of Title and Ownership
Title and ownership to the applicable Product passes to TUCO upon TUCO'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 if the conditions of shipping fee reimbursement are met pursuant to Section 9.
Any offer by TUCO for your Product is non-transferable and not redeemable for any other consideration other than what is offered by TUCO.
- 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 authorizations and clearances in order to convey your Product to TUCO, 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 TUCO for sale, any Products that would violate the provisions of Section 15 of this general selling agreement terms.
From time-to-time, and at TUCO's sole discretion, TUCO may offer promotional programs as an incentive to our 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. TUCO reserves the right, in its sole discretion, to cancel or refuse promotions.
- Accuracy of Information
TUCO makes every effort to ensure the accuracy of all information you receive in relation to your Product. However, it is possible that there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, TUCO reserves the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the offer. In the event the Product has already been sent to TUCO, the changed offer will become a New Offer subject to the processes set forth in Section 9. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject.
(c) Void a transaction. If the Product was already sent to TUCO, TUCO 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 your Product by electronic means. You authorize TUCO to provide you with terms and important notices about TUCO and your transactions to an email address you provide to us or by posting notices on an applicable page (account area) on the TUCO website. 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 should discontinue usage of the TUCO Website.
- Access to the TUCO website
You are responsible for obtaining at your own expense all equipment and services needed to access and use the TUCO Websites and the TUCO Services, including all devices, Internet browsers and Internet access. If you access the TUCO Website and the TUCO 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.
- Disclaimer of Warranties
WE PROVIDE THE TUCO 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 TUCO WILL MEET YOUR REQUIREMENTS.
- Limited Liability
IN NO EVENT SHALL TUCO, 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 TUCO 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.
You agree to indemnify, defend, and hold harmless TUCO, 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 party / 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 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 TUCO 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, 13, 15, 18, 19 and 21 through 27 shall survive termination of this Agreement.
- Correction of Errors and Inaccuracies
The TUCO Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. TUCO therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. TUCO does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
TUCO reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the TUCO Websites and/or the TUCO Services before the changes take effect. Your continued use of TUCO after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale with TUCO, you reaffirm your acceptance of this Agreement. You are responsible for periodically reviewing this Agreement. The last date this Agreement was revised / modified is set forth above. 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 OKLAHOMA 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 BEING INFORMED OF THIS AGREEMENT, 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 LAWTON, COMANCHE COUNTY, OKLAHOMA, 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.