WEBUYPHONES PTY LTD (doing business as WEBUYPHONES), and its parent, subsidiaries and affiliates (“WEBUYPHONES,” “we,” or “us”) offers services (the “WEBUYPHONES SERVICE”) through which you can (i) sell certain consumer electronic products (the “Products”) after receiving an “offer” from WeBuyPhones by identifying your Product and its condition and completing check-out on the WEBUYPHONES Websites (each transaction, a “Trade-In”) and (ii) buy Products (each sale, a “Purchase”). You must agree to abide by the following terms in order to use the WEBUYPHONES Services and/or the WEBUYPHONES Websites. BY SETTING UP AN ACCOUNT, OR BY USING WEBUYPHONES  WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE WEBUYPHONES WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. WEBUYPHONES reserves the right to terminate or suspend your use of the WEBUYPHONES Websites and/or the WEBUYPHONES Services if you do not comply with this Agreement or any other WEBUYPHONES policy or procedure, or for any other reason we determine, in our sole discretion.

 

 

 

About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through WeBuyPhones’s Website and (ii) any Product you purchase from WeBuyPhones’s Website. These terms, the terms that govern your use of WeBuyPhones’s websites, including WeBuyPhones.co.za (“WeBuyPhones Websites”), the WeBuyPhones Services and any and all applications included therein, which terms are located at www.WeBuyPhones.co.za/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and WeBuyPhones (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.

 

Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with WeBuyPhones, you must: (i) Submit a estimate request (Trade-In transaction only); (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age 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 in connection with a Trade-In, 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. In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address

 

Product Eligibility. WeBuyPhones determines, in its sole discretion, which Products are eligible for purchase or sale by or through the WeBuyPhones Services and WeBuyPhones Websites and for which eligible Products WeBuyPhones will provide an offer or sell. WeBuyPhones 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 (2) days, except as set forth in Section 9 below. WeBuyPhones reserves the right to cancel any Purchase and refund any applicable purchase price actually received by WeBuyPhones at any time prior to delivery of the Product to You.

 

Condition Defined for Trade-In and Purchase. WeBuyPhones uses three (3) basic Product conditions to grade Products for Trade-In, ranging from “New” or “Unused” to “Used” and “Broken.” Conditions can vary widely between categories and types of Products. Broadly, WeBuyPhones’s Product definitions are as follows: New : The item has never been used and contains all factory stickers on device and accessories (can be resold as brand new) Used : wear and tear: the item has visible signs of use, but is otherwise 100% functional (any crack or damage to screen deems device broken). Broken: Device powers on and works perfectly but the screen is cracked

 

Product Valuation. All offers will be based on WeBuyPhones’s own determination of the Product value in reliance on the accuracy of the information you supply us. WeBuyPhones 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 WeBuyPhones at the offered price. If you do not accept WeBuyPhones’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. WeBuyphones reserves the right to change the final offer at its own discretion without any reason. The seller can decide to accept or decline this final offer after expection

 

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 WeBuyPhones 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). By using the WeBuyPhones Services, you agree to indemnify WeBuyPhones from all claims or losses sustained by WeBuyPhones as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to WeBuyPhones. WeBuyPhones is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.

 

Sending WeBuyPhones 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 WeBuyPhones 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.

Product Inspection; Offer Recalculation. Your Trade-in Product must be received by WeBuyPhones within two (2) days after you accept the original offer provided by WeBuyPhones and complete the check- out process on the WeBuyPhones Website (the “Delivery Period”) or the offer shall automatically expire. WeBuyPhones 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. If WeBuyPhones rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. WeBuyPhones reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by WeBuyPhones after the Delivery Period, and/or (c) WeBuyPhones receives Product(s) that are different from those identified when your offer was calculated. As described above, WeBuyPhones typically honors the offer price you receive for your Product on the Site for a period of two (2 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a “Price-Lock Offer”). Notwithstanding any Price-Lock Offer, WeBuyPhones always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent. WeBuyPhones shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Product will be returned to you.

Recalculated Product Offers after Inspection. In the event WeBuyPhones 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, WeBuyPhones will return the Product to you at the address from which it was originally sent. WeBuyPhones will give you a period of three (3) days after WeBuyPhones presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). 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 WeBuyPhones your Product for Trade-In, WeBuyPhones 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 WeBuyPhones 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 WeBuyPhones for Trade-In until delivery of the same to WeBuyPhones. You are responsible for any damages that may occur to your Product while in transit. WeBuyPhones is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event WeBuyPhones 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 WeBuyPhones 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 WeBuyPhones that you Purchased, you are responsible for the risk-of-loss for the Product until WeBuyPhones receives the Product. You are responsible for any damages that may occur to the Product while in transit back to WeBuyPhones.

Use of Services. By using WeBuyPhones Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by WeBuyPhones; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the WeBuyPhones Websites.

Indemnity. You agree to indemnify, defend, and hold harmless WeBuyPhones and the WeBuyPhones 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.

 

Modification. WeBuyPhones reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the WeBuyPhones Websites and/or the WeBuyPhones Services. Your continued use of any WeBuyPhones Website and/or WeBuyPhones Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to WeBuyPhones, 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 WeBuyPhones Websites and/or the WeBuyPhones Websites. The Agreement is and will be located at www.WeBuyPhones.com/service_terms. The last date this Agreement was revised is set forth below.

 

Correction of Errors and Inaccuracies. The WeBuyPhones Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. WeBuyPhones therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. WeBuyPhones does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

 

 

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 WeBuyPhones of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default