Legal

1 Agreement

The sellmycell.co.nz website (“website”) is operated by Sellmycell Limited (“us” and “we”), which is a company registered in New Zealand.

By viewing and using the sellmycell.co.nz website you are deemed to agree to these terms and conditions without qualification.  If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website.  We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website.  By continuing to access our website, you agree to be bound by the amended terms and conditions.

Please read these terms and conditions carefully before submitting any order from the website. By submitting an order you are agreeing to be bound by these terms and conditions including those related to transactional matters.

2 Privacy policy and personal information

You are asked to provide personal information in order to register on our website and to use any of our services.  We maintain a Privacy Policy.  You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the Privacy Policy.  If you have questions or comments about our Privacy Policy, please contact us at: support@sellmycell.co.nz.  You warrant that all the information provided by you to us is accurate.

3 Registration and accounts

By registering on our website, you consent to receiving marketing, promotional and other material by way of electronic messages from us.  You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or other breach of security.  You must not transfer your account to another user or maintain more than one account with us without our consent.  We may, at our sole discretion, suspend or terminate your account and limit your access to our website for any reason.

You agree that you will not use the website for any unlawful purpose. This includes knowingly selling stolen goods, transmitting, receiving, using or reusing any material which is potentially damaging, defamatory, offensive, threatening, abusive (or similar), contains any kind of virus, ransomware or malware or which infringes the intellectual property rights of any third party.  The use of systematic, repetitive or any other methods which are designed to obtain a large number of quotes and related information from the website or that attack or access without authority or disrupt any part of the website are not permitted.

4 Maintenance

From time to time we reserve the right to restrict access to some or all of the website, which may include restrictions to users who have previously registered with us including for maintenance or upgrade purposes.

5 Users outside New Zealand

The information on our website may not be appropriate or available for use in other jurisdictions.  If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

6 Copyright and trade marks

The contents of our website are the copyright of Sellmycell Limited (and its assigns) or suppliers to us.  No part of our website may be distributed or copied for any commercial purpose.  You are not permitted to incorporate our material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent.  You may not frame any part of our website material by including advertising or other revenue generating material.  Further, you may not remove or alter any trademarks or logos that appear on any material on our website.

7 Linking

The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.  The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators.  You acknowledge and agree that we are not responsible or liable (including for any loss or damage suffered or incurred as a consequence of your reliance on the purchase of) for the content, advertising, products, services or other materials on or available from such sites.

We reserve the right to prohibit links to our website and you agree to remove or cease any link upon our request.  In particular you must not establish a link from any website that is not owned by you.

8 Advertising

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party.  We are not responsible or liable for any part of any such dealings or promotions.

9 Exclusion of liability

The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy or completeness.  To the fullest extent permitted by law, we exclude all liability in relation to our website including all express and implied warranties and representations.  We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data or loss of opportunity).

We will also not be liable to you if any reason the website is unavailable at any time or for any period including any ability to access the website caused by your equipment or the internet connection you use to access the website. You are responsible for making all arrangements necessary for you to have access to the website.

10  Indemnity

You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.

We reserve the right to determine, in our sole discretion, when a breach of these terms and conditions has occurred.

11 Information and material

Our website makes certain information and material available to you, either through us, our suppliers or otherwise.  Our website provides a general information service only.  The information displayed is merely indicative and has not been prepared by taking into account the particular objectives, situation or needs of any individual users.  You should assess whether it is appropriate in light of your own objectives, situation and needs.  The use of information contained on our website is at your own risk and we are not responsible for any adverse consequences arising out of that use.

12 Entire agreement

These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to our website, the purchase of any goods and your use of the services. We may amend these terms and conditions at any time. You are expected to check this webpage from time to time to take notice of any changes that we may make them as they are binding on you.

13 General provisions

If at any time we do not enforce any of these terms or conditions, or grant you more time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.  Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.  The remaining terms and conditions will continue to be binding on the parties.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Transactional matters (Transactional terms and conditions)

2.1 General Terms

Please read these terms and conditions carefully before submitting your sell order from the Website. You should understand that by placing or submitting an order, you agree to be bound by these terms and conditions.  You should print and keep a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to place a sales order via the website.

2.2 Agreement

The Website is only intended for use by customers registered with us that reside in New Zealand.  We can choose to accept or reject orders from people outside New Zealand at our discretion.

An agreement for sale and purchase will be formed when we receive your sales order in accordance with these terms and conditions.  It will incorporate these transactional terms and conditions and the terms of use for the Website.  You must own all rights in any mobile devices(s) that you send to us.  By sending your sales order you warrant that you legally and beneficially own those mobile device(s) and are entitled to sell/dispose of them.

Risk and ownership of the mobile device(s) pass to us when we receive the mobile device/s at our delivery address (in accordance with these Transactional terms and conditions) and we have issued payment to you.

We can transfer, assign or otherwise dispose of any of our rights or obligations arising under an agreement at any time without your consent.

2.3 Terminating the agreement

We permit you to cancel our agreement with you, without giving a reason, up to the point where you send us your mobile device (“cooling- down period”).  You can only cancel in this manner if:

a. The agreement was made by distance communication (e.g. phone, letter or email); and

b. You are a natural person.

Any cancellation by you must be in writing.  Other than if the mobile device does not meet our terms and conditions (see below), this agreement is unable to be cancelled after the mobile device(s) is received by us.

2.4 Consumer Use

As a consumer, by placing an order through the website, you are representing to us that:

a. You are not a business or acting in the course of a business;

b. You are in New Zealand;

c. You have legal capacity to enter into a binding agreement;

d. You are at least 16 years old and if you are under 18 that you have obtained your parent’s or guardian’s consent to sell your device to us for the price offered.

2.5 Business Use

We reserve the right to accept or decline sales orders or bulk enquiries from businesses at our discretion. As a business, by placing an order or bulk enquiry through the website, you accept that:

a. You have legal capacity to enter into a binding agreement, either as a sole trader, company director, or authorised representative thereof.

b. All prices quoted are inclusive of GST (if any).

c. Data erasure or destruction requirements can be accommodated but we reserve the right to adjust prices to those advertised on our website.

d. Payment for bulk orders (of over 10 devices) is made within 5 working days from the date of receipt of devices by Sellmycell.

Should you wish to request a quote or discuss these terms, please contact us at: hello@sellmycell.co.nz

2.6 Mobile Devices

Your phone will fall into one of four condition grades. Your phone must meet all of the criteria of the given grade to qualify for that grade, if it fails to meet one or more of the criteria it will fall into a grade below.  We do not accept phones that are incomplete or missing key components.

Flawless – Works perfectly; Still in its package and looks like new; Zero scratches or scuffs; Battery health above 90%.

Good – Works perfectly; Tidy condition; No major scratches or scuffs; No cracks in screen or body.

Poor/Faulty – Powers on with physical or functional damage (for example a badly worn case, cracked or dull display, missing or defective buttons, degraded or diminished battery).

Broken – Doesn’t turn on; liquid damage; two or more faults

We have sole discretion in determining the appropriate grading of your mobile device.  For further guidance on grading please refer to the “Help” section of our Website.   Notwithstanding anything else in these terms, any device(s) that is received by us that is incomplete or missing key components will not be returned to you. No payment will be made for such devices.

All initial prices offered by us will be provided on the assumption that your mobile device is consistent with all details specified in the sales order you complete.  Any mobile device sold to us must match the make and model, capacity, network status, and condition specified in the sales order you have completed.

If, on inspection, we determine the mobile device to be a different grade of condition to that specified in the order we may propose an adjusted price by email as applicable to that condition grade (“Revised Offer”).  If you decline the Revised Offer, we will return the device to you and the cost of the return will be paid by us.  Adjusted orders will be processed for payment at the price set out in the Revised Offer.  If you do not respond to the Revised Offer within 7 days of being notified of the Revised Offer then a binding agreement will be deemed to have been established between us and you at the Revised Offer price.

Adjusted orders will be processed for payment at the price set out in the Revised Offer if you do not reply to the Revised Offer within 7 days of notification of the Revised Offer to you.

2.7 Trade-in Eligibility

You are responsible for cancelling any network contract linked to your mobile device. We are not responsible for any call costs arising before, or after, we receive your mobile device, or arising from any other circumstances.

Remove your SIM card before sending us your mobile device.  We accept no liability if a SIM card is sent with a mobile device and charges are incurred.  You will remain responsible for those charges.  SIM cards received by us with your mobile device will not be returned.

Except to the extent specified in our Privacy Policy, you agree to release us from any claims, losses or damages with respect to any data stored or contained in the mobile device or on any media used in conjunction with the mobile device (“Data”).  We accept no responsibility for the security, protection, confidentiality or use of Data.  You are responsible for removing Data from the mobile device prior to sending it to us.  If any Personal Information is contained on the mobile device when we receive it, we will deal with that Personal Information in accordance with our Privacy Policy if we are aware of it.

We accept mobile device battery chargers and accessories but do not pay any more for them.

2.8 Second-Hand Dealer Licence

We are a registered under the Secondhand Dealers and Pawnbrokers Act 2004 (“Act”).  We are required to obtain proof of identity from every person that wants to sell goods to us.  Our proof of identity requirements are outlined below.  We use the proof of identity provided to verify the identity of the person that we are acquiring the relevant mobile device from, which is required by law.  We also have to provide the international mobile equipment identity number (“IMEI”) of each mobile device that we buy to a police data system.

You must provide a photocopy of two proof of identity items that together show your full name, date of birth,  photograph, current address, your signature and verify your identify.  Acceptable forms of photo identity are:

a. A current passport, driver’s licence or firearms licence (or other government issued photographic ID approved by us);

b. An 18+ card issued by the Hospitality Association of New Zealand; or

c. A current document issued by a New Zealand secondary or composite school to a student that is issued for the purpose of identifying the student and contains a photograph of the student.

You may also be asked to provide us with one of the following forms of identification to show any of the other identity items that are not shown by the first form of authorised identification:

i. Bank statement or mortgage documents;

ii. Utility bill;

iii. Employee pay slip;

iv. Vehicle registration;

v. Tax file number document;

vi. Rates invoice from the relevant local authority;

vii. Ministry of Social Development document; or

viii. Any other form of identification that is acceptable to us.

If we have reason to believe that a mobile device is stolen, we will report the mobile device to the police.  If we become aware of any issues, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities upon request.  Nothing in these terms and conditions obliges us to act in a manner that we think is a breach of the law.

The proof of identity requirement is a fundamental condition of our agreement with you.  If you do not provide the required proof of identity documents prior to or within 7 days of the Approval Date (as defined in clause 2.9 below) we may withhold payment for your mobile device and contact the police about the relevant transaction where we suspect that failure may be due to any suspicious circumstances.

2.9 Pricing

Prices offered on the website are subject to change at any time without notice.  Prices listed are in New Zealand dollars and payment for all sales orders must be made in New Zealand dollars.

All prices include New Zealand Goods and Services Tax but they are otherwise exclusive of any taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of goods.  If you are outside New Zealand, you will be responsible for checking whether there are any restrictions that apply before placing an order and you will be liable to pay any New Zealand or local taxes, customs levies or duties.

When your order is placed, the prices quoted are guaranteed for 14 days from the “Approval Date” (being the date we send you written confirmation and the postage paid bag.)  If your device(s) is/are received after 14 days from the Approval Date, we may suggest an adjusted price by email (the “Revised Offer”).  If you decline the New Offer, we will return the device(s) to you.  We will attempt to contact you if your mobile device is received after this Approval Date, if we are unsuccessful in contacting you (using the contact details provided by you) we will process the order at the price set out in the New Offer.

2.10 Delivery

We pay for postage of your mobile device to us through our postage paid bag provided. Delivery is deemed to be made when the device arrives at the delivery address on the postal bag. We do not accept responsibility for non-delivery of devices or damage in transit. It is sellers responsibility to ensure the return postal bag is scanned into the courier system for tracking.

2.11 Payments

When we receive your device, we will check that it is complete and that it meets our terms and conditions.  If it does, we will make payment to you via bank transfer within 3 business days (business days’ means any day excluding the weekend and any public holiday in Nelson, New Zealand) except where the order contains 8 items or more as these require additional time for processing and may take up to an additional 7 days to be processed.

Bank transfer payments can only be made to the account details given when placing the order.

Where you have selected a “Charity” as the payment option, the nominated charity will be paid by us on the last working day of the month in which the payment is due (which is 3 business days from receipt of device).  The nominated charity will be responsible for providing any donation receipts.  We will provide your name and details to the charity however if you do not want us to provide those details you do have the option to select “Anonymous Donation”.  Payment to the selected charity’s nominated bank account is a complete discharge of our responsibility in relation to those funds.

2.12. Proof of ownership

If we have reason to believe or suspect that a device is either lost or stolen, we may request further proof of ownership of the device.  If there is insufficient proof of ownership, the device may be handed to any relevant authority in compliance with our legal obligations.

2.13 Our liability

In addition to any other disclaimers in these term and conditions, we will not be responsible for any failure or delay to perform any of our obligations under a contract that is caused by events outside of our reasonable control or due to our compliance with any applicable laws or regulations.

Our liability for any claim, loss or cost related to the supply by us of goods or services is limited to the amount payable by us to you for the mobile device (if any) under these terms and conditions, except where statute expressly requires otherwise.  To the fullest extent permitted by law we will not be liable, whether in tort (including negligence), contract or otherwise, for any for any loss or damage (including indirect, consequential or special loss or damage, or loss of profits, loss of data or loss of opportunity) suffered by you or any other person.

2.14 Price matching

If we offer a price matching offer against the price offered for your mobile device from another mobile device trade-in site operating based in New Zealand then it is on the basis that there must be:

a. A genuine written offer from the other site that is no older than 10 days; and

b. A link from the relevant other site with an offer from the other site that is no older than 10 days that can be verified by us.

We will use all reasonable commercial endeavours to make an offer to purchase your mobile device that is no worse than the offer made by the other site as soon as possible (“Sell Offer”).  There may be times when we simply cannot or will not match the other site’s offer.

Any offer we make is always subject to these terms and conditions, including but not limited to, the grading of your mobile device.  We can withdraw any price match offer at any time.