Terms-and-Conditions

FarewellCell.com TERMS AND CONDITIONS:

To save you the trouble of reading through the entire Terms Of Service, we are going to point out some important information up front.

  1. Please make sure when you are sending your device that it is taken off your account so it can be activated on another. This is usually automatically done if you get a new phone through your carrier, but it’s always good to double check.  If you are unable to take the phone off of your account for any reason, your item will be automatically downgraded to the condition’s lowest value. This includes devices with an unpaid balance.
  2. Please send your device within 30 business days of receiving your quote as this is the time allowance you receive to assure maximum value as prices change constantly.
  3. Please ship all devices in one box if possible. We understand that you may want to trade in devices at different times and that is just fine, but in the case where multiple devices are being sent in, please include them in one box to allow for faster processing and quicker payouts.
  4. All devices need to have their iCloud account or similar security settings removed. If the device arrives at our facility with this security measures still activated, the seller will be contacted for appropriate information to remove the settings. The seller will have one (1) calendar week to respond with the accurate information. Payment will not be issued until this has been done by the seller. If security settings can not be removed from the device by the seller or does not respond within one (1) calendar week (7 days), the device will be recycled without issuance of payment.

HOW YOU GET PAID:

1.1 – Choose your device with the appropriate carrier, storage and condition. Properly fill out FarewellCell.com’s form with your current address and all current information which allows us to automatically create a shipping label for you!

1.2 – Package your device securely, print and attach the label and drop off your device at any UPS location.

1.3 – Once your package arrives we verify that YOUR PHONE IS NOT STOLEN OR TIED TO AN ACCOUNT. If it is you will be contacted to remedy the device's status.

1.4 – Once your device has been determined eligible for acceptance, we will verify the device as well as the condition to match what was provided at checkout. If any difference is to be found, the seller will be notified immediately.

1.5 – After all inspections have been completed, the seller will be notified and payment will be issued either by check or PayPal payment with zero fees. This shall be done within 24 hours of passing all inspections of a device.

1.6 – Once payment has been issued and accepted, the transaction is considered complete and finished.

SHIP YOUR PHONE WITHIN 30 DAYS:

We adjust the price of devices constantly. Your device must be confirmed by your tracking number to have been accepted by the proper carrier within 30 days of receiving the offer to assure you will receive your quote.  Remember that the sooner we receive your item, the faster you get paid.

ELIGIBLE PHONE:

If you received a quote, then your phone is eligible. While FarewellCell.com strives to provide a quote on each product you may wish to sell, donate or recycle, FarewellCell.com determines, in its sole discretion, which Products are eligible for purchase, donation and/or recycling by or through the FarewellCell.com Services and for which eligible Products FarewellCell.com will provide a quote. FarewellCell.com 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 a quote.

2. THE CONDITION OF YOUR CELL PHONE:

You will receive your exact quote unless the phone significantly deviates from what you describe it as. We will email you when we receive the device and if (on a rare occasion) we evaluate the phone less than you described, you will be notified and have the option to either accept or decline the offer.

2.1 CONDITIONS DEFINDED:

FarewellCell.com uses three (3) Product Conditions to grade Products, ranging from Used to Broken. Conditions can widely vary between categories and types of Products. Broadly, FarewellCell.com's Product definitions are as follows:

USED:

Fully functional. Normal signs of usage; minimal scratches and dings acceptable. No visible dents or change in structure. Item does not have any cracked glass. No water damage.

POOR:

Powers on but shows heavy signs of usage including: heavy scratches, dents, scuffs, cracked glass or a hardware issue.

BROKEN:

Severe damage. Does NOT power on or the phone powers on but does not display anything rendering the phone unusable for everyday use.

The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product are included on the FarewellCell.com’s website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at FarewellCell.com 's discretion. If you are uncertain about your Product’s condition, please email us by contacting FarewellCell.com’s customer care at: customersupport@farewellcell.com.

We may, at our discretion, attempt to repair devices that arrive in BROKEN condition. If we are able to successfully repair a device, we may upgrade your items condition rating to put more money in your pocket. If we are successful of any repair, the seller will be notified with an updated valuation upon acceptance of the device and the new valuation will be the amount they receive.

2.2 PRODUCT VALUATION:

All quotes will be based on FarewellCell.com 's own determination of the Product value in reliance on the accuracy of the information you supply us. FarewellCell.com will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition. Upon receiving a quote, you have the option of accepting or rejecting that quote. Acceptance indicates you are willing to provide your Product to FarewellCell.com at the quoted price. If you do not accept FarewellCell.com ’s quote, the specific transaction expires and the phone will be shipped back to you at your expense. If after rejecting the quote you change your mind and want to accept the quote, you will need to open another transaction with us at which point the quote may be different. If we determine your phone is worth more than you thought, we will pay you more than your quote. If we change prices that we pay for phones your phone will not be effected as long as the phone has already been shipped (even if it is still in transit to us).

2.3 SHIPPING YOUR PRODUCT:

When packaging your Product, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your Product that you are still in possession of. This may includesoftware, accessories, adapters, and manuals. 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 quote. We do not deduct for not having accessories, but adding accessories may increase your quote. Please pack your phone as well as you can to prevent damage during shipping. We are not responsible for poorly packed phones that break during shipping. You are provided a tracking number and can track your package all the way into our hands!

2.4 REMOVING DATA:

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 before you send your Product to us. FarewellCell.com’s standard practice is to remove all such data from your Product, however, FarewellCell.com makes no guarantee that it will do so. By sending FarewellCell.com 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 FarewellCell.com, or for such data's security, integrity, confidentiality, disclosure or use. FarewellCell.com 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 submitted your Product to us.

3. REQUIREMENTS FOR PURCHASE:

In order to complete a Trade-In or Purchase or to complete any other transaction with Farewellcell, you must: (i) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from us; (ii) Comply with all terms and conditions of this Agreement; (iii) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (iv) Transact on behalf of yourself and not on behalf of others; and; (v) 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 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). On Farewellcells behalf, PayPal will process your payment for a Purchase.

Farewellcell shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from Farewellcell and Farewellcell is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate information about yourself: (a) we will not be responsible for any misapplied Trade-In payments or Trade-In 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 in accordance with applicable law.

The following terms also apply to any Purchase transaction:

3.1 SHIPPING:

Shipping is always free. Farewellcell provides Free USPS Shipping and Handling within the 50 United States. Farewellcell does not ship internationally.

3.2 RETURNS:

Farewellcell does not accept returns on items listed in BROKEN condition and will be sold AS-IS on a FINAL SALE. Farewellcell will accept returns on items listed in PROBLEM conditions within seven (7) days of confirmed delivery. Farewellcell will accept returns on items in USED condition within fourteen (14) days of confirmed delivery. Farewellcell will inspect the device upon being returned to verify that a device has not been opened, repairs have been attempted, or any modification/altering of the device has been done. If Farewellcell determines that the item in question has been opened, a repair has been attempted, or any modification of a device in any way have been attempted, the buyer shall forfeit all rights to being reimbursed of its original payment.

3.3 CONSUMABLES:

Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by Farewellcell unless and until separately offered and purchased.

3.4 PRODUCT PRICING:

Farewellcell regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition.

3.5 PRODUCT AVAILABILITY:

Products are not guaranteed to be available until the order for Purchase is accepted by Farewellcell and confirmed on the applicable Farewellcell Website. Notwithstanding the foregoing, Farewellcell reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason.

3.6 OUT-OF-STOCK PRODUCTS:

Farewellcell will list individual items while being unique to each and every other item. Once the item has been purchased, the item will no longer be available for purchase.

3.7 TECHNICAL SUPPORT:

Farewellcell does not provide any technical or other support in connection with any Product offered for sale. You are responsible for all Product use, set up and any repairs to may attempt.

3.8 PURCHASE CONDITIONS DEFINED:

Farewellcell uses three (3) basic Product conditions to grade Products for Purchase, ranging from GOOD to PROBLEM to BROKEN. GOOD: the item is in used condition which may contain light surface scratches, signs of use and is fully functional. PROBLEM: the item is usable but has some sort of problem associated with the device. This may include cracked glass, non-functioning buttons, or anything pertaining to the device that keeps it from fully functioning. The problem will be clearly stated within the description and it is the buyer’s responsibility to read through the entire description to be aware of the problem stated with the device. BROKEN: the item does not power on. This may include broken or malfunctioning parts on the device or may have been exposed to water. There are zero guarantees associated with items listed as BROKEN. Items listed and sold in BROKEN is condition are FINAL SALE items. By purchasing an item marked as BROKEN, the buyer relinquishes their ability to open a dispute through PayPal for any reason. Once the item bought marked as BROKEN has been confirmed via the tracking number for delivery the sale has been completed. The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the Farewellcell Website purchase screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Farewellcell's discretion. If you are uncertain about the Products condition, please seek guidance by contacting Farewellcell customer care.

All Products available for Purchase are, where applicable, eligible for activation on the carrier network identified for that particular device. Farewellcell reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Farewellcell at any time prior to delivery of the Product to You.

3.9 SENDING FAREWELLCELL YOUR RETURN:

Include all materials provided by Farewellcell in the package you received.

3.10 RISK-OF-LOSS:

If you return a Product to Farewellcell that you Purchased, you are responsible for the risk-of-loss for the Product until Farewellcell receives the Product. You are responsible for any damages that may occur to the Product while in transit back to Farewellcell.

3.11 ACCURACY OF ALL INFORMATION:

Farewellcell makes every effort to ensure the accuracy of all information you receive in relation to the Product purchased. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Farewellcell 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.

3.12 NO WARRANTIES:

WE PROVIDE THE FAREWELLCELL 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 FAREWELLCELL WILL MEET YOUR REQUIREMENTS.

4. MISCELLANEOUS:

WE PROVIDE THE FAREWELLCELL.COM 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 FAREWELLCELL.COM WILL MEET YOUR REQUIREMENTS.

5. LIMITED LIABILITY:

IN NO EVENT SHALL FAREWELLCELL.COM, 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 FAREWELLCELL.COM 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.

6. INDEMNITY:

You agree to indemnify, defend, and hold harmless FarewellCell.com , 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 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, in such case, you agree to cooperate with our defense of such claim.

7. 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 FarewellCell.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

8. CORRECTION OF ERRORS AND INACCURACIES:

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

9. MODIFICATION:

FarewellCell.com reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the FarewellCell.com Websites and/or the FarewellCell.com Services before the changes take effect. Your continued use of FarewellCell.com after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with FarewellCell.com , you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at http://www. FarewellCell.com/home/terms-and-conditions. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.

10. 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 CALIFORNIA 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 AT CHECKOUT, 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 SACRAMENTO COUNTY, CALIFORNIA, 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 customersupport@FarewellCell.com