Terms & Conditions
Exchange It allows you to sell specific consumer electronics through receiving an offer from our company after finding your device and completing the check-out process on our website. In order to use our services you must agree to the following terms and conditions set forth by Exchange It.
By using Exchange It’s website, or by setting up an account, you submit that you agree to the following terms and conditions. These terms and conditions may be changed at any time by posting the new terms on the site. When the new terms are posted, they will become effective immediately. We reserve the right to terminate or suspend your use of our website or services if you do not strictly adhere to all of Exchange It’s agreements or procedures, or for any other reason we determine, at our sole discretion.
Any offer you get from Exchange It to sell your item will be governed by these terms. The terms, agreements, and policies provided throughout the site are, in aggregate, an agreement between you and Exchange It. You acknowledge that this and any other agreement from Exchange It is in electronic form and has the same legal capabilities as an agreement in writing. In this agreement, the term “you” or “your” represents an individual or entity exercising rights under this agreement, and the term “Exchange It” “we” or “us” means Exchange It and any of its partners.
In order to use Exchange It’s services to sell your item or to complete any transaction with us, you must: (i) Provide up to date, honest, and accurate information about yourself or any item you send us; (ii) Strictly adhere to all terms and conditions of all agreements set forth on our site; (iii) Comply with all applicable laws and regulations, including any and all import and export laws described in this agreement; (iv) Act on behalf of yourself and not on the behalf of others; and finally (v) Have the legal ability to enter into agreements and to convey title and complete interest in any item that you send us. To receive payment for any items you sell to us, it’s imperative that you provide accurate information including a valid email address at which you are able to receive any emails we may send, a valid postal address to receive mail, and your first and last name. Exchange It is not responsible for communication errors should your contact information be false, inaccurate, or incomplete. We are not responsible for any emails that are not received due to being blocked or filtered as spam. You completely understand and agree that if any information you provide is not accurate or up to date: (i) we will not be held responsible for any misapplied payments or payments being set to a wrong address, and (ii) any funds that are not claimed may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree and submit that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
3. PRODUCT FITNESS FOR SALE
In order to sell your item to us, you must have all interest, right, and title in all products you wish to sell to Exchange It. These items must also be able to be activated for new service unless the item is incapable of activation because it is in “Broken” condition. The products and the sale and shipment of these items to Exchange It must: (i) comply with ALL applicable laws, statutes, ordinances, including all import and export laws as laid out in this agreement, (ii) not be counterfeit, stolen, or fraudulent in any way, (iii) not infringe on third party intellectual property rights (including any trademarks, patents, copyrights, or other proprietary rights. You represent and warrant that the items which you intend to ship Exchange It are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. If one or more of these infractions is found to be true, Exchange It holds the right at its discretion to not return said item to the customer who shipped it. You understand and agree that by using the Exchange It services you indemnify Exchange It from any and all claims or losses sustained by Exchange It as a result of any breach of these representations and warranties. It is your sole responsibility to discontinue any phone, Internet, or similar service on your item prior to selling it to Exchange It. We are not responsible for any service charges related to your item, whether you incur such charges before, during, or after your use of our services. You are also responsible for removing any security codes that would prevent use of any of your products.
4. ITEM CONDITION
Exchange It has three basic conditions to rate an item which include: “Mint”, “Normal”, and “Broken”. Conditions can vary between categories and types of products. Exchange It item conditions can broadly be described as follows: Mint: the product appears to have never been used and has absolutely no problems. Normal: the product has light signs of use, but is still 100% functional. Broken: any function of the item is non-operative, the item does not turn on, or the item has physical damage that inhibits use (e.g. cracked screen or missing parts). The definitions above are broad and to be used as a starting point. More specific definitions specific to the category and/or item may be included on our site offer page and serve as the effective condition definition for that item. These condition definitions are subject to change at Exchange It's sole discretion. You may contact our customer service team if you are having trouble determining your items condition.
5. PRODUCT ELIGIBILITY
Exchange It, at its sole discretion, decides which items can be eligible for purchase by or through our services and for which items Exchange It will provide an offer for. We may discontinue the eligibility of any item at any time without notice. This will NOT affect any items for which you have already accepted an offer, which is still guaranteed for 14-days from the acceptance date pursuant to section 9 below.
6. PRODUCT VALUATION
All offers Exchange It presents will be based of our own determination of the items value corresponding to the accuracy of the information you supply us. We will use our sole discretion to determine the item value, with factors such as product model, item condition, and whether necessary accessories have been provided by you contributing to the valuation. When you are presented with an offer, you have the option of accepting or declining that offer. If you accept an offer, you indicate that you are willing to provide your item to Exchange It at the offered price. If you decline our offer, the specific transaction expires. If you change your mind and decide you’d like to accept the offer, you must start a brand new transaction with us. If the item is still eligible for purchase, your new offer could be different because item prices may change at any time.
7. DATA REMOVAL
It is your responsibility to back up and store any data you wish to keep from your item and to remove any personal information before you send your item to us. Exchange It’s standard procedure is the removal of all such data from your item; however, Exchange It makes no guarantee that it will do so. By sending us your items, you agree to release us from any claims 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 Exchange It, or for such data’s security, integrity, confidentiality, disclosure or use. By using our website and it’s services you agree and submit that Exchange It is not responsible for the following: (I) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (ii) any loss of data after you sent your item to us.
8. SHIPPING YOUR ITEM
When you send your item to Exchange It, make sure you include the device, original charger, and original cable. Cable and charger must be in good cosmetic condition and be fully functional. If both the charger and cable are not included or are not in good cosmetic, fully functional condition a deduction of $10.00 will be made to your payment without any notice to you. Shipping us a product that does not match your order can change the value of your item and can result in a new offer from us.
9. PRODUCT INSPECTION AND OFFER REVISIONS
If the item you send is not received by Exchange It after you’ve completed the check-out process and accepted the original offer within the 14-day delivery period, the offer will automatically expire. Exchange It inspects all items that are received and has the option at its discretion to accept or reject any item. Reasons for rejecting an item can range from, but are not limited to: item not aligning with the description you provided us, any item lost or damaged in transit, and any item not complying with applicable laws or regulations. If your item is rejected, the original offer instantly expires and is rescinded. Exchange It holds the right to revoke the original offer and provide a new offer for your item if: (i) we receive your item after the 14-day delivery period expires, (ii) the item or materials are not as described, and (iii) Exchange It receives item(s) that are not the same from those identified when your offer was calculated. If we receive an Apple product that has Find My iPhone enabled or an Android product that is locked to a Google account, your offer will automatically become $0 until it is removed. If Find My iPhone or the Google activaiton lock is not removed after 10-days of your item's delivery to Exchange It your offer of $0 will be deemed accepted and your device will be recycled. In the event Exchange It revises the offer provided for your item after it has been received and inspected, you have the option of accepting or declining the new offer - except in situations where the charger and cable was not included, in those situations your payment will be reduced by $10.00 without notice. You will be paid in normal course and in accordance with these service terms if you accept the new offer. If you decline the new offer, we will return the item to you at the address it was sent from. You will have a period of three days (72-hours) after Exchange It presents you with a recalculated offer via email at the address you provided to accept or decline the new offer. If Exchange It receives no response during the three day period, the new offer will be deemed to have been accepted by you and you will be paid the new offer amount in the normal course and in accordance with these service terms. To remove any doubt, your acceptance of the original offer and/or any new offer is final and cannot be changed.
The price displayed during checkout assumes that a usable charger and cable will be included in the sale. If you elect to not include the charger and cable, $10.00 will be deducted from the displayed offer. The charger and cable reduction of $10.00 will be applied to every order that is received without a charger and cable and you will not be notified if your order qualifies for the charger and cable reduction.
There are certain circumstances where we will require the customer to reimburse us for the full cost of the packing materials, original shipping kit label cost, the return label cost, as well as the cost of returning the phone. This policy applies to the following scenarios:
1. BAD ESN/FINANCED DEVICES that received a lowered offer.
2. Phones that were classified as "normal" condiition which were found to be not as described and received an offer revision.
3. Devices received that are a different model, storage size, or carrier (includes orders placed for "unlocked" devices when the device received is locked to a specific carrier) than than the order which subsequently receive an offer revision.
4. Orders that we deem as abuse of our process or orders that we deem as an attempt to de-fraud Exchange It or Remington Trading LLC.
In the situations referenced above, you are responsible for reimbursing Exchange It $9.00 (nine U.S dollars) for the associated shipping costs with the transaction. You must pay this cost by check within 30-days of rejecting our offer revision or we will deem your offer as accepted.
Please mail shipping reimbursement checks to:
REMINGTON TRADING LLC/ Exchange It
PO BOX 7272
Springdale, AR 72766
We may also accept a PayPal payment for the return shipping fee on a case-by-case basis. Please contact our support department by email or phone for further details.PayPal payments must be recieved within 30-days of the offer rejection or the offer revision will be deemed accepted.
10. REQUEST FOR RETURN
Exchange It cannot and does not guarantee that it will be able to honor any request for return of your item or any data contained in your item after you have sent it to Exchange It.
11. TITLE TO PRODUCT
Exchange It receives the title to your item upon Exchange It’s acceptance of the item for the original offer or any new offer, as applicable. If your item is returned to you for any reason, the title shall not be passed and will remain with you.
12. LOSS OF PRODUCT
You acknowledge that you are solely responsible for the risk of loss or any damages that may occur to your item, whether in transit or else, until your item is delivered to Exchange It. Upon delivery to us, Exchange It is responsible for risk of loss when the package containing your item is opened and ceases in the event Exchange It returns your item to you for any reason. In such an event, risk of loss must be transferred to you once Exchange It delivers the package to the carrier for return to you and you will again bear the risk of loss or risk of damages to your item while it’s in transit. Furthermore, Exchange It is not and will not be held responsible if your item is lost or stolen when using the package pick-up service from USPS.
Payment will be sent to you as soon as possible after the item has been delivered to us and inspected. Variables that may delay your payment include, but are not limited to: (i) item not being charged, (ii) device having any form of lock or password protection on it, (iii) product not matching your description, and (iv) item receiving an updated offer. You agree that certain variables will delay your payment.
Exchange It will at times offer promotional programs as an incentive to customers. In the event a promotion applies to payments, they are applied as an increment to the final value of the customer’s item, but they are not considered a change in the final value. Promotions must be used by you before checkout unless stated otherwise. Please note once checkout is completed that promotions cannot be applied to that same transaction. Promotional programs are subject to explicitly defined terms, including but not limited to, usage per person, expiration, usage per transaction, and other limitations and restrictions. Exchange It reserves the right, at its sole discretion, to cancel or refuse promotions at any time.
15. ELECTRONIC TRANSACTIONS
By using Exchange It, you agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your item by electronic means. You agree to allow us to provide you with important terms and notices about Exchange It and your transactions to an email address you provide to us or by posting notices on an applicable page on www.exchangeit.us. It’s your responsibility to ensure your email address is accurate and up to date, to maintain a valid email address and to make sure emails we send you are not filtered or stopped by any types of email blocking functionalities. If you wish to stop transacting with us electronically, please discontinue use of Exchange It’s website.
16. ACCESSING EXCHANGE IT
It is your sole responsibility to obtain, at your own expense, all equipment and services needed to access and use Exchange It and its services, including all devices, internet browsers, and internet access. You are also responsible for any and all fees your carrier may charge you for when accessing Exchange It through a mobile or wireless device.
17. SITE ACTIVITY
By using Exchange It and its services, you agree to not use any of the services by any means other than through the user interface that we provide you and not engage in any activity whatsoever that interferes or handicaps the services or performance of our website.
19. IMPORT/EXPORT LAWS
You will fully comply with all import and export laws, rules, regulations, and orders of the United States, or any foreign government agency or authority, and that you will neither directly nor indirectly transfer your item without proper authorization from the United States and/or foreign government. You bear sole responsibility for all expenses relating to your compliance with the above laws, rules, regulations and orders, and for obtaining the necessary authorizations and clearances in order to send your item to Exchange It, including without limitation, classification, valuation, and duties applicable with the import of goods. NOTICE: 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 cannot offer or provide Exchange It any items that will violate these provisions in section 19.
By using this website, you agree to indemnify and defend Exchange It and all its affiliates from and against any and all claims, losses, damages, liabilities, costs, expenses, or fees (including attorneys’ fees) that such parties may incur as a result of or coming from your (or anyone using your account’s) violation or breach of any terms under this agreement. Exchange It holds the right to assume 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 a claim.
In no event will Exchange It, its directors, officers, employees, agents, contractors, or affiliates be liable for any compensatory, direct, indirect, incidental, consequential or punitive damages, income or profit, loss of or damage to property, loss of data, or any claims of you or other third parties whatsoever with respect to your transactions with Exchange It under this agreement. Some states do not allow the exclusions or limitations of liability of consequential or incidental damages, so the above exclusions may not apply to all users; and in such states liability is limited to the fullest extent permitted by law.
At Exchange It we make it our goal to provide exceptional service, however, we make no representations that your transactions with Exchange It will meet your requirements. As such, we provide our services as is, with all faults, and as available.
23. ENTIRE AGREEMENT
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The headings are only used for convenience and should not be interpreted as part of this agreement or be used to determine the intent of the parties to it. No waiver by Exchange It of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 3, 7, 10, 11, 15, and 18 through 26 shall survive if this agreement is terminated.
24. TRANSACTIONAL ERRORS AND OMISSIONS
Exchange It strives to ensure the accuracy of any and all information you receive in relation to your product. However, on occasion there may be certain typographical errors, pricing, technical errors, or other inaccuracies or mistakes. As such, Exchange It reserves the right, at any time before payment, to: (i) Void a transaction. If the item has already been sent to Exchange It, it will have been deemed rejected by us resulting in a return of your item subject to section 9. (ii) Correct any errors or omissions. (iii) Revise the offer. This offer will represent a re-issued original offer, which you may accept or decline. If the item has already been sent to Exchange It, the revised offer will become a new offer subject to the conditions set forth in these terms.
25. CORRECTION OF INACCURACIES
Our website and any correspondence related to a transaction may have errors or inaccuracies and may not be up to date or complete. As such, Exchange It reserves the right to correct any of these errors, omissions, or inaccuracies and to change or update the content at any time without notice. However, we cannot guarantee that any errors, omissions, or inaccuracies will be corrected.
26. AGREEMENT MODIFICATION
Exchange It reserves the right to modify this agreement at any time. You may discontinue using our website and services if you do not agree to the changes. If you continue to use any of Exchange It websites or services you effectively show your acceptance to such changes. Each time you submit your item for sale to us, you are also confirming your acceptance of this agreement as in effect at the time of such use. It is your sole responsibility to review this agreement each time you use our websites or services. You can find the agreement at http://www.exchangeit.us/content/termsAndConditions. Terms and conditions modifying the agreement are effective immediately after posting.
27. ENTIRE AGREEMENT
This agreement constitutes the entire agreement of the parties with respect to the subject matter agreement or be used to determine the intent of the parties to it. No waiver by Exchange It of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 3, 7, 10, 11, 14, and 17 through 27 shall survive if this agreement is terminated.
28. 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 ARKANSAS 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. 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 SPRINGDALE, ARKANSAS, 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.
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