Terms of Service

Terms and Conditions

Sell a Gadget offers services for people to sell their used, broken, unwanted, or new laptops and electronic device's. By setting up an account, requesting a quote, contacting us, printing a shipping label, or using Sell a Gadget’s website or services in any way you specifically agree to abide and be bound by our terms and conditions below.

ABOUT OUR TERMS AND CONDITIONS:

The terms and conditions herein expressed constitute the entire agreement between the parties. Captions are used only as a matter of convenience and have no legal significance. No waiver by us regarding any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

These terms and conditions are governed by and construed in accordance with Florida law, and no conflict of laws or provisions of any jurisdiction will apply to these terms and conditions. By clicking on the "accept" button below, you agree that any action at law or equity arising out of, or relating to, these terms and conditions will be filed only in state or federal court located in Orlando, Florida 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 and the transaction herein contemplated.

Seller agrees that issuance of the shipping label, the costs of shipping from Seller to Sell a Gadget, Seller placement of the device en route to Sell a Gadget, and the terms of this agreement constitutes sufficient valuable consideration making the terms and obligations of this agreement and enforceable valid and legal contract.

In this Agreement, the term "you," "your," "Seller" or "Seller's" means an individual or entity exercising rights under this Agreement, and the term "Sell a Gadget"," "we" or "us" means Sell a Gadget and its subsidiaries.

1. SHIPPING YOUR DEVICE:

A. Sell a Gadget provides the Seller with a free shipping label. Sell a Gadget does not provide packaging materials. Packaging and shipping recommendations should be followed in order to avoid possible shipping damage or loss.

B. Sell a Gadget is not responsible for the packaging or safe shipments of device's that are sent in by the Seller. Seller agrees and acknowledges that Seller is solely responsible for the risk of loss or damage of/to his/her property while it is in transit. Sell a Gadget has no control over shipping carriers and its relationship is merely that of a shipping client.

C. Unless noted, Sell a Gadget assumes chargers, batteries, hard drives, accessories, and other parts required for basic functionality are included with a device; which is a factor in the initial qualified estimate. Sell a Gadget does not accept device's that have been fully or partially disassembled.

D. Seller agrees to not mail in additional software, retail packaging, carrying bags, or personal goods (except the device computer charger and battery) with the device. Sell a Gadget will only receive the device and related accessories necessary and Seller agrees and unconditionally acknowledges that Sell a Gadget is not responsible for additional extraneous items beyond those quoted specific with Seller's device. Upon arrival, any additional items will be irrevocably and immediately discarded. Seller expressly and unconditionally waives any claim for any missing additional items which may have been mailed in with the device. In the case of a device being returned Seller agrees that any such additional item may not be returned as they cannot be accounted for by Sell a Gadget.

E. Gadgets must arrive at Sell a Gadget on or prior to 14 days of receiving an online offer. Gadgets received after the 14 days could be subject to a Recalculated offer.

F. Gadgets missing serial numbers, ESNs, service tags, certificate of authenticities (COAs), BIOS "CMOS" passwords, or other unique identifying information must be disclosed to Sell a Gadget upfront and prior to shipping to Sell a Gadget with reasonable explanation. Sell a Gadget reserves the right to deny quotes for such device's and/or refuse to receive any such device.

G. We recommend that you document any device serial numbers, functionality, and condition before shipping the device.

2. QUOTES & PRODUCT INSPECTION:

A. Sell a Gadget will inspect all items upon receiving them. Online quotes are qualified initial estimates pending our physical evaluation or "Inspection" of the device. Sell a Gadget determines the value of your device based on our in-hand analysis, current market prices, wear and tear of each individual piece, cost to repair the item as a whole and other factors that might affect resale value of the device. NO ONLINE OFFER OR QUOTE MADE BY Sell a Gadget IS BINDING UNTIL WE RECEIVE, INSPECT AND REAFFIRM SUCH OFFER AFTER OUR INSPECTION. Sell a Gadget reserves the right to determine the device state at our sole and exclusive discretion.

B. All device's must have legible COA codes and product key codes. If your device does not have a valid COA or product key code Sell a Gadget reserves the right to recalculate the trade in value or reject the transaction.

C. Sell a Gadget reserves the right to accept or reject any product including but not limited to; Products not complying with applicable laws, modified products, products not in our purchasing database, products with missing pieces, products lost or damaged in transit, products with excessive wear. If a product is rejected by Sell a Gadget for any reason, the original offer immediately expires and the order is canceled.

D. If the customer fails to provide adequate specifications for a device and Sell a Gadget makes disclosed assumptions, the customer is responsible for verifying the disclosed assumptions (customers will see a note in their quote if assumptions have been made). Failure to verify disclosed assumptions (if they are incorrect) may result in an adjusted offer upon receipt of a device.

E. To receive full Trade in Value Seller must accurately state the condition of the device. Any damages will affect the trade in value of the device including but not limited to scratches, dents, scuffs, display malfunctions, cracks, power issues, bios or password locks, or any type of malfunction or excessive wear will significantly impact the trade in value of the device.

F. If something cannot be tested, it will be deemed as bad and deductions will be made. This includes, but is not limited to, Motherboards, LCD Screens, Batteries, AC Adapters, RAM, Hard Drives, etc.

G. Batteries are expected to retain 70% or more of original charge or they will be considered defective.

3. ORIGINAL & RECALCULATED OFFERS:

A. In the event an offer is made using Sell a Gadget’s online website and after inspection of said device, where Sell a Gadget agrees to pay the full quoted amount, Seller is legally bound per our terms and conditions to sell the device at the agreed upon price. Payment will be issued via the payment method originally selected when obtaining the online quote.

B. In the event an offer is made using Sell a Gadget’s online website and Sell a Gadget re-evaluates an offer after an item was received and inspected; Seller will have the option of accepting or rejecting the new offer unless they have agreed to “Accept the price” (reference 3. E.). If the new offer is accepted, Seller will be paid via the payment method originally selected when obtaining the online quote. If the new offer is rejected, Sell a Gadget will attempt to address any issues or findings with the device via email. If an agreement cannot be reached, Sell a Gadget will return the Gadget to Seller’s registered mailing address.

C. Should a recalculated offer be presented, and the “Accept the price” box not selected, Sell a Gadget will allow a period of 14 days for Seller to accept or reject the new offer. During this 14 day period Sell a Gadget will send reminder emails to Seller’s registered email address. If any recalculated offer is neither accepted nor rejected by Seller during this 14 day period, the new recalculated offer will be deemed to have been accepted by Seller and Seller will be paid the recalculated amount via the payment method Seller originally selected when obtaining the online quote.

D. To avoid occurrence of doubt, once any original or recalculated offer is accepted or payment has been issued, the sale is final, and no additional changes can be made.

E. In the event that "Accept the price" is selected at checkout, you the Seller, agree to any recalculated or otherwise revised offers. These recalculated offers will be within the range shown next to the “Accept the price” button during checkout. Any recalculated offer will be automatically accepted on your behalf; and there will be no 14 day waiting period or further negotiations. The “Accept the price” box is binding and cannot be changed after selection upon checkout. The seller will receive an email on the day of inspection with the new value and an explanation of any changes to their initial offer.

4. DEVICE'S ENTERED INCORRECTLY:

A. The device sent by Seller must match the description provided, the make and model provided, and the condition provided during the online estimate process. If the condition, make model, description, or configuration does not match Sell a Gadget reserves the right to recalculate the trade in value or reject the transaction.

B. In the event Sell a Gadget receives a device that is a different brand/model than the information submitted during an online order and Sell a Gadget is currently offering money for this device, Sell a Gadget will provide the correct model and corrected price for the received model at the time of the device inspection.

C. In the event Sell a Gadget receives a device that is a different brand/model than the information submitted during an online order and Sell a Gadget is currently not offering money for this device, Sell a Gadget will request to recycle the device, in lieu of having the device returned to Seller at Seller’s cost. Should Seller request that their device be recycled, Seller accepts that Sell a Gadget shall not issue any payment for recycling the device. Sell a Gadget will recycle the device at no charge to Seller. Seller is solely responsible for return shipping in this circumstance.

5. DEVICE RETURNS:

A. Under certain limited circumstances, through no fault of Sell a Gadget, and due to circumstances beyond Sell a Gadget’s control, a device may not be capable of being returned; in said instances, Seller agrees to hold Sell a Gadget harmless from any loss and inability to return the device. Seller AGREES AND UNEQUIVOCALLY ACCEPTS WITHOUT CLAIM THAT Sell a Gadget’s LIABILITY SHALL BE LIQUIDATED DAMAGES FIXED NOT TO EXCEED THE LAST OFFER ISSUED TO Seller PURSUANT TO THE TERMS OF THE AGREEMENT.

B. In the event a device is to be returned to the Seller, Seller understands and accepts that Seller is solely responsible for the risk of loss or damage of/to the device while it is being shipped.

C. Return shipping will be paid by Sell a Gadget in all cases except. 1. The device was improperly identified during the initial quote process or was marked as an incorrect model. 2. The device doesn't meet reasonable expectations of normal wear and tear based on Sell a Gadget's discretion. 3. The device was received previously disassembled and or with missing pieces.

D. Once an item is shipped to Sell a Gadget, Sell a Gadget cannot and does not guarantee that any request for return can be honored. This includes but is not limited to the device sent, accessories, software, packaging, hardware, COA’s, key codes, or data.

E. Although Sell a Gadget does make every effort to assure the accuracy of pricing and device accuracy of all information pertaining to device trade-ins. In the event of typing errors, technical errors, or pricing errors; Sell a Gadget reserves the right to correct the error at the point of inspection. Should this error occur the seller will have the option to accept the revised amount or have the device returned free of charge.

6. REQUIREMENTS:

A. All Sellers must be 18 years of age or older. Sell a Gadget is unable to issue offers or conduct business with any minor under the age of 18 and will not be held responsible for confirmation of Seller’s age, especially when it is a misrepresentation by Seller so as to fraudulently induce Sell a Gadget to enter into a transaction with Seller.

B. Sellers must have full legal and unencumbered ownership of any device's sent to Sell a Gadget. Sell a Gadget is unable to accept stolen goods or device's from third parties without consent and/or proof of ownership. Serial numbers and other identifying information are processed through state and national databases of stolen property. Any device's identified as stolen property will be handed over to the appropriate law enforcement. Seller contact information will be provided to law enforcement upon an authorized request.

C. The sale and or shipment of Seller’s device to Sell a Gadget must not violate any law, regulation or statute of any jurisdiction. Seller may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, software, license or other legal right or restriction via his/her shipping or selling of the shipped device. The device must be free of all legal restrictions that would affect the value of the device, inclusive of licenses and any export laws. The device (including all related materials, software and add on hardware) may not be counterfeited, stolen, or contain harmful or offensive content of any nature. Seller unequivocally agrees to hold Sell a Gadget harmless and indemnify Sell a Gadget from any and all loss of any nature, including fees, costs, judgments, liens and reasonable attorney's fees, arising from any legal action, threatened or otherwise, based on Seller’s violation of the terms and conditions.

D. Seller must be able to receive email and provide a valid email address. Sell a Gadget is not responsible for any email not received due to being filtered by email junk or spam filters.

E. For check by mail service Seller must provide a valid mailing address. Sell a Gadget is not responsible for any misapplied payments due to non-valid mailing addresses provided by Seller.

F. Seller must provide true, up to date and accurate information about yourself and any product submitted for sale.

G. Seller must sell on behalf of yourself and not on behalf of others.

H. Seller must comply with all terms and conditions of this agreement.

I. All device's must be able to be transferred to a new owner and should not infringe on any 3rd party intellectual property rights.

J. In shipping any items you imply that all items are free from any liens or encumbrances including software.

7. PROPERTY:

Gadgets sent to Sell a Gadget become property of Sell a Gadget upon receipt and exchange of payment.

8. PAYMENTS:

A. Payments are issued during normal business hours (Monday-Friday, 9AM – 4:30PM, excluding weekends and holidays). Sell a Gadget strives to issue payments with 24 to 48 business hours of inspecting the device but this is not guaranteed.

B. Payments via Checks by Mail: Payments sent by Check must be sent to the Seller's registered address provided during the quote process. Payments sent by U.S. First Class Mail does not include tracking information, delivery confirmation, or a guarantee of delivery time. If you do not receive payment within 14 business days of notification, please contact Sell a Gadget.

C. Payments via PayPal: Payments sent by PayPal will only be sent to the Seller's email address provided during the quote process. Sell a Gadget is unable to send PayPal payments to third parties and any e-mail address other than that provided with the order submission.

D. Sell a Gadget's BANKING INSTITUTION WILL ONLY HONOR CHECKS FOR 90 DAYS FROM THE DATE ISSUED. ANY CHECK ISSUED BY Sell a Gadget MUST BE CASHED WITHIN THE AFOREMENTIONED 90 DAY PERIOD. Sell a Gadget WILL NOT ISSUE NEW OR REPLACEMENT CHECKS AS SUBSTITUTE TO ANY CHECK THAT MAY HAVE BEEN REFUSED OR DISHONORED DUE TO THE BANK'S POLICY. Seller ACKNOWLEDGES THAT Sell a Gadget HAS NO CONTROL OVER THE BANK'S POLICIES AND REGULATIONS.

9. DATA & PRIVACY:

A. Seller agrees to remove all data and passwords from his/her device and or any information on any media used in conjunction with the device before shipping it. It is recommended to Seller to back up any data on any device to a medium of Sellers control before shipping the device. Seller bears sole responsibility for removing or securing data on all device's or media used in conjunction with device's. Sell a Gadget will make reasonable efforts to remove all data from device's but makes no guarantee in this regard. Seller agrees to hold Sell a Gadget harmless and indemnify Sell a Gadget from any loss or injury resulting from his/her failure to remove any such information prior to reselling or recycling the device that you send. Sell a Gadget is not responsible for any loss suffered by you due to any data that becomes available to any third party subsequent to the final disposition of his/her device. Sell a Gadget cannot guarantee that all personally identifiable data or other sensitive or security related information will be removed from device's. Sell a Gadget is not responsible for protecting, securing, keeping secret, or managing any form of information or data on any device or storage media of any type.

B. All device's received by Sell a Gadget will have all data wiped from its memory upon receipt. Seller unequivocally understands and agrees that regardless of a re-evaluation, Sell a Gadget, in order to test the hard drive of the device and secure Seller data, deletes all data from all device's upon arrival to Sell a Gadget without exception. Seller unequivocally agrees that, upon shipping the device to Sell a Gadget, Seller has expressly waived any interest and recovery expectation of data. Seller agrees not to send Sell a Gadget a device that has data on the hard drive Seller intends on trying to get back.

C. Sell a Gadget respects Seller privacy and does not resell any personal information to any third party entered on the Sell a Gadget website.

10. ERRORS:

In the event Sell a Gadget makes a material error in any representation of the evaluation, information or offers to Seller, Seller’s sole recourse is to request the return of the device. In the event that Seller elects to cancel the transaction prior to receiving payment, Sell a Gadget will return the device; however, Seller acknowledges and agrees that once payment has been issued no return will be viable or available. Seller agrees and unequivocally accepts without claim that Sell a Gadget’s liability shall be liquidated and fixed not to exceed the original offer issued to Seller pursuant to the terms of the agreement.

11. COMMUNICATIONS:

A. Sell a Gadget uses e-mail communications through the Sell a Gadget website in order to communicate with Sellers. Sellers understand and agree that the e-mail provided during the order process must be an e-mail that they are able to check and receive e-mails in order to receive order notifications from Sell a Gadget during the order process. Sell a Gadget is not responsible for any email not received due to being filtered by junk or spam filters.

B. Sell a Gadget archives each order and messages for up to 60 days. At any time a Seller can log into their order with the username and password given during the order process in order to view all messages that have been sent by Sell a Gadget.

C. In the event of a re-evaluation or change in the original quote to Seller, Sell a Gadget will e-mail the Seller through the message system on the Sell a Gadget website to allow Seller to accept or reject the new quote/offer. IF THE Seller FAILS TO RESPOND TO A RE-EVALUATION E-MAIL WITHIN 14 DAYS OR AN AGREEMENT IS NOT REACHED WITHIN 14 DAYS DURING WHICH Seller DOES NOT REQUEST THE DEVICE BE RETURNED, Sell a Gadget WILL AUTOMATICALLY ISSUE PAYMENT IN THE AMOUNT OF THE RECALCULATED OFFER. ONCE PAYMENT HAS BEEN ISSUED NO REVISIONS OR EXCEPTIONS WILL BE MADE.

D. Seller may receive follow-up e-mails to any direct e-mail, phone request, or order. Any Seller can request to be removed from future follow-up contact at any point in time once any and all order(s) have been fulfilled.

E. Sell a Gadget may send users periodic e-mails with information regarding their order.

F. It is your duty to keep email addresses accurate and up to date and ensure all emails sent from Sell a Gadget are received and not filtered.

12. LIMITED LIABILITY:

IN NO EVENT SHOULD Sell a Gadget, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OWNERS 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 Sell a Gadget UNDER THIS AGREEMENT. If a State does 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.

13. INDEMNITY:

You agree to indemnify, defend, and hold harmless Sell a Gadget, its parent, subsidiaries, officers, directors, employees, owners, representatives, vendors and distributors from and against any and all fees, liabilities, damages, costs, losses, expenses, or claims (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 a case; you agree to cooperate with our defense of such claim.

14. MODIFICATION:

We reserve the right to modify this Agreement at any time without giving any prior notice. Seller’s use of our website, any of our tools and services, following any such modification constitutes his/her consent to be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon publication.

Last modified 7/28/2017