Terms of Agreement

Terms of Agreement

Terms of Sale Agreement

JydeMobile provides a service”) through which you may (i) sell certain consumer electronic products (“Products”) upon receipt of an “offer” from JydeMobile by identifying your Product and its status and (ii) purchase of the product (per sale, one “Buy”) You must agree to abide by the following terms to use the JydeMobile Services and the Websites. BY CREATION ACCOUNTS OR USING JYDEMOBILE SITES, YOU CERTIFY THAT YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. TERMS MAY BE MODIFIED AT ANY TIME BY posting THE MODIFIED TERMS ON THE JYDEMOBILE website. If you do not comply with these Terms of Sale agreement or any other JydeMobile policy or procedure, or for any other reason we determine, in our sole discretion.

 

1. These terms apply to (I) any offer to sell your Product to JydeMobile and (ii) any Product you purchase from JydeMobile Website. These terms, along with the terms that govern your use of JydeMobile website, and all applications included therein, and any supplemental terms or policies that accompany a specific transaction, feature, or application, constitute an agreement between you and JydeMobile (the “Agreement”). You accept that this Agreement is in electronic form and has the same force and effect as a written agreement. The term “you” or “your” refers to individual or business exercising rights under this Agreement.

 

2. Trade-In and Purchase Requirements To complete a Trade-In or Purchase, or any other transaction with JydeMobile, you must: (i) create an account with us (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) follow strictly all terms and conditions listed in this Agreement; and (iv) comply with all applicable laws and regulations, including all import and export laws as stated in Section 15. (v) Transact for yourself only and not on behalf of another individual; and (vi) Be up to eighteen (18) years of age and have the legal right to enter into an agreement and to convey title and interest in any Product that you submit to us. To receive the device purchased from JydeMobile; you must provide us with valid information which includes your email address that you can receive messages with, also, a valid shipping address to which the purchased item will be delivered to, and your name.

 

 On JydeMobile behalf, Stripe/PayPal will process your payment for a purchase, and you are required to provide your active debit/credit card number, expiration date and CVV code. JydeMobile doesn’t receive or store your card information. JydeMobile shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from JydeMobile, and we are 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 and up to date information about yourself: (a) We will not be liable for any misapplied Trade-In payments or Trade-In payments received to the wrong address, and (b) any unclaimed money may be subject to recovery by governmental entities under relevant unclaimed funds and escheat laws. You agree that if any of your unclaimed funds are given over to governmental entities in line with applicable law, we will have no duty to you.

 

 The following terms apply to any Purchase transaction as well:

 1) Debit/Credit Card – JydeMobile will charge your card when you place your order.

2) Sales Tax – All items shipped to other states/countries or jurisdiction where we are legally required to collect sales tax will be subject to state sales tax.

3) Returns – JydeMobile offers a 14-day domestic return policy which commences on the delivery date, as reported by the shipping carrier. In the event of a return, JydeMobile will refund the full amount of the item(s) being returned minus a restocking fee. If free return shipping applies to a purchase, it is only valid within the 48 Mainland United States territories based on the original delivery address that is provided at the time of purchase. The cost of any return without an RMA and without using the supplied carrier label is your responsibility.

4) Consumables, such as batteries, have a limited lifespan and may not operate as well as new. Please keep in mind that some devices require service, carrier service contracts, and/or data plans to function properly. These services and plans are not included in the purchase price, and JydeMobile will not provide them unless and until they are individually offered and purchased.

 5) Product Pricing – JydeMobile modifies prices on a regular basis based on a range of criteria, including market conditions and individual Product condition, and so does not price match other Product sellers or provide price modifications once a payment is complete. Prices for the same or similar Products on the JydeMobile Website and third-party marketplaces such as eBay or Amazon may differ.

6) Product Availability – Products are not guaranteed to be available until JydeMobile accepts the Purchase order and confirms it on the corresponding JydeMobile Website. Regardless of the foregoing, JydeMobile maintains the right to cancel any Purchase order at any moment prior to Product delivery for any reason.

7) Maximum Product Quantity – JydeMobile doesn’t have any purchase limit, if you want to buy a larger quantity, please contact Customer Service.

8) Partial Order Fulfillment – If an order can only be partially fulfilled, JydeMobile will ship all available Products and refund the difference to the original form of payment.

 9) Technical Support – JydeMobile does not offer any technical or other support in connection with any of the Products offered for sale.

 

3. Product Eligibility: JydeMobile, in its absolute discretion, determines which Products are eligible for purchase or sold through the JydeMobile website, and which eligible Products JydeMobile offers to sell. JydeMobile may terminate the eligibility of specific Products at any time and without notice. JydeMobile maintains the right, at any time prior to delivery of the Product to You, to cancel any Purchase and reimburse any applicable purchase amount received by JydeMobile.

 

4. Product Condition: Please refer to our Grading section to find out more about the conditions of our products.

 

 

5. Product Evaluation: All offers will be dependent on JydeMobile own assessment of the Product value, which will be dependent on the accuracy of the information you provide us. JydeMobile will evaluate the Product value at its discretion, considering criteria such as the Product’s model, functionality, and condition etc. When you receive an offer, you have the option of either accepting or declining the offer. Acceptance signifies that you are willing to sell your product to JydeMobile at the price offered. If you do not accept JydeMobile offer after 24 hours, the transaction will be terminated.

 

6. Eligibility for Sale; Phone and Internet Service: You must own all rights, title, and interest in all Products you wish to sell to JydeMobile, and all Products must be able to be activated for new service (unless the Product is in “Broken” status). The Products, as well as their sale and shipment to JydeMobile, must: (a) comply with all applicable laws, statutes, and ordinances, including, without limitation, all import and export laws as described in Section 14 below; (b) not contravene on third party rights to intellectual property (including copyright laws, trade names, patents, trade secrets, or other proprietary rights); and (c) not be counterfeit, stolen, or fraudulent. You certify and warrant that the Products are free of any defaults and outstanding debts, by using the JydeMobile Services, you undertake to hold JydeMobile harmless from any claims or losses incurred because of any breach of your representations and warranties. It is your responsibility to turn off the phone, Internet, and/or any other comparable services on your Product before shipping the product to us. JydeMobile is not liable for any service charges associated with your Product, whether incurred before, during, or even after your use of the Services. It is also your duty to remove any passcodes that might prevent any Product from being used.

 

7. Trade-ins: All components included in your descriptions when we computed your Trade-In offer, or, in the event of Purchase must be shipped to us at the address provided during offer. This may include software, accessories, adapters, and manuals for Trade-In. Failure to include any things you mentioned when the offer was computed or delivering us a Product that does not match your initial description, may have an impact on the final value of your Product and result in a revised offer.

 

8. Product Examination: Your Trade-in Product must be received by JydeMobile within Fourteen (14) days of accepting our offer and completing the check-out process on the JydeMobile Website (the “Delivery Period”), or the offer will expire. We will examine all Products upon receipt. JydeMobile retains the right to accept or reject the Product, including, but not limited to, any Product that does not conform to the description you provided to us, any Product that has been modified in such a way that it no longer complies to the original factory specifications, and any Product that does not comply with applicable laws.

 

9. Data Removal from Your Product: When sending your Product to us for Trade-In, you must back up and store any data you desire to keep from your Product and erase any personal details from the Product. Similarly, if you are making a return for an initial purchase, ensure to erase any personal data from the product before shipping back to JydeMobile. By sending the Product to JydeMobile, you agree to release us from any claim regarding 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 JydeMobile (whether in connection with a Trade-In or a Purchase), or the security, integrity, confidentiality, disclosure, or use of such data. JydeMobile is not liable for: (a) any loss you suffer because of data that is not wiped from the device and is transferred to a third party, or (b) any data loss that occurs after you submit the Product to us.

 

• Risk-Of-Loss. You bear the risk of loss for the Products sent to JydeMobile for Trade-In until they are delivered to us. You are liable for any damage to your Product while it is in transit. We assume risk of loss when we receive the and this responsibility ends if we return your product to you for whatever reason. To minimize confusion, the risk of loss will be transferred to you after JydeMobile sends the package to the carrier and you will be responsible for the risk of loss while the Product is in transit. If you return a Product purchased from JydeMobile, you are liable for the Product’s risk of loss until we receive it. You are responsible for any damages that may occur to the Product while in transit back to us.

 

• Product Rights Releasing: We cannot and does not guarantee that we will be able to honor any request for return of the Product and/or any data or information contained in such Product once you send it to JydeMobile for Trade-In. Instinctually, if JydeMobile rejects the Product or you do not accept any new offer for the Product in accordance with Sections 9 and 10 (“Return Circumstances”), your Product will be returned to you in accordance with Sections 8 and 14.

 

• Title transfer: JydeMobile acquires title to the applicable Product sent to JydeMobile for Trade-In upon the acceptance of the Product for the original or new offer, as applicable. If a Return Circumstance occurs, the title will not pass and will remain with you.

 

• Non-Transferable: Our offer for your Product for Trade-In is nontransferable and not collectable of any other value than what JydeMobile has provided.

 

• Recalculated Product Offers after Inspection: If JydeMobile recalculates the offer it made for the Product after it has been received and inspected for Trade-In, as explained above, you may accept or reject the new offer. If you accept the revised offer, you will be reimbursed in accordance with the conditions of this service. If you reject the revised offer, JydeMobile will return the Product to you at the original shipping address. We will grant you a fifteen-day grace period and send you a revised offer to the email address you provided, giving you the option to accept or reject the new offer (the “New Offer Period”). During the New Offer Period, JydeMobile will also notify you of the outstanding new offer two more times. However, if you do not affirmatively accept or reject the new offer during the New Offer Period, you will be presumed to have accepted the new offer and will be paid the new offer price in the usual course and in line with these service terms. To be clear, your acceptance of the initial offer and/or any additional offer is final, and you may not change your mind about accepting such offer afterwards.

 

15. Import and Export Laws: You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to JydeMobile in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: 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 may not offer or provide to JydeMobile for sale, any Products that would violate the provisions of this Section 15.

 

16. Promotion JydeMobile may, in its sole discretion, offer promotional programs as an incentive to clients from time to time. Payment-related promotions are applied as an increment to a customer’s Product’s final value, but they are not deemed a change in that final value. Promotional programs feature well stated parameters such as expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise noted, you must apply promotions before checking out. To avoid confusion, promotions cannot be added to the same transaction once checkout is complete.JydeMobile maintains the right to cancel or deny promotions at its sole discretion.

 

17. Accuracy of Products: All information is correct. JydeMobile makes every effort to ensure the veracity of any Product-related information you receive. However, typographical errors, technical inaccuracies, price problems, and other errors or omissions may occur from time to time. As a result, JydeMobile reserves the right, prior to payment, to: (a) correct an inaccuracy. (b) Modify the offer or cancel the Purchase before receiving the Product. If the Product has already been sent to JydeMobile for Trade-In, the modified offer will become a New Offer, subject to the procedures outlined in Sections 9 and 10. Otherwise, the modified offer will be a reissued original offer that you can accept or reject. (c) Cancel a transaction, If the Product has already been submitted to JydeMobile, JydeMobile is presumed to have rejected it, resulting in a Return Circumstance as defined in Section 11.

 

18. Privacy: Please see our Privacy Statement for details on how we collect, use, and disclose information about you.

 

19. Electronic Transactions and Notices: You agree to transact with us electronically, including consenting to terms and conditions and offering to sell your Product by electronic means. You permit JydeMobile to send you terms and important notices regarding JydeMobile and your transactions by email or by publishing notices on a relevant page (or my account area) on www.jydemobile.com. It is your responsibility to keep your email address accurate and up to date, to preserve a valid email address, and to ensure that the emails we send you are not filtered or prevented by spam filters or other forms of email blocking functionalities.

 

 

20. You are responsible for obtaining any equipment and services needed to access and use the JydeMobile website including all devices, Internet browsers, and Internet access, at your own expense. If you use a mobile or wireless device to access our website or any JydeMobile Services, you are responsible for any fees that your carrier may charge you for data, text messaging, or other wireless access or communications services.

 

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

 

22. No Warranties WE PROVIDE THE JYDEMOBILE SERVICES AND WEBSITES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND High satisfaction QUALITY. WE MAKE NO PROMISES THAT YOUR TRANSACTIONS WITH JYDEMOBILE WILL MEET YOUR NEEDS.

 

23. Limited Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, JydeMobile AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, OR CONTRACTORS (COLLECTIVELY, THE ” JydeMobile PARTIES”) SHALL NOT BE LIABLE FOR SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JydeMobile AND THE JydeMobile PARTIES’ (JOINT) AGGREGATE LIABILITY Coming OUT OF OR Related TO YOUR ACCESS TO OR USE OF THE JydeMobile WEBSITE SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (I THE LIMITATIONS IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE OUR LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS, OR Careless Misbehavior, OR FOR Injury Claims OR Damage To property CAUSED BY PRODUCTS YOU PURCHASE Through JydeMobile website.

 

24. Indemnity: You agree to indemnify, defend, and keep JydeMobile and the JydeMobile Parties harmless from and against all claims, liabilities, damages, losses, costs, expenses, or charges (including reasonable attorneys’ fees) made against JydeMobile or the JydeMobile Parties. (Including reasonable attorneys’ costs) that such parties may incur as a consequence of or in connection with your violation or breach of any of the terms of this Agreement. We reserve the right to take sole defense and control of any issue that would otherwise be subject to your indemnification, and in such instance, you agree to cooperate with our defense of such claim.

 

25. 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 JydeMobile of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.

 

26. Correction of Errors and Inaccuracies. The JydeMobile Websites and any correspondence associated with a transaction may contain typographical mistakes or other errors or inaccuracies and may not be comprehensive or up to date. As a result, JydeMobile reserves the right to correct any mistakes, inaccuracies, or omissions, as well as change or update the content, at any time and without notice. However, JydeMobile makes no guarantees that any errors, inaccuracies, or omissions will be fixed.

 

27. Modification: JydeMobile maintains the right to change the terms of this Agreement at any moment.

 

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 MINNESOTA 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 BELOW, 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 SUFFOLK COUNTY, MASSACHUSETTS, 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.