DEVICE REPAIR GUY SALE AND PURCHASE TERMS & CONDITIONS
This website is owned by Device Repair Guy Limited, doing business as Device Repair Guy (“Device Repair Guy,” “we,” “our” or “us”) offers services (the “Services”) through which you can (i) sell certain consumer electronic products (the “Products”) after receiving an “offer” from Device Repair Guy by identifying your Product and its condition and completing offer process on the Device Repair Guy Website (each transaction, a “Sale”) and (ii) buy Products from us (each, a “Purchase”). By accessing and using this Website you agree to be bound by and to act in accordance with these Terms & Conditions (“Terms”) and our Policy (https://devicerepairguy.co.nz/policy/).
These terms govern (i) any information you provide to us about your Product, (ii) any offer that you receive to sell your Product through Device Repair Guy’s Website and (ii) any Product you purchase from Device Repair Guy’s Website. These terms, the terms that govern your use of the Device Repair Guy Website, the Device Repair Guy Services and any and all applications included therein, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and Device Repair Guy (the “Agreement”). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term “you” or “your” means an individual exercising rights under this Agreement.
IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT SUBMIT INFORMATION THROUGH OUR WEBSITE OR SEND YOUR PRODUCTS TO US. THESE TERMS MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE DEVICE REPAIR GUY WEBSITE. Device Repair Guy reserves the right to terminate or suspend your use of the Device Repair Guy Website and/or the Device Repair Guy Services if you do not comply with these Terms or any other Device Repair Guy policy or procedure, or for any other reason we determine, in our sole discretion.
1. TERMS RELATED TO THE SALE OF YOUR PRODUCT TO US:
2. In order to complete a Sale, you must: (i) provide true, up to date and accurate 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; (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.
3. In order to receive payments for any Products in connection with a Sale, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name and a photo ID. Device Repair Guy 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 Device Repair Guy and Device Repair Guy 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 and up to date information about yourself: (a) we will not be responsible for any misapplied Sale payments or Sale payments sent to a wrong address or wrong bank account number, 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.
4. Product Eligibility. Device Repair Guy determines, in its sole discretion, which Products are eligible for purchase by Device Repair Guy through our Website. Device Repair Guy 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 an offer, subject to inspection as set forth in Section 8 below.
5. Condition Defined for Sale. Device Repair Guy uses basic Product conditions to grade Products you wish to sell to us. Guidelines and condition definitions are shown during the quoting process on our Website. It is your responsibility to ensure that you review the definitions carefully and accurately choose the condition that applies to your Product. Condition definitions are subject to change at Device Repair Guy’s discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting Device Repair Guy’s customer Support (https://DeviceRepairGuy.co.nz/contactus/).
6. Product Valuation. All offers will be based on Device Repair Guy’s own determination of the Product value in reliance on the accuracy of the information you supply us. Device Repair Guy will use its discretion to determine the Product value, weighing factors that may include the Product’s model, functionality and condition. Upon receiving an offer, you have the option of accepting or rejecting that offer, or donating your Product. Acceptance indicates you are willing to provide your Product to Device Repair Guy at the offered price. If you do not accept Device Repair Guy’s offer within 5 days, the specific offer expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change. Sending us a Product which does not match your original description, may impact the final value of your product and may result in a revised offer or rejection of your Product as further described in sections below.
7. Fitness for Sale; Phone. You must have all right, title, and interest in any and all Products you seek to sell to Device Repair Guy and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in “Broken” condition). The Products and the sale and shipment of such items to Device Repair Guy: (a) must comply with all applicable laws, statutes, ordinances, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances. By using the Device Repair Guy Services, you agree to indemnify Device Repair Guy from all claims or losses sustained by Device Repair Guy as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone plan and/or any similar service on your Product prior to selling it to Device Repair Guy. Device Repair Guy is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your shipment of the Product to us. It is also your responsibility to remove any security codes that would prevent use of any Product.
8. Removing Data From Your Product. 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 from the Product before you send your Product to us for Sale. Device Repair Guy’s standard practice is to remove all such data from the Product; however, Device Repair Guy makes no guarantee that it will do so. By sending Device Repair Guy the 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 Device Repair Guy (whether in connection with a Sale or a Purchase), or for such data’s security, integrity, confidentiality, disclosure or use. Device Repair Guy 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 the Product to us.
9. Product Inspection; Offer Recalculation. Your Product must be received by Device Repair Guy within fourteen (14) days after you accept the original offer provided by Device Repair Guy and complete the offer process on the Device Repair Guy Website (the “Delivery Period”) or the offer shall automatically expire. Packing and shipping instructions provided to you by Device Repair Guy should be followed in order to avoid possible damage to or loss of the Product in transit. Device Repair Guy will inspect all Products that are received. Device Repair Guy has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (g., FCC rules, etc.) and/or any Product damaged or lost in transit. If Device Repair Guy rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Device Repair Guy reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by Device Repair Guy after the Delivery Period, and/or (c) Device Repair Guy receives Product(s) that are different from those identified when your offer was calculated. If you elect not to accept the recalculated offer price, your Product will be returned to you.
10. Recalculated Product Offers after Inspection. In the event Device Repair Guy recalculates the offer it provided for the Product after it has been received and inspected, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Device Repair Guy will return the Product to you at the address from which it was originally sent. Device Repair Guy will give you a period of fifteen (15) days after Device Repair Guy presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). If the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
11. Risk of Loss. You remain responsible for the risk of loss for the Products sent to Device Repair Guy for Sale until delivery of the same to Device Repair Guy. You are responsible for any damages that may occur to your Product while in transit. Device Repair Guy is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Device Repair Guy returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Device Repair Guy delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
12. Passing of Title. Title to the applicable Product sent to Device Repair Guy for Sale passes to Device Repair Guy upon Device Repair Guy’s acceptance of the Product for the original offer or the new offer, as applicable.
13. We do not purchase items that are account locked, remote managed, counterfeit, blacklisted, or not listed on our website as items we offer to purchase. Customers will be responsible for the shipping cost of these item types being returned. An invoice will be sent in this case for the amount of the return shipping cost. We allow 7 days to pay the invoice for the shipping cost in full from the date and time the invoice is emailed. If the invoice is not fulfilled within 7 days, the items will be responsibly recycled.
1. TERMS RELATED TO YOUR PURCHASE OF PRODUCTS FROM US:
2. 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). Device Repair Guy’s or our authorized payment processor will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your PayPal account or bank transfer).
3. GST Tax. State GST Tax will apply to all items shipped withing New Zealand.
4. Device Repair Guy provides shipping of Products you Purchase. Shipping options are also available and can be selected during the checkout process.
5. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping, transaction costs and handling costs, provided such return is made within seven (7) days of delivery with valid proof of purchase and provided such Products are returned in their original condition. The following applies to all returns:
1. You will be required to provide us with your order number and your. We will provide you with instructions for completing your return.
2. You bear the risk of loss during shipment of a return to us. We therefore strongly recommend that you fully insure your return shipment against loss or damage for your protection.
3. Refunds are processed within approximately four (4) business days of our receipt of your returned item. Your refund will be credited back to the bank account you specify.
6. 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 after some time of use. These services are not included in the purchase price and are not provided by Device Repair Guy unless and until separately offered and purchased.
7. Product Pricing. Device Repair Guy regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete.
8. Used Products. Device Repair Guy offers both new and used (refurbished) Products for sale. The condition of used Products will be disclosed in the Product description on our Website. The device may include scratches or other defects as described in the Product description.
9. LIMITED WARRANTY ON PRODUCTS PURCHASED. Device Repair Guy offers a limited warranty that begins on the date you Purchase a Product from us and ends three (3) months thereafter (“Warranty Period”). During the Warranty Period, we warrant that that the Products you Purchase from us will be free from defects in materials and workmanship. In our sole discretion, we will (i) repair or replace any defective Products free of charge or (ii) refund the purchase price of such Products. If we elect to repair or replace a defective Product, we will pay all shipping costs associated with the return and re-shipment of the Product within New Zealand only if the product was purchased outside Wellington. IN ADDITION TO THE LIMITATIONS OF LIABILITY CONTAINED IN SECTION III, SUBSECTION 5, BELOW, THE FOLLOWING LIMITATIONS APPLY TO THIS LIMITED WARRANTY:
1. This limited warranty extends only to the original purchaser of Products from our Website. It does not extend to any subsequent or other owner or transferee of the Product.
2. This limited warranty does not cover any damage due to: (i) transportation of the Product; (ii) improper use of the Product; (iii) your failure to perform any preventative or required maintenance; (iv) any modifications or repairs made to the Product after your Purchase; (v) normal wear and tear; or (vi) damage to the Product due to accidents, abuse or other actions or events after your Purchase that are beyond our reasonable control.
3. UNLESS PROHIBITED BY APPLICABLE STATE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
10. Stock Availability. At Device Repair Guy, we strive to ensure that all products listed on our website are available for immediate purchase and delivery. However, please note that some items may not always be in stock at our local warehouse. In such cases, we may need to order the product from our supplier, which could extend the delivery time.
III. GENERAL TERMS
1. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2. Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize Device Repair Guy to provide you with terms and important notices about Device Repair Guy and your transaction to an email address you provide to us or by posting notices on an applicable page on our Website. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may continue to do so by visiting our physical Device Repair Guy locations.
3. Use of Services. By using Device Repair Guy Website, you agree (i) not to access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Device Repair Guy; and (ii) not to engage in any other activity that interferes with or disrupts the Services or performance of the Device Repair Guy Website.
4. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE DEVICE REPAIR GUY SERVICES AND WEBSITE “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.
5. Limited Liability. THE REMEDIES DESCRIBED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVICE REPAIR GUY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, THE “DEVICE REPAIR GUY PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 DEVICE REPAIR GUY UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DEVICE REPAIR GUY AND THE DEVICE REPAIR GUY PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE DEVICE REPAIR GUY SERVICES AND DEVICE REPAIR GUY WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT.
6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
7. You agree to indemnify, defend, and hold harmless Device Repair Guy and the Device Repair Guy Parties 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 violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defence of such claim.
8. Entire Agreement/Severability/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. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. No waiver by Device Repair Guy of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
9. Correction of Errors and Inaccuracies. The Device Repair Guy Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Device Repair Guy therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website content at any time without prior notice. Device Repair Guy does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
10. Device Repair Guy reserves the right to modify these Terms at any time. If you do not agree to the changes, you may discontinue using the Device Repair Guy Website and/or the Device Repair Guy Services. Your continued use of any Device Repair Guy Website and/or Device Repair Guy Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Device Repair Guy or Purchase a Product from Device Repair Guy, you reaffirm your acceptance of these Terms as in effect at the time of such use.
11. 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 NEW ZEALAND. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN WELLINGTON DISTRICT COURT, 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.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email us at info@devicerepair.co.nz