Website User AgreementWe at Mobilcom Retail LLC (“Company”, “we” or “us”) welcome you to the MySellPhone.com website (“Website” or “MySellPhone”). The Website provides a service by which you (the “User”) offer to sell or buy certain electronic devices such as cell phones (hereinafter collectively referred to as the “Services”). In order to use the Services, you must agree to MySellPhone’s Terms and Conditions (“Agreement”) before you may access and / or use the Website and / or Services.
Please read the Agreement carefully. You are required to be at least eighteen (18) years of age to agree to this Agreement and to abide by all of its terms and conditions. We reserve the right to request documentation to verify your age.
About the Site TermsThe Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using MySellPhone before the changes take effect. Your continued use of MySellPhone after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms.
RegistrationRegistration is not required to visit the website, however, you are required to register with us and create an account if you desire to use all of the Website's services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify MySellPhone immediately by emailing contact@MySellPhone.com.
How our Service worksYou visit the site and search for the item / or items that you intend to sell. Next, you fill out the item form which asks questions about the item and its condition. Upon receipt of that information, the Site will display a price quote indicating the amount of money that we will pay for the item you have described in the item form. The price quote is valid for fifteen (15) calendar days from the date that the price quote is issued.
Item conditionMySellPhone has three (3) basic conditions to rate an item which include: “Flawless”, “Good”, and “Broken”. Conditions can vary between categories and types of products. MySellPhone item conditions can broadly be described as follows:
Broken: The cell phone is fully functional. Cracked front or back glass only. Touch screen works and everything other than the glass is in good condition with some minor cosmetic defects.
Good: The cell phone is fully functional with some minor cosmetic defects. There are no chips or major scratches.
Fawless: The cell phone is fully functional without any scratches, dents, dings, or wear. No blemishes whatsoever. It could pass as a brand new cell phone.
We consider a cell phone is fully functional if it satisfies all the following conditions:
- Complete (including battery and hides from battery)
- United States origin (can be locked on American operator or unlocked)
- Never exposed to liquid
- Not repaired, either modified, or opened
- Can make calls
- All its touches and components work (camera, joystick, thumb wheel, mechanism of opening...)
We do not accept any device that is iCloud locked or has "Find My iPhone" active.
Accuracy of InformationWe make all efforts to ensure that the information presented on the Site or in other communications including, but not limited to, price quotes is accurate. In the event of any typographical errors, technical inaccuracies, pricing errors or omissions, we reserve the right to correct the error. If we correct an error that will have a material effect on our price quote to you, you will have two (2) options:
- To continue with the transaction based on the corrected information
- To cancel your transaction, in which case we will promptly return your item to you
Accepting the OfferIf you choose to accept the offer to buy at that quoted price from MySellPhone, you then create an account and complete the checkout process. The Site will then send you an email containing a prepaid United States Postal Service (“USPS”) shipping label. Please make sure that your email system is set to receive emails from MySellPhone.com.
Shipping the ItemOnce you have received the shipping label, you pack the item carefully in your own shipping carton and ship it from a U.S. Post Office. We prepay the shipping costs when you use our prepaid label. However, if you wish to fully insure your package, insurance must be purchased by you at your sole expense. If you choose to use any other shipping service or carrier, you must do so at your own expense.
Risk-of-LossYou 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 MySellPhone. Upon delivery to us, MySellPhone is responsible for risk of loss when the package containing your item is opened and ceases in the event MySellPhone 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, MySellPhone is not and will not be held responsible if your item is lost or stolen when using the package pick-up service from USPS.
Title ProductMySellPhone receives the title to your item upon MySellPhone’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.
Inspection of the ItemYour Product must be received by MySellPhone within fifteen (15) days after you complete a checkout on our site and accept the original offer provided by MySellPhone. MySellPhone will inspect all Products that are received. Once we receive the item, our team inspects it to make sure it arrives in the condition stated in your item form. We then notify you that we have received your item and that it has been inspected. If it arrives in the condition stated, you will receive an email confirming this and we will issue payment in the amount of the price quote (by check or PayPal®).
PaymentPayment will be sent to you as soon as possible after the item has been delivered to us and inspected. MySellPhone is not responsible for fees charged by PayPal. Price quoted is the amount paid before any fees are possibly charged by PayPal. There are zero fees associated with receiving a check as payment, and you will receive the full amount as quoted by MySellPhone.
Revised quotesIf the item does not arrive in the condition stated in your item form, we will inform you of this via email and either cancel our offer and ship the item back to you at the address of record on the account or make a lower offer based on the condition it was received in. In the following cases, we apply automatically a depreciation to the purchase price:
- 25 % depreciation if the device was repaired, either modified, or opened
- 50 % depreciation if the device was exposed to liquid
If revised quote is accepted, MySellPhone will issue payment per the preference selected during the original quoting process.
If revised quote is rejected, MySellPhone will return your item, at no charge, within fourteen (14) days. If revised quote is not responded to within seven (7) days, MySellPhone's revised offer is bound and payment in the amount of the revised offer will be issued. The item must include all the materials you stated came with your item (i.e., chargers, adapters, accessories, software, etc.). Failure to include these pieces of your item will lower your quote and lead to recalculation if they are required for that particular trade-in.
MySellPhone is not responsible for any SIM cards or SD cards that may be sent to us.
Data RemovalMySellPhone is not responsible and will not be liable for the use of any personal information stored in memory of any devices after it has been sold. You expressly agree and understand that it is your responsibility to delete all data and other contents from any item sent to MySellPhone. This includes, but is not limited to phonebook information, personal codes, e-mail addresses, photos, and downloaded files.
ModificationsThis Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. Every time you submit a Product for sale to MySellPhone, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the MySellPhone website. The last date this Agreement was revised is set forth below. Terms and Conditions modifying this Agreement are effective immediately upon posting.
Last Updated: May 05, 2016