Terms of service
Terms of Sale Agreement
CellPhone Attic, Inc. ("CellPhone Attic by BizGo Technologies") offers services (the "CellPhone Attic Services") through which you can buy Products (each sale, a “Purchase”). You must agree to abide by the following terms in order to use the CellPhone Attic Services and/or the CellPhone Attic Website.
BY SETTING UP AN ACCOUNT, OR BY USING CELLPHONE ATTIC'S WEB SITE, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE CELLPHONE ATTIC WEBSITE. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
CellPhone Attic reserves the right to terminate or suspend your use of the CellPhone Attic Websites and/or the CellPhone Attic Services if you do not comply with this Agreement or any other CellPhone Attic policy or procedure, or for any other reason we determine, in our sole discretion.
1. About These Terms. These terms govern (i) any Product you purchase from CellPhone Attic. These terms, that govern your use of CellPhoneAttic’s web sites, including CellPhoneAttic.com and www.CellPhoneAttic.com/legal, the terms of CellPhone Attic’s privacy disclosures located at http://www.cellphoneattic.com/pages/policy and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and CellPhoneAttic (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 or entity exercising rights under this Agreement, and the term "CellPhoneAttic," "we" or "us" means CellPhoneAttic and its affiliates and subsidiaries.
2. Requirements for Purchase. In order to complete any transaction with CellPhoneAttic, you must:
(i) Create an account with us,Provide true, up to date and accurate account information about yourself. ii Comply with all terms and conditions of this Agreement;
(iii ) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below;
(v) Transact on behalf of yourself and not on behalf of others; and
(vi) 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 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). On CellPhone Attic’s behalf, PayPal 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). CellPhone Attic will not receive or store your credit card information.
CellPhone Attic shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from CellPhone Attic and CellPhone Attic 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 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.
The following terms also apply to any Purchase transaction:
o Credit Card – Your credit card will be charged by CellPhone Attic when your order is placed, unless you choose to pay with your PayPal account.
o Sales Tax – State Sales Tax will apply to all items shipped within Taxes or any other jurisdiction in which we are legally obligated to collect sales tax.
o Shipping - Shipping is not free. CellPhone Attic provides fixed, leveled prices associated with ground, expedited, and next day shipping. Shipping is provided by either FedEx or UPS.
o Returns - CellPhone Attic offers a 30-day domestic return policy which commences on the delivery date, as reported by the shipping carrier. In the event of a return, CellPhone Attic will refund the full amount of the item(s) being returned minus a $15 restocking fee. If free return shipping applies to a purchase, it is only valid within the 50 United States based on the original delivery address and is provided via FedEx. The cost of any return without an RMA and without using the supplied FedEx label is your responsibility.
o 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, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by CellPhone Attic unless and until separately offered and purchased.
o Product Pricing - CellPhone Attic 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. Prices for the same or similar Products may vary between the CellPhone Attic Websites and third-party marketplaces like eBay or Amazon.
o Product Availability – Products are not guaranteed to be available until the order for Purchase is accepted by CellPhone Attic and confirmed on the applicable CellPhoneAttic Website. Notwithstanding the foregoing, CellPhone Attic reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason.
o Maximum Product Quantity – CellPhone Attic does not permit more than three (3) Product purchases per transaction. If you are interested in purchasing a greater quantity, please contact Customer Care at 832-834-7545.
o Partial Order Fulfillment – If an order can only be partially filled, all available Products will ship and CellPhone Attic will reimburse the different to the original method of payment.
o Technical Support – CellPhone Attic does not provide any technical or other support in connection with any Product offered for sale. You are responsible for all Product use and set up.
4. Product Eligibility. CellPhone Attic determines, in its sole discretion, which Products are eligible for sale by or through the CellPhone Attic Services and CellPhone Attic Websites and for which eligible Products CellPhone Attic will provide an offer or sell. CellPhone Attic 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, which is good for thirty (30) days, except as set forth in Section 9 below. CellPhone Attic reserves the right to cancel any Purchase and refund any applicable purchase price actually received by CellPhone Attic at any time prior to delivery of the Product to You.
5. CellPhone Attic offers two (2) Product conditions for Purchase: (i) "CellPhone Attic Certified USED Good", which means all Product features work (except for those requiring carrier service or data plans, which must be purchased separately if so desired) and the device may include minor scratches; and “CellPhone Attic Certified Like New”, which means all Product features work (as noted above) and is cosmetically like new. All Products available for Purchase are, where applicable, eligible for activation on the carrier network identified for that particular device.
6. If you return a Product to CellPhone Attic that you Purchased, you are responsible for the risk-of-loss for the Product until CellPhone Attic receives the Product. You are responsible for any damages that may occur to the Product while in transit back to CellPhone Attic.
7. Privacy. We view protection of users' privacy as a very important community principle. When you use the CellPhoneAttic Web Site and the CellPhoneAttic Services, we collect information about you. You agree that we may collect and use your information in accordance with the CellPhone Attic Privacy Policy, which you can review by going to http://www.cellphoneattic.com/pages/policy, as the same may be updated from time to time. If you object to your information being transferred or used in this way please do not use our Web sites or services.
8. Electronic Notices and Transactions.
You agree to transact with us electronically, including without limitation, agreeing to terms and conditions. You authorize CellPhone Attic to provide you with terms and important notices about CellPhone Attic and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.CellPhoneAttic.com. 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 no longer use the CellPhone Attic Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.CellPhone Attic.com.
9. Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the CellPhone Attic Websites and the CellPhone Attic Services, including all devices, Internet browsers and Internet access. If you access the CellPhone Attic Website and the CellPhone Attic Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
10. Use of Services. By using CellPhone Attic Websites, you agree not to (i) 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 CellPhone Attic; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the CellPhone Attic Websites.
11. No Warranties. WE PROVIDE THE CELLPHONE ATTIC SERVICES AND WEBSITES "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. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH CELLPHONE ATTIC WILL MEET YOUR REQUIREMENTS.
12. Limited Liability. IN NO EVENT SHALL CELLPHONE ATTIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS 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 CELLPHONE ATTIC UNDER THIS AGREEMENT. Some states do 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 CellPhone Attic, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors 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 (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 case, you agree to cooperate with our defense of such claim.
14. 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 CellPhone Attic of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
15. Correction of Errors and Inaccuracies. The CellPhone Attic Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. CellPhone Attic therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. CellPhone Attic does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
16. Modification. CellPhone Attic reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the CellPhone Attic Websites and/or the CellPhone Attic Services. Your continued use of any CellPhone Attic Website and/or CellPhone Attic Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to CellPhone Attic, 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 CellPhone Attic Websites and/or the CellPhone Attic Websites. The Agreement is and will be located at www.CellPhone Attic.com/ main/service_terms. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
17. Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH TAXES 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 BOSTON, 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.
