Effective date: 11/17/18
Ucellwebuy services llc, and its parent, subsidiaries and affiliates ( ucellwebuy, we, or us ) provides services (the ucellwebuy services ) allowing you to
a). Sell certain wireless communications devices after receiving an offer from ucellwebuy and
b). Purchase certain wireless communications devices from ucellwebuy. The wireless communications devices bought and sold through the ucellwebuy services are referred to herein as the devices .
You must agree to abide by the following terms in order to use the ucellwebuy services and/or the ucellwebuy website (as defined below).
By creating a ucellwebuy account, or by using the ucellwebuy website or ucellwebuy services, you agree to the following terms, including arbitration of any and all disputes as set forth in section 25 below, which may be amended at any time by posting amended terms on the ucellwebuy website. Any amended terms will be automatically effective immediately after they are posted. Ucellwebuy reserves the right to terminate or suspend your use of the ucellwebuy website and/or the ucellwebuy services if you do not comply with this agreement (as defined below) or any other ucellwebuy policy or procedure, or for any other reason we determine, in our sole discretion.
1. This agreement governs any offer you receive (i) to sell your device to or through the website ucellwebuy.com operated by ucellwebuy (the ucellwebuy website ) or (ii) to purchase a device from or through the ucellwebuy website. This ucellwebuy purchase, sale and services agreement and the terms governing your use of the ucellwebuy website, the ucellwebuy services and any and all applications included therein, and any supplemental terms or policies that accompany a specific sale, purchase, transaction, feature or offer, collectively, make up an agreement between you and ucellwebuy (the agreement ). You acknowledge that this agreement is in electronic form and has the same force and effect as a written agreement. You or your means an individual or entity entering this agreement.
2. Requirements for device sales and purchases. To sell your device to ucellwebuy or to purchase a device from ucellwebuy, you must establish an account and provide current and accurate information about you.
When selling your device to
ucellwebuy, you agree to accurately identify the device and its condition when
completing transactions on the ucellwebuy website. You must also comply with
all of the terms of this agreement and with all applicable laws and regulations,
including all import and export laws as described in section 13 below. You may
only transact on behalf of yourself and not on behalf of others. You must be
over 18 years old and have the legal capacity to enter into agreements. To
receive payment for any device you sell to us, you must provide us with your
first and last name, a valid email address through which you agree to
communicate with ucellwebuy, and a valid physical mailing address where you
When purchasing a device from us, you must provide us with information including first and last name, a valid email address through which you agree to communicate with us, your phone number, your correct billing address, and a valid physical mailing address where you receive mail (if different from your billing address). The following also apply:
A.) You – you must also comply with all of the terms of this agreement and with all applicable laws and regulations, including all import and export laws as described in section 13 below. You may only transact on behalf of yourself and not on behalf of others. You must be over 18 years old and have the legal capacity to enter into agreements.
B.) Credit card or paypal – your credit card will be charged by ucellwebuy when your purchase is made, unless you choose to pay with your paypal account.
C.) Sales tax – state sales tax will apply in any jurisdiction in which we are obligated to collect sales tax.
D.) Returns – ucellwebuy offers a 30-day return policy which commences on the date of purchase, as recorded by ucellwebuy. In the event of a return, ucellwebuy will refund the full amount of the purchase price, plus any applicable sales tax, after confirming receipt of the device being returned.
E.) Carrier services – please be aware the some devices require wireless service, carrier service contracts and/or data plans to be fully functional. These services and plans are not included in the purchase price and are not provided by ucellwebuy unless and until separately offered and purchased.
F.) Device pricing – ucellwebuy regularly adjusts prices based on a variety of factors, including market conditions and individual device condition, and therefore does not price match other sellers of similar devices and does not offer price adjustments once a payment is complete. Prices for the same or similar devices may vary between the ucellwebuy website and third-party marketplaces like amazon and ebay.
G.) Device availability – devices are not guaranteed to be available until the purchase order is accepted by ucellwebuy and confirmed on the ucellwebuy website. Notwithstanding the foregoing, ucellwebuy reserves the right to cancel any purchase order at any time prior to delivery of the device for any reason.
H.) Customer support – ucellwebuy does not provide any technical or other support in connection with any device offered for sale through the ucellwebuy website.
You are responsible for all device use and set up. Ucellwebuy is not responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for receiving and reading emails from ucellwebuy. You understand and agree that we are not responsible for any payments sent to a wrong person or address because of incorrect information submitted by you, and that any unclaimed funds may be subject to collection by governmental authorities. You agree that we have no obligation to you if any of your unclaimed funds are provided to those authorities under applicable law.
3. Device eligibility. Ucellwebuy
determines, in its sole discretion, which devices are eligible for purchase and
sale by ucellwebuy. Ucellwebuy may terminate eligibility of certain devices at
any time without notice, but such termination will not affect any devices for
which you have already accepted an offer, which is good for 30 days, except as
set forth in section 9 below.
4. Condition of device. As described in section 9 below, when you sell a device to ucellwebuy, ucellwebuy will inspect your device condition upon receipt and will compare that condition to the answers you provided during the submission process on the ucellwebuy website.if you are uncertain about your device s condition, please seek guidance by contacting our customer care.
5. Device valuation. All offers by ucellwebuy to purchase devices will be based on ucellwebuy s determination of device value and depend on the accuracy of the information you supply us. Ucellwebuy will use its discretion to determine device value based on, among other things, the device model, functionality and condition and whether necessary device accessories have been provided by you. Upon receiving an offer for your device from ucellwebuy, you may accept or reject it. Acceptance means you agree to provide your device to ucellwebuy at the offered price. If you do not accept ucellwebuy s offer and do not send your device to ucellwebuy, the specific transaction will expire after 30 days. If you still want to sell your device to ucellwebuy after rejecting an offer from ucellwebuy, you must initiate a new transaction (at which point device eligibility and offer value may have changed from your initial offer).
6. Sale eligibility. You must have all right, title, and interest in any and all devices you seek to sell to ucellwebuy and all devices must be able to be activated for new service. Devices and their sale and shipment to ucellwebuy: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in section 13 below, (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 any devices you sell to ucellwebuy are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the ucellwebuy services, you agree to indemnify ucellwebuy from all claims or losses sustained by ucellwebuy as a result of any breach of your representations and warranties. It is your responsibility to discontinue wireless service, carrier service contracts and/or data plans on your device before selling it to ucellwebuy. Ucellwebuy is not responsible for any service charge related to your device, whether you incur such charges before, during or after your use of the ucellwebuy services. It is also your responsibility to remove any security codes (such as find my iphone) that would prevent resale or use of any device you sell to ucellwebuy.
7. Providing your device
to ucellwebuy. When packaging your device in the shipping materials we provide
to you, you must include all required
accessories and materials for your device. This may include software, accessories, adapters, and manuals. Failure to do so, or if you send us a different device or something else entirely, may impact the payment of any refund you request from ucellwebuy or result in a lower payment for your device or rejection of the device and cancellation of the offer.
8. Remove data from your device. You must remove or back up and store any data you wish to keep from your device, and remove any personal information from the device, before sending it to ucellwebuy. Ucellwebuy s practice is to remove all such data and information from the devices we purchase, but we make no guarantee that we will do so. By sending ucellwebuy your device, you agree to release us from any claim regarding or arising from the device, the data stored in the device, or any information on any media used in conjunction with the device you send to ucellwebuy, or for such data s security, integrity, confidentiality, disclosure or use. Ucellwebuy is not responsible for any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or any loss of data after you submit a device to ucellwebuy.
9. Device inspection;
final offers. When selling your device to ucellwebuy, your device must be
received by ucellwebuy within 30 days after you accept the initial offer
provided by ucellwebuy on the ucellwebuy website (the offer period ) or the offer will automatically
expire. You must use and follow the packing and shipping instructions provided
to you by ucellwebuy to avoid possible delays in processing, damage to or loss
of the device. Ucellwebuy will inspect all devices you send us and reserves the
right to reject the device, including without limitation, because the device
does not conform to the description you provided during your transaction on the
ucellwebuy website, the device is modified such that it no longer conforms to
the original factory specifications, the device no longer complies with
applicable laws or regulations (such as fcc rules) and/or the device is damaged
or lost in transit. If ucellwebuy rejects the device for any reason, including
the above reason(s), the initial offer will automatically expire. Ucellwebuy
reserves all rights to revoke the initial offer and make an adjusted offer for
the device in the event (a) the device and/or included accessories and
materials are not as described, (b) the device is received by ucellwebuy after
the offer period, and/or (c) ucellwebuy receives device(s) not matching those
identified by you in your transaction(s) on the ucellwebuy website. To
the extent ucellwebuy makes an adjusted offer for your device, you will be
given five (5) days from the date of that offer to accept or reject the adjusted
offer. If you reject the adjusted offer, or do not accept it during that five
(5) day period, the adjusted offer will automatically cancel and the device
will be returned to you.the amount paid to you, if any, will reflect the value
of the initial offer or any adjusted offer accepted by you on the ucellwebuy
10. Transfer of device rights to ucellwebuy.once you sell or return your device, ucellwebuy cannot and does not guarantee that it will be able to return the device (including any information contained in it). If ucellwebuy rejects the device, your device will be returned to you; provided, however, that ucellwebuy reserves the right to dispose of, and not return to you, anything you send to ucellwebuy that does not qualify as a wireless communications device as determined by ucellwebuy (e.g., a television, set top box, laptop computer, food, clothing or anything else that doesn t resemble the device you described during your transaction on the ucellwebuy website). Title to the device passes to ucellwebuy upon ucellwebuy s acceptance of the device. If ucellwebuy returns a device to you, for whatever reason, title shall not pass and shall remain with you.
11. Risk-of-loss. When
selling a device to ucellwebuy, you are responsible for the risk-of-loss for or
damage to any device until it is received by ucellwebuy at the location
specified in the shipping materials we provide. Ucellwebuy is responsible for
risk-of-loss when it receives your device at the specified shipping location,
and ucellwebuy remains responsible for the risk-of-loss unless/until ucellwebuy
returns the device to the carrier selected to return your device to you. If you
return a device to ucellwebuy that you purchased from ucellwebuy, you are
responsible for the risk-of-loss for the device until ucellwebuy receives the
device.you are responsible for any damage that may occur to the device while in
transit back to ucellwebuy.
12. Non-transferable. Any offer by ucellwebuy for your device is non-transferable and not redeemable for any other consideration other than what is finally paid by ucellwebuy after inspection of your device.
13. 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 government agency or authority, and that you will not directly or indirectly transfer any device without authorization. You bear responsibility for and assume all expenses relating to your compliance with governing laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any device to ucellwebuy in connection with a sale, including without limitation, valuation, classification and duties applicable with the import of any goods. Note: united states trade sanctions administered by the office of foreign assets control ( ofac ) generally prohibit the importation into the united states (including united states territories), either directly or indirectly, of most goods, technology or services from, or which originated from, crimea, cuba, iran, north korea, or syria; or from persons designated on restricted parties lists administered by ofac. In addition, under united states export regulations there are restrictions on exports of items to these destinations, and to sudan, and to restricted parties designated by ofac or designated on restricted parties lists administered by the departments of state and commerce. You may not offer or provide to ucellwebuy, any device that would violate the provisions of this section 13.
14. Promotions. From time to time, and at ucellwebuy s sole discretion, ucellwebuy may offer promotional programs. Promotions involving payments are applied as an increment to the final payment for your device, but they are not considered a change in the final offer for the device or its value. Promotional programs have explicitly defined terms, including, but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Ucellwebuy reserves the right, in its sole discretion, to cancel or refuse promotions.
15. Accuracy of
information. Ucellwebuy makes every effort to ensure the accuracy of all
information you receive in relation to your device. From time to time, however,
there may be typographical errors, technical inaccuracies, pricing or other
errors or omissions. As such, ucellwebuy reserves the right, at any time prior
to payment, to correct errors or change an offer.
17. Electronic notices and transactions. You agree to transact with us electronically, including without limitation, agreeing to terms or offering to sell your device electronically. You authorize ucellwebuy to provide you with terms and important ucellwebuy notices and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on the ucellwebuy 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 junk mail and spam filters (or similar types of email blocking tools).if you no longer desire to transact electronically with us, you may no longer use the ucellwebuy website. You can retrieve and review this agreement by clicking on the legal link on the ucellwebuy website.
18. Use of services. By using the ucellwebuy website, you agree not to (i) access any of the ucellwebuy services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by ucellwebuy and (ii) engage in any other activity that interferes with or disrupts the ucellwebuy services or performance of the ucellwebuy website.
19. No warranties. To the fullest extent permitted by applicable law, the ucellwebuy services and ucellwebuy website are provided as is, with all faults, and as available, without express or implied warranties of any kind. Ucellwebuy disclaims 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 ucellwebuy will meet your requirements.
20. Limited liability. To the fullest extent permitted by applicable law, in no event shall ucellwebuy or its directors, officers, employees, agents, distributors or contractors (collectively, the ucellwebuy 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 ucellwebuy 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 ucellwebuy and the ucellwebuy parties (jointly) arising out of or relating to your access to or use of the ucellwebuy services and ucellwebuy website exceed the greater of (i) the amount paid, if any, by you to us or (ii) $500. The limitations set forth in this agreement will not limit or exclude liability for ucellwebuy s gross negligence, fraud or intentional, malicious or reckless misconduct, or for personal injury or property damage caused by devices you purchase through the ucellwebuy services.
21. Indemnity. You agree to indemnify, defend, and hold harmless ucellwebuy and the ucellwebuy 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 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.
22. Entire agreement/no waiver. This agreement constitutes the entire agreement of the parties. The captions are only for convenience and are not part of this agreement or to be used in determining the intent of the parties. No waiver by ucellwebuy of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 5, 6, 8, 9, 10, 11, 13, 15, 18, and 19 through 25 shall survive termination of this agreement.
23. Modification. Ucellwebuy
reserves the right to modify this agreement at any time. If you do not agree to
the changes, you may discontinue using the ucellwebuy website and/or the ucellwebuy
services. Your continued use of any ucellwebuy website and/or ucellwebuy
services after any such changes take effect constitutes your acceptance of such
changes. Each time you buy or sell a device using the ucellwebuy services, you
reaffirm your acceptance of this agreement in effect at the time of your use of
the ucellwebuy services or the ucellwebuy website. You are responsible for
reviewing this agreement each time you use the ucellwebuy services and/or the ucellwebuy
24. Applicable law and venue. This agreement and the terms of the purchase and sale of devices using the ucellwebuy services and the transfer of title of devices, are governed by and construed in accordance with texas law and to the extent applicable, the laws of the united states. No conflict of laws or provisions of any jurisdiction will apply to this agreement or to such terms.
25. Dispute resolution. We hope to make you happy, but if there s an issue that needs to be resolved, this section outlines what s expected of both of us.
You and ucellwebuy both agree to resolve disputes only by arbitration or in small claims court. You understand that by this agreement you are giving up the right to bring a claim in court or in front of a jury. While the procedures may be different, an arbitrator can award you the same damages and relief, and must honor the same terms in this agreement, as a court would. If the law allows for an award of attorneys fees, an arbitrator can award them too. We also both agree that:
(a) the federal arbitration act applies to this agreement. Except for small claims court cases, any dispute that in any way relates to or arises out of this agreement or from any equipment, products and services you receive from us (or from any advertising for any such products or services), including any disputes you have with our employees or agents, will be resolved by one or more neutral arbitrators before the american arbitration association ( aaa ) or better business bureau ( bbb ). You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This agreement to arbitrate continues to apply even after you have stopped receiving service from us.
(b) unless you and ucellwebuy agree otherwise, the arbitration will take place in the county of your mailing address provided to us on the ucellwebuy website. For claims over $10,000, the aaa s consumer arbitration rules will apply. For claims of $10,000 or less, the party bringing the claim can choose either the aa s consumer arbitration rules or the bbb s rules for binding arbitration or, alternatively, can bring an individual action in small claims court. You can get procedures, rules and fee information from the aaa (www.adr.org), the bbb (www.bbb.org) or from us. For claims of $10,000 or less, you can choose whether you d like the arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone.
(c) this agreement doesn t allow class or collective arbitrations even if the aaa or bbb procedures or rules would. Notwithstanding any other provision of this agreement, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.
(d) if either of us intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to ucellwebuy should be sent to ucellwebuy services llc, 600 hidden ridge, irving, texas 75038.the notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. Ucellwebuy will reimburse any filing fee that the aaa or bbb charges you for arbitration of the dispute. If you provide us with signed written notice that you cannot pay the filing fee, ucellwebuy will pay the fee directly to the aaa or bbb. If that arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
(e) we may, but are not obligated to, make a written settlement offer anytime before the arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If you do not accept the offer and the arbitrator awards you an amount of money that s more than our offer but less than $5,000, or if we don t make you an offer, and the arbitrator awards you any amount of money but less than $5,000, then we agree to pay you $5,000 instead of the amount awarded. In that case, we also agree to pay any reasonable attorneys fees and expenses, regardless of whether the law requires it for your case. If the arbitrator awards you more than $5,000, then we will pay you only that amount.
(f) an arbitration award and any judgment confirming it apply only to that specific case, it can t be used in any other case except to enforce the award itself.
(g) if for some reason the prohibition on class arbitrations set forth in subsection cannot be enforced, then the agreement to arbitrate will not apply.
(h) if for any reason a claim proceeds in court rather than through arbitration, you and ucellwebuy agree that there will not be a jury trial. You and ucellwebuy unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
If you have any questions, concerns, or suggestions regarding this agreement, please feel free to email firstname.lastname@example.org.