mac me an offer Agreement
Mac of all trades dba mac me an offer and its parent, subsidiaries, and affiliates (“MMAO”/”we”/”us”/”our”) offers services (“Service(s)”) through which can sell certain consumer electronic devices (“Device(s)”) after receiving an offer to purchase from mac me an offer (“Offer(s)”) by identifying your product and completing the submission process (“Submission(s)”/”Submitted”) on the mac me an offer website.
You must agree to abide by the following terms in order to use our website and Services. We reserve the right to suspend or terminate your use of our website and Services if you do not comply with this Agreement or any of our policies or procedures, or for any other reason we may determine, at our sole discretion. These terms govern your use of our website, Services, and any Offer you receive from us to purchase your Device(s). You acknowledge that this Agreement is in electronic form and has the same force, validity, and effect as an agreement made in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
The following terms and conditions are legally incorporated by reference into our complete agreement, available here (https://www.iubenda.com/terms-and-conditions/53619517). Your use of our website, including but not limited to conducting a transaction with our business, legally indicates acceptance of our agreement, including but not limited to these terms & conditions.
In order for a Submission to be valid, you must: (I) Provide accurate, up to date contact information for yourself and information about your Device; (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; (V) Be at least eighteen (18) years of age and have the competency and capacity to enter into a legally binding agreement; (VI) Be able to convey clear and unencumbered title and interest in your Device.
In order to receive payment for your Device, you must provide us with your first and last name, and depending on the payment method you selected during the submission process, either: (I) a valid postal address to which we can send a check via USPS, or (II) the phone number associated with your Zelle account.
We will not be responsible for communication errors should your contact information be inaccurate, nor emails not received because they were blocked or filtered as spam. You understand that if you fail to provide us with accurate information: (I) we will not be responsible for any check sent to the wrong address or misapplied Zelle payment, and (II) any unclaimed funds may be subject to collection by governmental authorities under applicable 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.
We determine, in our sole discretion, which Devices are eligible for Offers and may terminate eligibility of certain Devices at any time without advance notice. Such termination will not affect any Device for which you have already accepted our Offer, which is valid for fourteen (14) days.
We use three (3) basic categories to grade a Device’s cosmetic condition: (I) Excellent, (II) Good, and (III) Fair. Conditions can vary widely between categories and types of Devices. Broadly, our definitions are as follows: (I) Excellent: minimal wear, such as light scratches on the outer casing. (II) Good: minor wear, such as more noticeable scratches and scuffs, minor dents, and/or screen wear noticeable only when the screen is off. (III) Fair: moderate to heavy wear, such as wear more severe than detailed in the previous categories. All categories assume full functionality of the Device.
All offers will be based on our determination of your Device’s value in reliance on the accuracy of the information you supply us regarding model, condition, functionality, and the inclusion of necessary accessories. Upon receiving our Offer, you have fourteen (14) days to accept it by shipping your Device. If you do not accept within that period or notify us that you decline, our offer expires. Should you change your mind, you will need to create a new Submission, at which point, assuming your Device is still eligible for purchase, our new offer may be different as Device prices are subject to change.
FITNESS FOR SALE
You must have all right, title, and interest in any Device you seek to sell, and the Device must be eligible for new service activation. The Device, shipment, and sale of the Device: (I) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws, (II) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (III) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Devices are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using our Services, you agree to indemnify us from all claims or losses sustained as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service/contract on the Device prior to selling. We are not responsible for any service charges related to the Device, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any encumbrances that would prevent full use of the Device.
You must back up and store any data you wish to keep from your Device prior to shipment. Our standard practice is to erase all data from the Device; however, we make no guarantee that data is completely recoverable or unrecoverable. By sending us your Device, you agree to release us from any claim as to the Device, the data stored in such Device, or any information on any media used in conjunction with the Device and which you send to us, or for such data's security, integrity, confidentiality, disclosure or use. We are not responsible for: (I) any loss suffered by you due to any data that is not erased from the Device and transferred to a third party, or (II) any loss of data after you shipped the Device to us.
Packing recommendations provided to you by us are based on the shipping carrier’s requirements and should be followed in order to avoid possible damage to or loss of the Device in transit. Unless we state otherwise, all upgrades and accessories you selected and/or noted in your Submission are factored into our Offer and should be shipped with your Device. We shall assume that any accessory shipped with the Device not detailed in your Submission or otherwise discussed and explicitly stated as factored into our Offer prior to shipment has been discarded by you. You must ship your Device within fourteen (14) days of us sending you our Offer. Your Device is considered shipped when a representative of the shipping carrier scans the label and takes possession of the package. By shipping your Device using a label we provide, you are actively entering into this Agreement and accept that both any action we take thereafter, and your options related to those actions, are bound by its terms.
DAMAGE OR LOSS IN TRANSIT
Shipments are insured for damage and loss. Damage claim eligibility shall be determined as follows: (I) Packaging must meet the shipping carrier’s requirements. (II) Device damage must be consistent with packaging damage. Loss claim eligibility shall be determined as follows: (I) Tracking information for the Device must indicate the carrier accepted possession of the package. (II) The package must arrive with damage that would allow the Device out of the package or the carrier must fail to deliver the package by their expected delivery date. Provided these conditions are met, we are able to file a claim with the carrier. Payment will be issued in full upon confirmation by the carrier that the claim is approved. Should any of the determining factors be false, thereby rendering the shipment ineligible for a claim, we shall assume that the Device was shipped by you in the condition received.
INSPECTION & OFFER REVISION
We will inspect and test all Devices that are received and have the option to accept or reject the Device, including without limitation, to reject any Device not conforming to the description you provided to us, any Device modified in such a way that it no longer conforms to the original factory specifications, any Device no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Device damaged or lost in transit. If we reject the Device for any of these reasons, the original offer automatically expires and is rescinded. If the Device is found to have a removable encumbrance, we will contact you in attempt to have you resolve the issue(s) prior to rejecting the device. We reserve the right to revoke the original offer and provide a revised offer for the Device if: (I) the Device is determined by tracking information to have been shipped after our Offer expired, (II) the Device is a different model or has specifications that differ from those in your Submission, (III) the Device and/or accessories are not as described, (IV) our hardware testing determines the Device has any parts in need of repair/replacement that were not disclosed in your Submission, and/or (V) the market price for your Device has declined significantly. You agree that any issue(s) we report to you are entirely based upon the condition in which your Device arrived and that we are not responsible for nor caused the issue(s).
You shall have a period of seven (7) days to accept or reject a revised offer, remove an encumbrance, or arrange return shipping, which begins when we send you an actionable email regarding your Device. If you do not reply within the period, we reserve the right to revise our Offer in conjunction with the market value of the Device from the date you reply. If you do not reply within thirty (30) days of our initial email, your device will be considered abandoned and it will be recycled. If you reply at any point prior, you shall have seven (7) days from our most recent actionable email to remove an encumbrance or arrange return shipping before your device will be considered abandoned.
Once you ship your Device to us using a label we provide, the Device is eligible for return only if we are unable to honor our Offer. You are required to provide us a shipping label to return your device if we rescind our offer or if you reject an offer that was revised as a consequence of you: (I) shipping the Device after our Offer expired (verified by tracking information), (II) misidentifying or misrepresenting the condition or functionality of the Device or accessories in your Submission, (III) failing to include any accessory in your Submission factored into our Offer, or (IV) failing to reply within seven (7) days of us sending a revised offer resulting in another revision. Non-essential accessories (e.g., cases, dongles, etc.) factored into our Offer are not eligible for return and you will be paid the amount of additional value they provided to our Offer for your Device. Essential accessories (i.e., adapters and/or cables required to power the Device) are separated from the Device during our testing process and we will return an accessory of equal or greater quality and/or performance with the Device.
Payments are issued via the method you select in your Submission. Once a payment method is chosen, it cannot be manually changed, and a new Submission must be created to receive payment via a different method. Any payments returned to us due to you providing incorrect information are assessed a $10 administrative fee upon reissue. (I) Checks are sent via USPS in a stamped envelope to the address you provide in your Submission and tracking information is not available for this service. Delivery is typically within seven (7) days of mailing to most locations. In the event a check fails to arrive within twenty-one (21) days of mailing, we will send a replacement check after the initial check is voided. (II) Zelle payments are sent to the phone number you provide in your Submission. Delivery is typically instant, unless withheld by Zelle in accordance with their policies. In the event that a Zelle (II) payment is unable to be delivered for any reason, we reserve the right to automatically process a check (I) payment.