Trade & Save Terms

Recommerce Terms and Conditions

 

1. Requirements to Transact

The Trade & Save Program is a service provided to customers by Recommerce Pty Ltd, an independent third party. When trading your device, you agree to the Terms of Use below. The Trade & Save Program is controlled and operated by Recommerce Pty Ltd.

In order to complete the sale of your Product to Recommerce Pty Ltd or to complete any other transaction with Recommerce Pty Ltd, you must:

  1. Create an Account with us.
  2. Provide true, up to date and accurate account information about yourself and any Product you offer to us.
  3. At least the age of 18 years old.
  4. Comply with all terms and conditions of this Agreement.
  5. Transact on behalf of yourself and not on behalf of others.
  6. Have the legal capacity to enter into agreements.
  7. Have the necessary right, title, authorisation and interest to be able to sell any Product that you submit to us.
  8. Include all neccessary original accessories with your device such as usb cables and power cords.

In order to receive payments for any Products we purchase from you, you must provide us with information including:

  1. A valid email address at which you are able to receive email.
  2. A valid postal address at which you are able to receive mail.
  3. Your first and last name.

You understand and agree that if you fail to provide us with accurate and up to date information about yourself, Recommerce Pty Ltd will not be responsible for any mis-applied payments or payments sent to a wrong address. 

 

2. Right to Sell

If you are selling a Product to Recommerce Pty Ltd, you must have the legal right to sell that Product.  You must have all necessary rights, title, authorization and interest in the Product to enable you to sell it to Recommerce Pty Ltd, and for Recommerce Pty Ltd to on-sell it to a third party.  The Product must not infringe on third party intellectual property rights, copyright, or trademarks and it must not be stolen or fraudulent or in any way illegal or prohibited. You must ensure there are no contractual obligations still in place on the Product when you sell it to Recommerce Pty Ltd. You must terminate all such contracts prior to selling the Product to Recommerce Pty Ltd.  If you use Recommerce Pty Ltds services you agree to indemnify Recommerce Pty Ltd from all claims or losses sustained by Recommerce Pty Ltd due to any breach by you of the aforementioned requirements and obligations.

 

3. Product Eligibility

Recommerce Pty Ltd is able to offer a Quote for a number of select models within defined Mobile Product categories.  If a particular Product is not listed, Recommerce Pty Ltd is not able to offer to buy that Product from you. By focusing on select product groups and models, we can offer premium pricing and premium levels of customer service.  The Products we are able to purchase, as listed on the site, are at our sole discretion and may change from time to time.

If you can find the Product category on the site, but not the model you want to sell, it may be that that model has no resale value on the secondary market. In this case, Recommerce Pty Ltd is able to recycle the Product for you.  Remember, electronic waste can also be recycled through your local Council E-Waste collection. 

 

4. The Quote

Recommerce Pty Ltd has developed a proprietary technology platform that dynamically generates an offer price (Quote) for every Product on the site. The pricing tool allows us to determine your Products value on the secondary market at that point in time. This ensures that we are always offering you the best price we can for your device.

In order to instantly provide you with a Quote for your Product, Recommerce Pty Ltd bases its calculation on your declaration of the model, the condition its in and, where required, answers to extended questions regarding the Product. Users of the site must provide true and accurate details of their Product specification and condition to obtain a Quote.

The Quote offered by Recommerce Pty Ltd can be either accepted or rejected by you. Acceptance indicates you are willing to sell your Product using the Recommerce Pty Ltd service at the Quoted price. If you reject the Quote offered by Recommerce Pty Ltd, the current transaction will expire. If, after rejecting the Quote, you subsequently change your mind and wish to accept the Quote, you will have to start a new transaction. Recommerce Pty Ltd doesnt guarantee that the new Quote will be identical to the previous Quote.

 

5. Selecting Condition

Users of the Website must provide true and accurate details of their Product specification and condition to obtain a Quote.  It is very important to classify the condition of your Product correctly as a discrepancy in condition discovered by our technicians may impact our Quote.   If you are not confident with selecting the condition of your Product, please contact our Customer Care Team for assistance.

If our technicians do find a discrepancy between your claimed specification and condition, and theirs, and it results in a revised Quote, we will contact you in writing to advise of this discrepancy and seek your agreement to proceed with the new Quote. If you do not agree to proceed, we will send your Product back to you at your expense.

 

6. Rejection of an Order

In rare circumstances, Recommerce Pty Ltd may need to reject an Order. This may happen if there is a pricing error, technical inaccuracy, misprint on the Website or similar.  If we reject an Order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the Order, or within a reasonable time after you create the Order.

The Recommerce Pty Ltd service is only accessible within Australia. Any Orders coming from overseas will be rejected by Recommerce Pty Ltd.

 

7. Sending your Product to Recommerce Pty Ltd

When packaging your Product to send in to Recommerce Pty Ltd, you must include the charger and power cables for testing purposes and will need to include all materials that you included in your description when we calculated your Quote as your Quote was based on these items being included. You should also include any other materials that came with your Product (e.g. operating systems disks, software, accessories, adapters, and manuals) if you have them so they are not wasted but rather, go on to be re-used by someone else. Failure to include any items you told us about when the Quote was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a recalculated Quote.

 

8. Releasing Rights to Product & Personal Data

Once you send Recommerce Pty Ltd your Product, Recommerce Pty Ltd cannot guarantee to honour any request for the return of any data and/or information contained in or on the Product.

It is your responsibility to save this information elsewhere and then delete all personal data from your Product prior to sending it to Recommerce Pty Ltd.  Recommerce Pty Ltd will not be held responsible for any issues, leaks or losses of personal data on the Product. Upon receipt of the Product, as part of normal operating procedure, Recommerce Pty Ltd technicians will check that all personal data has been removed from the Product and if not, will try their best to delete it for you but ultimately it remains your responsibility.

 

9. Transit Responsibility

You, as the sender of the Product, remain responsible for the risk-of-loss for the Product until delivery of the Product to Recommerce Pty Ltd. You are responsible for any damages that may occur to your Product while in transit so it is important that you package your Product appropriately. Recommerce Pty Ltd is responsible for the product after it has been received by us. This responsibility ceases in the event that Recommerce Pty Ltd returns your product to you for any reason. In the event of Product return, risk-of-loss will be transferred to you once Recommerce Pty Ltd delivers the package to the carrier for return to you and you will bear the risk of loss in transit.

 

10. Passing of Title

Title to the Product passes from you to Recommerce Pty Ltd at the time when Recommerce Pty Ltd makes payment to you for the Product. If the Product is returned to you by Recommerce Pty Ltd, title shall not pass and shall remain with you.

 

11. Discrepancy resulting in revised Quote

Once received by Recommerce Pty Ltd, all Products are checked by our team of skilled technicians who confirm the specification and condition of the Products.

Recommerce Pty Ltd may revise our original Quote following inspection by our technicians if:

  1. the specification of the Product is found to be different to that claimed by you
  2. the condition of the Product is found to be different to that claimed by you
  3. the Product has been damaged in transit
  4. the Product is received more than 30 days after the original Quote

In the event that the original Quote is revised, you will immediately be advised of the new Quote, and the reasons why it has been made. You are then able to either accept or reject the Quote. If you accept, the Order proceeds as usual. If you reject the Quote, we will return the Product to you at your expense.

 

12. Payment Methods and Processing

Once your order has been received, inspected and confirmed, Recommerce Pty Ltd will process the payment via your chosen payment method within 7 business days. Business days are Monday through Friday, excluding NSW Public holidays.

Please note that we are unable to process payments to accounts issued by banks outside of Australia.

 

13. License and Website Access

Recommerce Pty Ltd grants you a limited, revocable and nonexclusive license to access and make personal use of the site but not to download (other than page caching) or modify it without express written consent of Recommerce Pty Ltd. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the site nor any portion of the site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Recommerce Pty Ltd. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Recommerce Pty Ltd and its affiliates without express written consent of Recommerce Pty Ltd. You may not use meta tags or any other hidden text using Recommerce Pty Ltds name or trademarks without the express written consent of Recommerce Pty Ltd. Any unauthorised use will immediately terminate the permission or license granted by Recommerce Pty Ltd.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Recommerce Pty Ltd or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Recommerce Pty Ltd in its sole discretion. You may not use any Recommerce Pty Ltd logo or other proprietary graphic or trademark as part of the link without express written permission of Recommerce Pty Ltd.

 

14. Privacy

Recommerce Pty Ltd respects your privacy. We will collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. 

We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:

  1. for the purpose of, and incidental to, providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Website; and
  2. with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
  3. for other purposes to which you consent to (either express or inferred consent).

Recommerce Pty Ltd will never sell your personal information.  You may access your personal information at any time by logging into your Account or by contacting us.

 

15. Third-Party and Co-Branded Websites

The Website may contain hyperlinks ("links") to websites operated by persons or entities other than Recommerce Pty Ltd ("third-party sites") or to co-branded websites operated by a third party, including affiliates ("co-branded sites"). We provide such links for your reference and convenience only. A link from Recommerce Pty Ltd to a third-party site does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content on any third party or co-branded sites to which you might link from the site.

Recommerce Pty Ltd and its affiliates, successors and assigns are not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party sites or co-branded sites, any merchant or operator of a third-party site or co-branded site, or any other person with whom you engage in any transaction.

 

16. Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement are governed by the laws in force in the State of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerned with this Agreement.

 

17. Limited Liability

Recommerce Pty Ltd, its Directors, Officers, Employees, Affiliates and Contractors are in no way liable for any damages, loss of data, loss of income, loss or property, or any claims by you or a third party whatsoever resulting from your transactions with the Website, under the terms of this Agreement.

 

18. Indemnity

You agree to indemnify, defend, and hold harmless Recommerce Pty Ltd, subsidiaries, affiliates, officers, directors, employees, agents, contractors, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees that such parties may incur as a result of, or arising from, your (or anyone using your accounts) violation or breach of any terms under this Agreement.