- Sell iPhone
- Sell iPhone 3G
- Sell iPhone 3GS
- Sell iPhone 4
- Sell iPhone 4s
- Sell Blackberry
- Sell Blackberry Curve
- Sell Blackberry Storm
- Sell Blackberry Tour
- Sell Blackberry Bold
- Sell HTC Evo
- Sell HTC Incredible
- Sell HTC Droid
- Sell HTC Wildfire
- Sell HTC Evo 4G
- Sell Cell Phone
- Cash for Cell Phone
- Cash for Used Phone
- Sell Used Cell Phones
- Sell Used Camera
Terms of Service
The terms and conditions below are legally binding on you as a user of the Gadget Gobbler service, the Gadget Gobbler web site(s), and/or as a customer of Gadget Gobbler, LLC and inure to the benefit of Gadget Gobbler and its successors and assigns.
1. Requirements for use. You must be (and, by requesting, receiving or using Gadget Gobbler or other Gadget Gobbler materials, sending Gadget Gobbler any mobile device, whether using any materials provided by Gadget Gobbler or otherwise (individually, an “Item”, and collectively, “Items”), or otherwise conducting business with Gadget Gobbler, you represent and warrant that you are):
I. At least eighteen (18) years of age;
II. The actual legal owner of any and all Items sold or attempted to be sold to Gadget Gobbler or specifically authorized in writing to sell the Items to Gadget Gobbler;
III. Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and
IV. Intending and agreeing to be legally bound by these terms and conditions.
Gadget Gobbler may request documentation or other proof of compliance with any of these requirements.
You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to Gadget Gobbler and that you have full authority to solely engage in the transaction with Gadget Gobbler.
You agree to and will indemnify and hold harmless Gadget Gobbler from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to Gadget Gobbler.
You expressly agree and understand that it is your sole responsibility to delete all data and other contents from any Item sent to Gadget Gobbler. Further, Gadget Gobbler may not delete any data or any other content from any Item sent and has no responsibility to the foregoing for any reason under any circumstances whatsoever. You will indemnify and hold harmless Gadget Gobbler from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the use of any data and other contents that you have not removed prior to sending on any item sold or purported or arranged to be sold by you to Gadget Gobbler.
2. Payment and Return
I. After receipt and appraisal of your Item(s), Gadget Gobbler will issue a check that constitutes Gadget Gobbler’s payment for the purchase of your Item(s). If customer selects PayPal payment option on the website, a PayPal payment will function as would a check from Gadget Gobbler. Upon Gadget Gobbler’s delivery of the check, your cashing, deposit or other endorsement of the check, or your failure to provide timely notice of return as provided in item 2.
II. below, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive a device identical to the make/model and condition of your Item(s) submitted back from Gadget Gobbler.
III. If you do not wish to keep Gadget Gobbler’s check and would like a device returned, you must email Gadget Gobbler at firstname.lastname@example.org to provide notice of your return request to a customer service representative within fourteen (14) days of the date on the check or PayPal payment. If Gadget Gobbler receives your phone call within such fourteen (14) day period, Gadget Gobbler will return a device identical to the make/model and condition of your Item(s) submitted, without charge to you, within fifteen (15) business days. Gadget Gobbler does not accept accessories and/or other miscellaneous items to be submitted with your device. If accessories and/or other miscellaneous items are sent with the device Gadget Gobbler will recycle these items upon receipt. If revised quote is rejected Gadget Gobbler is not liable to return accessories and/or other miscellaneous items.
IV. If Gadget Gobbler receives your Item and the condition differs from the stated condition you will be offered a revised quote via email. If revised quote is accepted, Gadget Gobbler will issue payment per the preference selected during the original quoting process. If revised quote is rejected, Gadget Gobbler will return your Item(s), without charge to you, within fourteen (14) business days. If chargers and/or miscellaneous items were sent with the device, these items are considered recyclable and forfeit of ownership is assumed. Chargers and/or miscellaneous items will not be returned. If revised quote is not responded to within fourteen (14) days, Gadget Gobbler’s revised offer is bound and payment in the amount of the revised offer will be issued.
V. In the event multiple devices are submitted during a single transaction and Gadget Gobbler offers a revised quote on one or more items, the devices that Gadget Gobbler agrees to accept at 100% of the quoted price will be treated as individual, closed transactions. For acceptance/rejection of a revised quote on a single item within a multiple submission, Terms as stated above in section (iii) apply.
3. Limitations of liability
I. Gadget Gobbler will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than Gadget Gobbler, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until Gadget Gobbler acknowledges receipt and verification of your Item(s), even if you send Items in materials provided by Gadget Gobbler.
II. If you use the Postal Service prepaid mailing box provided by Gadget Gobbler, in the event of loss of or damage to the contents of Items, that you properly ship to Gadget Gobbler in accordance with the instructions and procedures set forth in the Gadget Gobbler materials, Gadget Gobbler will, subject to these terms and conditions, pay you limited to an amount equal to the lesser of the one-third (1/3) of the quoted value of the lost contents or One Hundred Dollars ($100.00). Gadget Gobbler reserves the right, in its sole discretion, to reject delivery of any mail or package that appears damaged, opened or tampered with. Any such rejected mail or package will be returned to you, and Gadget Gobbler will have no liability in connection with any such attempted delivery or return of any Item(s).
III. In the event of a loss or damage after Gadget Gobbler acknowledges receipt and verification of an Item, Gadget Gobbler liability will be limited to one-third (1/3) of the quoted value of the lost or damaged Item or Three Hundred Dollars ($300.00), whichever is less.
IV. If you do not provide Gadget Gobbler with an original sales (issued prior to delivery to Gadget Gobbler) for the Item, the value of your Item for purposes of Gadget Gobbler’s liability will be $33.00, for loss or damage prior to Gadget Gobbler ‘s acknowledgment of receipt and verification, or the liquidation value determined by Gadget Gobbler in its sole discretion, for loss or damage after acknowledgment of receipt and verification. You expressly acknowledge and agree that if you do not provide such a sales slip or appraisal, Gadget Gobbler’s determination of value shall be conclusive and binding.
V. In order to make a claim for loss or damage of an Item, you must submit a claim to Gadget Gobbler after thirty (30) days and within ninety (90) days of your mailing the Item to Gadget Gobbler. Such claim must be made on the claim form provided by Gadget Gobbler (available upon request). Gadget Gobbler will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Gadget Gobbler in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form.
VI. Gadget Gobbler reserves the right, in its sole discretion, to reject delivery of any prepaid mailing kit, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and Gadget Gobbler will have no liability for any such attempted delivery or return of any Item(s).
VII. Except as expressly provided in items 3(II) and 3(III), Gadget Gobbler will have and assumes no liability whatsoever, whether arising in connection with the use of the Gadget Gobbler service, Gadget Gobbler web site(s) or Gadget Gobbler prepaid mailing package or other materials provided by Gadget Gobbler, the loss of any Item(s), or for any other reason, including, without limitation, Gadget Gobbler’s own acts or omissions. Gadget Gobbler will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).
4. Return insurance liability limitation. Gadget Gobbler will insure any Item returned to you with a value, as determined by Gadget Gobbler in its sole discretion, of $100.00 or more at the amount of one (1) times such value (regardless of whether and in what amount it was insured for when mailed by you). Gadget Gobbler will not insure any item with a value, as so determined, of less than $100.00. If Gadget Gobbler receives a written request from you prior to return shipment of your Item(s), Gadget Gobbler will increase the amount of insurance as requested by you, provided that you also forward the sum of $20.00 to cover insurance and administrative costs. Gadget Gobbler will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, Gadget Gobbler will have no liability whatsoever in connection with the return of any Item to you.
6. Legal compliance. Gadget Gobbler has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program.
7. Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with Gadget Gobbler. In no event will Gadget Gobbler be liable to any third party, including, without limitation, any insurance carrier. Gadget Gobbler will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
8. Communication and Notices. Gadget Gobbler reserves the right, in its sole discretion, to contact you, the customer, via phone, email, or other transmissions regarding the status of the transaction at any time after submitting information to Gadget Gobbler with the intention of mailing an electronic device. Gadget Gobbler may contact you, the customer, via automated emails, texts, or phone calls at any time within sixty (60) days of submitting your information to Gadget Gobbler with the intent of mailing an electronic device.
Choice of law, waiver and claims. These terms and conditions, and all Gadget Gobbler transactions doing business as Gadget Gobbler will be governed by the laws of the Commonwealth of Delaware without regard to its conflict of law provisions. Gadget Gobbler’s failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Gadget Gobbler or Gadget Gobbler service or web site(s) or otherwise with Gadget Gobbler must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the Commonwealth of Delaware. Gadget Gobbler will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the Commonwealth of Delaware, including but not limited to, attorney’s fees incurred by Gadget Gobbler.