Please read these terms and conditions carefully before submitting your sell order from our site. You should understand that by submitting an order, you agree to be bound by these terms and conditions and our terms of use.

You should print and keep a copy of these terms and conditions and the terms of use for future reference.

How The Contract Is Formed Between You And Us

Our site (MonsterBuyBack.com) is only intended for use by people registered with us and resident in USA. At our complete discretion we may accept or reject orders from people outside of these territories.

Your contract with us will be formed when we receive your sell order. It will incorporate these terms and conditions and our terms of use. Please click on the "How It Works" page for more information.

You must own all rights, title and interests in any phone(s) that you send to us.

Ownership of the phone(s) will pass to us when we receive the phones, in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, a contract will be formed.

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

You may cancel the contract with us at any time up to the time when you send us the phone ("cooling-off period"), providing:

·         the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and

·         you are a natural person acting outside the purposes of any business.

When cancelling during the cooling-off period, you need not give us any reason for cancelling the contract, nor will you have to pay any administration charges.

To cancel the contract you must notify us in writing.

Other than if the phone does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sent your phone(s) to us (outside the "cooling-off period").

PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.

Consumers

By placing an order through our site, you warrant that:

·         You are resident in USA; and

·         You are accessing our site from that country; and

·         You are legally capable of entering into a binding contract; and

·         You are at least 18 years old; or

·         If you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your phone to us for the sum indicated via our website.

You and your parents or guardians release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty.

If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.

For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so.

Businesses

By placing an order through our site, you warrant that:

·         You are authorized to act on behalf of the registered business; and

·         You are based in USA; and

·         You are accessing our site from that country; and

·         You are legally capable of entering into a binding contract.

Phones and Devices

Each mobile phone or device sold should match the make and model in the sale order and meet the following conditions:

Working
Each device should:

·         Turn on and off (with all buttons working)

·         Be fully functional* (cosmetic wear and tear is acceptable)

·         Have a fully working operating system (software)

·         Have a working screen (without cracks, pixel damage or defects)

·         Have a working touch screen (without cracks or chips)

·         Have no damage to rear glass or camera lens (no cracks or chips)

·         Not have bent housing

·         Include its battery (and charger if it's a wearable)

·         Not be water-damaged (water indicators must not be red)

*All features such as Making calls, Wi-Fi, Camera, Video, etc must work.

Faulty
Each device should:

·         Include its battery (you can keep memory card, charger, etc)

·         Be intact - not crushed, bent or snapped in half

·         Not have any missing parts or components

Faulty examples: Water damaged, Broken/bleeding LCD (screen), blank display, no power up, faulty/cracked touch screen, faulty operating system, etc

All devices must not be activation locked and must be deregistered from any associated accounts. All phones and devices must be on a North American network or not locked. Phones or devices locked to a foreign network will not be accepted.

By submitting an order through our site you warrant that the phone(s) comply with these terms.

If a phone fails to meet our terms and conditions we'll propose an adjusted price by email. If you choose to decline our new offer, we are happy to return the phone. We have the final decision on all phone values. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within our stated timeframes. (7 Business Days) 

Data Risks and Precautions - Important

Please remember that by sending your device to us, you agree to release us from all and any claims, losses or damages with respect to the device, any data stored or contained therein or on any media used in conjunction with the device (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure so far as practicable that Data is removed from the device prior to you sending it to us.

Although in our experience the risk of Data left on your device being accessed by us or by any third party to whom we subsequently sell the device are very low, we draw to your attention the following points which will help you decide whether to accept the risk of selling us a device which may contain accessible Data.

If your device is functional, we strongly advise that you delete all personal data from the device prior to sending it to us.

If your device is non-functional and has a "remote wipe" function, then we strongly advise that you attempt wiping the device prior to sending it to us. If you need help in removing your iCloud please include that request in a follow up email to [email protected] In the subject line include your order number. 

If your non-functional device cannot be data wiped but has a PIN lock (a password or combination which needs to be entered to access the phone when switched on) then this will block third party access and mean that anyone repairing the device will be required to return the phone to its factory settings, in the process wiping the Data held on the device.

Please note it may not be possible to delete Data directly from a non-functioning device. If you send us a non-functioning device you are therefore accepting the risk that it may still contain Data which may be accessible to any person who repairs the phone. This may include third parties to whom we have sold the device for spare parts.

Please note that while we take data erasure very serious and do so whenever possible (as stated above) we do not accept any liability in respect of the security, protection, confidentiality or use of Data included on any device, as a matter of practice we do not transfer any device to any third party except on terms which require them to wipe that Data.

Sim Card removal – Important

You are responsible for cancelling any airtime contract linked to each device. We are not responsible for any call costs arising before, or after, receipt of your device, or arising from any other circumstances whatsoever.

Please ensure you remove your SIM card before sending us your device. We accept no liability in the event that a SIM card is sent with a device and charges are then incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.

Lost or Stolen Mobile Phones and Devices

Selling a mobile phone or device which you do not own may amount to a criminal offence. We support and adhere to the 'Stop Stolen Mobiles Being Recycled' code of practice set by the Home Office and the National Mobile Phone Crime Unit.

Pricing

Prices offered on our website are subject to change at any time without notice.

All prices include any applicable tax.

When your order has been placed, the prices quoted are guaranteed for 14 days from the 'Order Approved' date. (This is the date on which we send you a confirmation letter and prepaid label.) If your phones are received after 14 days from the 'Order Approved' date, the up-dated, current prices will apply. This could be disappointing - so to help you, we'll send a reminder email during the 14 day guarantee period.

Postage & Packaging

We have various posting options. We offer labels using either UPS or USPS. 

Phones and devices must be packaged in accordance with our packaging instructions to ensure safe and successful delivery to us.

Unfortunately, other than when we arrange courier collection, we do not accept responsibility for non-delivery of phones or damage in transit. We therefore recommend that you send any high value units via registered post to ensure successful delivery. Our pre-paid UPS labels include 100 dollars of free insurance. If you want you can add additional insurance coverage, but you must pay. 

Zelle Transfer payments

Zelle Transfer payments can only be made to the account details given when placing the online order. We cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.

Events Outside Of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.