Terms and conditions
How these terms and conditions apply
In these Terms and Conditions (“Terms”), the following will help you understand meanings used:Item means the electronic Item which you wish to sell to us in accordance with these Terms. Item does not include a SIM card and SIM cards must NOT be sent;sale order means an offer from you to sell your Item(s) to us on the basis of these Terms;we/us/our means Macback.uswebsite means the website located at Macback.us onlyyou/your means you, the person using our website and sending an Item to us which may be bought by us and recycled.These Terms apply whenever you send an Item to us via the online process at the website and indicate your acceptance of these Terms. References to website mean that website only.We may vary the Terms from time to time and you should check them regularly for changes.When you use our website, we may gather information about you and your visit to our website. We explain how we use that information in our Privacy Policy which is also available from the link on the website.
About us
Macback US
Intelligent Lifecycle Solutions
923 Incline way Suite 37 Incline Village, NV 89451
How the contract is formed between you and us
Our website is only intended for use by people registered with us and resident in the United States of AmericaDuring the online process you will be asked to agree to these Terms. You must read them carefully as they form the agreement between us and you and you will be bound by them. If and when you agree to them, we will then send a confirmation that we have received your sale order and have accepted it. The agreement between us is formed when we send that confirmation to you.You may include any number of Item(s) in a sale order, subject to restriction in these Terms as we may stipulate from time to time.You must own all rights, title and interests in any Item(s) that you send to usOwnership of and risk in the Item(s) will only pass to us when we receive the Item(s), in accordance with these Terms. Accordingly, you are strongly recommended to pack your Item(s) prior to dispatch to us to minimise the risk of damage. Please refer to the section “Delivering your Item to us” below.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.
About you
By placing a sale order through our website, you warrant that:you are resident in the United States of Americayou are accessing our website from the United States of Americayou are legally capable of entering into a binding contract
Conditions relating to the sale of your Items to us
A sale order does not come into effect and no contract will have been formed between us until we have accepted it. We reserve the right to refuse to process a sale order for any reason including, but not limited to, where:we identify a valuation error on the website; oryou fail to meet any criteria for eligibility which we impose from time to time; oryou fail to submit all necessary and relevant details for us to complete the sales process; oryou fail to send us your Item(s); oryour Item(s) is damaged, is not consistent with the grading policy below or does not comply with these Terms; orit is an imitation, copy or otherwise a non-genuine make or model.Any Items falling within the above criteria and similar conditions specified by us will be revalued accordingly and you will receive a regrade contact to confirm this.
Item grading
Each Item sold should match the make and model in the sale order and meet the following conditions where relevant to the product category:
Grade A: This is considered to be new out of the box quality without any screen blemishes, cosmetic flaws and with a fully functioning battery that works within the manufacturers guide lines. All hardware fully functioning and fault free.
Grade B: The Item should be of good condition with a few hair line scratches and fully functioning in all ways. A well looked after Item.
Grade C: The Item is clean and in a reasonable condition but has signs of use. Some small dents to the casing are ok. No damage to the screen and no faults with any of the system hardware. A battery that charges and operates.
Grade D: The Item has signs of wear including dents, scratches. The Item can be dirty and cosmetically poor. The Item however must be fully operational.Grade E:The Item is faulty but complete. The Item can be damaged this does not include breaks in the motherboard or water damage. Screen damage is ok as long as the screen is still in casing.
Other Circumstances that will affect your Quote.
All Items must be supplied with a working and undamaged US power supplyAll Laptops and iMacs must be supplied with a US keyboardAll iPhone/iPad must not be regionally locked. If your IPhone is locked to a specific network your Item will be subject to a re-quote.Your Item must not be cigarette smoke stained.If your Item doesn’t match the quoted grade you have attributed to it when doing the quote, you will be contact by one of our team who will offer you an adjusted price based on our market value. If the adjusted quote isn’t satisfactory we will return your Item free of charge.We reserve the right to refuse the purchase of any Item.By submitting a sale order through our website you warrant that the Item(s) comply with these Terms. When we inspect or test your Item(s), we will not pay as much as the original indicative value if we find that your Item(s) does not comply with all these conditions.Item(s) not listed on our website will be automatically recycled where possible, subject to these Terms. Such Item(s) cannot be returned under any circumstances. Please ensure you are happy to send such Item(s) to us for recycling only. You will not receive any payment for such Item(s).You are responsible for cancelling any airtime contract linked to each handset. We are not responsible for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.Please ensure you remove your SIM card before sending us a mobile phone. We accept no liability in the event that a SIM card is sent with a phone and charges are then incurred. You shall continue to be responsible for such charges. Any SIM cards or memory cards received by us are non-returnable.Please remember that by sending your Item(s) to us, you agree to release us from all and any claims, losses or damages with respect to the Item, any data stored or contained therein or on any media used in conjunction with the Item (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 that such Data is removed from the Item prior to you sending it to us.
Stolen and blocked mobile phones
We support and adhere to a code of practice to ensure stolen and blocked mobile phones are not recycled. We check the IMEI numbers of all submitted orders to ensure no blocked or stolen phones are sold to us. In the event that we receive a blocked or stolen phone, the sender will be notified and asked to contact their provider and request the phone to be unblocked. If the phone is unblocked within 28 days, the order will be processed as normal. If however, the phone is not unblocked within the 28 days, we will be required by law to dispose of it. If we at any time become aware of any issues, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we so request.
Wrong Item models and testing
Each Item is tested for compliance with our Terms. Tests are carried out prior to, and are the conditions for payment. We may stipulate additional tests as we reasonably determine. As Items can look similar, customers sometimes incorrectly identify them. If we find that the model you send is not as referred to in your sale order, we will email or phone a value for the actual Item confirming the model. You can choose to continue the sale for the revised value or reject it. If so, we will return the Item to you free of charge, the sale will not progress and our agreement will terminate. To accept or reject a revised value, either proceed or reject the revised value email. If you do not respond within 3 (three) working days, starting on the day on which we e-mail the revised value, we will automatically process your sale after that time, using the new price.
Damaged Items/incorrect grading
Where possible, we offer value for a damaged Item(s) but shall not be obliged to do so nor purchase any damaged Item(s). We value all Item(s) in the condition that we receive them in and will not be held responsible for any damage in transit. Damaged Item(s) will be traded using the same process as all other Item(s). If we determine your Item(s) is damaged or not of the grade that you initially specified when submitting your sale order, we may, at our discretion, pay for the damaged Item(s) but the value will be less than indicated on our website during point of sale order. Accordingly, if an Item(s) we receive is damaged, then we will value the Item to take account of the damage (in accordance with our grading policy) and send a revised value by email or phone. You can choose to continue the sale for the revised value or reject it. If so, we will return the Item to you free of charge, the sale will not progress and our agreement will terminate. To accept or reject a revised value, either proceed or reject the revised value email. If you do not respond within 3 (three) working days, starting on the day on which we e-mail the revised value, we will automatically process your sale after that time, using the new price.In some cases, values will be zero if Item(s) are beyond economical repair. A revised value will only be given once the Item(s) has been tested or inspected.
Value and payment
Item values on our website are indicative only and we are not obliged to pay the initially quoted value if, when we receive your Item, we determine that it has a lower value if it fails to meet these Terms. Values are valid for 14 days from the date on which you place a sales order except that values may vary from those initially given on our website, as provided in these Terms. We may extend the period for which Item values are valid for but shall not under any circumstances be obliged to do so.Under no circumstances will payment be dispatched before we receive your Item. Payment is in accordance with the method you select in the sale order process. The possible payment methods are PayPal or checkPayment processing and timings depend on third parties which we do not control. For payment by PayPal, this involves a 3rdParty service. We will not be liable for delay in your receipt of payment as a result of third party action or inaction or once we have issued instructions for payment. We aim to issue instructions for payment within 48 hours of the day on which your Item(s) is tested and confirmed to meet our Terms where valuations do not change; or within 48 hours of the expiry of the three day revalue period referred to above where an Item value changes. Timescales are indicative only and we do not guarantee to meet them.The criteria used to value Items are based on numerous factors including changes in market value. We may change the way in which we value Items at any time and without notice. Item values may change from day to day which means that if you check the value of your Item on any given day but do not place a sale order, you may be given a different value for the same Item at a later time. This does not affect any other provisions in these Terms. Any special offers on Item values are subject to particular terms which we may impose and may be varied or withdrawn at any time and without notice. Values are shown and payments are made in US Dollars.Each Item is processed separately, even if included in a multiple Item sale order. We may send payment for each Item separately. Nothing shall oblige us to complete any transaction with you, make a payment or fulfil our obligation to you in accordance with these Terms if we become insolvent, enter into an arrangement with administrators or if anything similar occurs, in which case our agreement with you will end immediately.Payments are also subject to validation and security checks which we or third parties may stipulate from time to time. Payments are non-transferable and will be made to the payee named as instructed in the sale order. If you would like someone else to receive payment, you must ensure you have all the correct details and authorisation. Payments will be sent in the case of postal payments to the address you stipulate when you set up your account. Payments sent in the post will be sent via first class US Mail post (3-5 days delivery time). Payments are made using the details which you provide. You must ensure that you provide all correct, accurate details, including without limit, payment and account details. We will not be liable if you fail to receive a payment or suffer a loss (including if a payment is sent to an incorrect account) as a result of your failure to input all payment and other details correctly, completely and accurately. In the case that a check duplicate needs to be raised due to incorrect details being input at the point of sale, you will be liable to cover all administrative fees issued for a duplicate check. The total value will be subtracted from any payments owing. If the administration fee is greater than the fee owed, no check payment will be sent as a result.
Packaging your Item
You should carefully package your Items when we collect them to ensure that they are not damaged in transit. We advise that the Item should be covered in at least an inch of packaging surrounding the Item.
General
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, that will not mean that we have we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site or from companies to whose website we have provided a link on our website will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against that third party seller.Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by email and, for contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other such communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.Your use of this site shall be governed in all respects by the laws of the state of Nevada, USA., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Carson City Nevada. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises.You agree to indemnify, defend, and hold harmless MacBack.us, its officers, directors, employees, agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
