Terms of Service
Terms of Sale Agreement
NYCPHONEBUYER LLC, LLC (doing business as NYCPHONEBUYER), and its parent, subsidiaries and affiliates ("NYCPHONEBUYER," "we," or "us") offers services (the "NYCPHONEBUYER Services") through which you can (i) sell certain consumer electronic products (the "Products") after receiving an "offer" from NYCPHONEBUYER by identifying your Product and its condition and completing check-out on the NYCPHONEBUYER Websites (each transaction, a "Trade-In") and (ii) buy Products (each sale, a "Purchase"). You must agree to abide by the following terms in order to use the NYCPHONEBUYER Services and/or the NYCPHONEBUYER Websites.
BY SETTING UP AN ACCOUNT, OR BY USING NYCPHONEBUYER'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE NYCPHONEBUYER WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. NYCPHONEBUYER reserves the right to terminate or suspend your use of the NYCPHONEBUYER Websites and/or the NYCPHONEBUYER Services if you do not comply with this Agreement or any other NYCPHONEBUYER policy or procedure, or for any other reason we determine, in our sole discretion.
About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through NYCPHONEBUYER's Website and (ii) any Product you purchase from NYCPHONEBUYER's Website. These terms, the terms that govern your use of NYCPHONEBUYER's websites, including NYCPHONEBUYER.com and buy.NYCPHONEBUYER.com ("NYCPHONEBUYER Websites"), the NYCPHONEBUYER Services and any and all applications included therein, which terms are located at www.NYCPHONEBUYER.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and NYCPHONEBUYER (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with NYCPHONEBUYER, you must: (i) Create an account with us (Trade-In transaction only); (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products in connection with a Trade-In, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address). On NYCPHONEBUYER's behalf, PayPal will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your PayPal account). NYCPHONEBUYER will not receive or store your credit card information.
NYCPHONEBUYER shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from NYCPHONEBUYER and NYCPHONEBUYER is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat 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.
Product Eligibility. NYCPHONEBUYER determines, in its sole discretion, which Products are eligible for purchase or sale by or through the NYCPHONEBUYER Services and NYCPHONEBUYER Websites and for which eligible Products NYCPHONEBUYER will provide an offer or sell. NYCPHONEBUYER may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days, except as set forth in Section 9 below. NYCPHONEBUYER reserves the right to cancel any Purchase and refund any applicable purchase price actually received by NYCPHONEBUYER at any time prior to delivery of the Product to You.
Condition Defined for Trade-In and Purchase. NYCPHONEBUYER uses 5 basic Product conditions to grade Products for Trade-In, ranging from "Flawless" or "No Noticeable Flaws" to "Broken" or "Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, NYCPHONEBUYER's Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good ,Average, or Fair wear and tear: the item has visible signs of use, but is otherwise 100% functional. Broken or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the NYCPHONEBUYER Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at NYCPHONEBUYER's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting NYCPHONEBUYER's customer care.
Product Valuation. All offers will be based on NYCPHONEBUYER's own determination of the Product value in reliance on the accuracy of the information you supply us. NYCPHONEBUYER will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to NYCPHONEBUYER at the offered price. If you do not accept NYCPHONEBUYER's offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to NYCPHONEBUYER and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). The Products and the sale and shipment of such items to NYCPHONEBUYER: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the NYCPHONEBUYER Services, you agree to indemnify NYCPHONEBUYER from all claims or losses sustained by NYCPHONEBUYER as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to NYCPHONEBUYER. NYCPHONEBUYER is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
Sending NYCPHONEBUYER Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by NYCPHONEBUYER in the package you received. For Trade-In, this may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer 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 revised offer.
If a device is sent in with NON - OEM Parts, additional deductions may apply.
Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information from the Product before you send your Product to us for Trade-In. Likewise for Products you Purchase from NYCPHONEBUYER and returned to NYCPHONEBUYER in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to NYCPHONEBUYER. NYCPHONEBUYER's standard practice is to remove all such data from the Product; however, NYCPHONEBUYER makes no guarantee that it will do so. By sending NYCPHONEBUYER the Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to NYCPHONEBUYER (whether in connection with a Trade-In or a Purchase), or for such data's security, integrity, confidentiality, disclosure or use. NYCPHONEBUYER is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted the Product to us.
Product Inspection; Offer Recalculation. Your Trade-in Product must be received by NYCPHONEBUYER within thirty (30) days after you accept the original offer provided by NYCPHONEBUYER and complete the check- out process on the NYCPHONEBUYER Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by NYCPHONEBUYER should be followed in order to avoid possible damage to or loss of the Product in transit. NYCPHONEBUYER will inspect all Products that are received. NYCPHONEBUYER has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If NYCPHONEBUYER rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. NYCPHONEBUYER reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by NYCPHONEBUYER after the Delivery Period, and/or (c) NYCPHONEBUYER receives Product(s) that are different from those identified when your offer was calculated. As described above, NYCPHONEBUYER typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, NYCPHONEBUYER always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent. NYCPHONEBUYER shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Product will be returned to you.
Returns:
Here are your options:
If we can't reach an agreement, no problem at all. You have the option to provide us with a shipping label to send your device to another company. This service will be free of charge; just email us the shipping label from the other company.
Before sending It back to you, please let us know if you have a price of your own in mind, or competitor’s price in mind that you’d like us to match based on our evaluation.
For example, we will not match an offer for a "Good" condition if we’ve determined it’s "Fair."
For price matching, simply send us a screenshot of the new offer. Once we verify It, we will update your trade in offer.
Here are your options if you decide you are unwilling to discuss the pricing:
➊ You have the option to provide us with a shipping label to send your device to another company. This service will be free of charge; just email us the shipping label from the other company.
➋ If you’d prefer to have it sent directly back to you with full insurance coverage, signature on delivery, and a carrier of your choice, then you can purchase a shipping label with insurance from PirateShip.com
➌ We also offer FREE return shipping if we need to do a return due to a disagreement about a new offer.
All returns are insured up to $100. We will not pay for extra services, insurance, or signature on delivery. If a customer "Changes Their Mind" After initiating a trade in, we may decline the request to return at our discretion.
We will patiently await your reply. In the meantime, we will safely store your item so it’s returned to you in the exact condition you sent It.
Recalculated Product Offers after Inspection. In the event NYCPHONEBUYER recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, NYCPHONEBUYER will return the Product to you at the address from which it was originally sent. NYCPHONEBUYER will give you a period of five (5) days after NYCPHONEBUYER presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). NYCPHONEBUYER will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
Trade-in Price Promise Promotion. From time to time, NYCPHONEBUYER may choose to run a promotion whereby NYCPHONEBUYER will NOT recalculate your original Trade-In offer after Product inspection (the “Trade-in Price Promise Promotion”). Under the Trade-in Price Promise Promotion, your Product’s original Trade-In offer will only be honored, if you have not violated any of the terms of this Agreement and:
The Product is not reported lost/stolen;
Find My iPhone is turned "off" on the Product;
You accurately represented the make, model, storage capacity, carrier and condition of the Product when the original Trade-In offer was made;
The Product is in the same condition as when the original Trade-In offer was made;
The value of the Product’s original Trade-In offer and potential recalculated offer, after inspection, is within the greater of ten dollars ($10) or ten percent (10%) of each other; and
Your Product’s potential recalculated offer after inspection is over $0.
Releasing Rights to Product. Once you send NYCPHONEBUYER your Product for Trade-In, NYCPHONEBUYER cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if NYCPHONEBUYER rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to NYCPHONEBUYER for Trade-In until delivery of the same to NYCPHONEBUYER. You are responsible for any damages that may occur to your Product while in transit. NYCPHONEBUYER is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event NYCPHONEBUYER returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once NYCPHONEBUYER delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
If you return a Product to NYCPHONEBUYER that you Purchased, you are responsible for the risk-of-loss for the Product until NYCPHONEBUYER receives the Product. You are responsible for any damages that may occur to the Product while in transit back to NYCPHONEBUYER.
Passing of Title. Title to the applicable Product sent to NYCPHONEBUYER for Trade-In passes to NYCPHONEBUYER upon NYCPHONEBUYER's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Non-Transferable. Any offer by NYCPHONEBUYER for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by NYCPHONEBUYER.
Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to NYCPHONEBUYER in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to NYCPHONEBUYER for sale, any Products that would violate the provisions of this Section 15.
Promotions. From time to time, and at NYCPHONEBUYER's sole discretion, NYCPHONEBUYER may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. NYCPHONEBUYER reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. NYCPHONEBUYER makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, NYCPHONEBUYER reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to NYCPHONEBUYER for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to NYCPHONEBUYER, NYCPHONEBUYER will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
Privacy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize NYCPHONEBUYER to provide you with terms and important notices about NYCPHONEBUYER and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.NYCPHONEBUYER.com. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the NYCPHONEBUYER Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.NYCPHONEBUYER.com.
Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the NYCPHONEBUYER Websites and the NYCPHONEBUYER Services, including all devices, Internet browsers and Internet access. If you access the NYCPHONEBUYER Website and the NYCPHONEBUYER Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
Use of Services. By using NYCPHONEBUYER Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by NYCPHONEBUYER; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the NYCPHONEBUYER Websites.
No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE NYCPHONEBUYER SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH NYCPHONEBUYER WILL MEET YOUR REQUIREMENTS.
NYCPHONEBUYER Text Message Terms and Conditions. This section (“Text Message Terms”) applies to your participation in one or more of NYCPHONEBUYER’s text messaging programs (the “Program”). Your participation in the program constitutes your express consent to receive recurring and nonrecurring automated text messages (e.g., SMS and MMS) at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system.
The Program may include recurring and nonrecurring text messages relating to promotions, products, your orders, cart reminders, transactional communications, requests for customer feedback and customer experience reviews, and information that we think will be of interest to you. Message frequency varies. NYCPHONEBUYER reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent text messages. Consent to receive automated marketing text messages is not a condition of purchase or trade-in. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Not all mobile phone carriers and not all mobile devices or handsets may be supported, and our text messages may not be deliverable in all areas. NYCPHONEBUYER reserves the right to add or remove mobile phone carriers from the Program from time to time.
You may opt out of the Program at any time. If you wish to unsubscribe, text STOP[, UNSUBSCRIBE, CANCEL, END or QUIT to any text message sent from us. After texting us STOP, you will receive one additional message confirming that your request has been processed. You understand and agree that alternative methods of opting out, such as using alternative words or requests, may not be recognized by NYCPHONEBUYER as an unsubscribe request and that NYCPHONEBUYER and its service providers will have no liability for failing to honor such requests.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.NYCPHONEBUYER.com/help/contact_us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that if we have provided you with such notice, any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that NYCPHONEBUYER, our service providers and the mobile phone carriers will not be liable for failed, delayed, undelivered or misdirected text messages, including any information contained therein, sent in connection with the Program, any errors in such text messages, and/or any action you may or may not take in reliance on the text messages or Program.
You can see our Privacy Policy https://www.NYCPHONEBUYER.com/privacy_policy to determine how we collect and use your personal information.
Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYCPHONEBUYER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "NYCPHONEBUYER PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH NYCPHONEBUYER UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NYCPHONEBUYER AND THE NYCPHONEBUYER PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE NYCPHONEBUYER SERVICES AND NYCPHONEBUYER WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE NYCPHONEBUYER SERVICES.
Indemnity. You agree to indemnify, defend, and hold harmless NYCPHONEBUYER and the NYCPHONEBUYER Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by NYCPHONEBUYER of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The NYCPHONEBUYER Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. NYCPHONEBUYER therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. NYCPHONEBUYER does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. NYCPHONEBUYER reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the NYCPHONEBUYER Websites and/or the NYCPHONEBUYER Services. Your continued use of any NYCPHONEBUYER Website and/or NYCPHONEBUYER Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to NYCPHONEBUYER, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the NYCPHONEBUYER Websites and/or the NYCPHONEBUYER Websites. The Agreement is and will be located at www.NYCPHONEBUYER.com/service_terms. The last date this Agreement was revised is set forth below.
Arbitration; Applicable Law and Venue. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NYCPHONEBUYER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and NYCPHONEBUYER agree to arbitrate any dispute arising from this Agreement or your use of the NYCPHONEBUYER Services, except that you and NYCPHONEBUYER are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and NYCPHONEBUYER agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to NYCPHONEBUYER shall be sent to NYCPHONEBUYER LLC buybacks@nycphonebuyer.com. You and NYCPHONEBUYER further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in the County of Albany, New York; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of ; and (d) that the state or federal courts in the County of Albany, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Any dispute between the parties will be governed by this Agreement and the laws of the State of New York and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NYCPHONEBUYER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email buybacks@nycphonebuyer.com
Last Updated: March 8 2024
NYCPHONEBUYER LLC, LLC (doing business as NYCPHONEBUYER), and its parent, subsidiaries and affiliates ("NYCPHONEBUYER," "we," or "us") offers services (the "NYCPHONEBUYER Services") through which you can (i) sell certain consumer electronic products (the "Products") after receiving an "offer" from NYCPHONEBUYER by identifying your Product and its condition and completing check-out on the NYCPHONEBUYER Websites (each transaction, a "Trade-In") and (ii) buy Products (each sale, a "Purchase"). You must agree to abide by the following terms in order to use the NYCPHONEBUYER Services and/or the NYCPHONEBUYER Websites.
BY SETTING UP AN ACCOUNT, OR BY USING NYCPHONEBUYER'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE NYCPHONEBUYER WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. NYCPHONEBUYER reserves the right to terminate or suspend your use of the NYCPHONEBUYER Websites and/or the NYCPHONEBUYER Services if you do not comply with this Agreement or any other NYCPHONEBUYER policy or procedure, or for any other reason we determine, in our sole discretion.
About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through NYCPHONEBUYER's Website and (ii) any Product you purchase from NYCPHONEBUYER's Website. These terms, the terms that govern your use of NYCPHONEBUYER's websites, including NYCPHONEBUYER.com and buy.NYCPHONEBUYER.com ("NYCPHONEBUYER Websites"), the NYCPHONEBUYER Services and any and all applications included therein, which terms are located at www.NYCPHONEBUYER.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and NYCPHONEBUYER (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with NYCPHONEBUYER, you must: (i) Create an account with us (Trade-In transaction only); (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products in connection with a Trade-In, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address). On NYCPHONEBUYER's behalf, PayPal will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your PayPal account). NYCPHONEBUYER will not receive or store your credit card information.
NYCPHONEBUYER shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from NYCPHONEBUYER and NYCPHONEBUYER is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat 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.
Product Eligibility. NYCPHONEBUYER determines, in its sole discretion, which Products are eligible for purchase or sale by or through the NYCPHONEBUYER Services and NYCPHONEBUYER Websites and for which eligible Products NYCPHONEBUYER will provide an offer or sell. NYCPHONEBUYER may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days, except as set forth in Section 9 below. NYCPHONEBUYER reserves the right to cancel any Purchase and refund any applicable purchase price actually received by NYCPHONEBUYER at any time prior to delivery of the Product to You.
Condition Defined for Trade-In and Purchase. NYCPHONEBUYER uses 5 basic Product conditions to grade Products for Trade-In, ranging from "Flawless" or "No Noticeable Flaws" to "Broken" or "Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, NYCPHONEBUYER's Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good ,Average, or Fair wear and tear: the item has visible signs of use, but is otherwise 100% functional. Broken or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the NYCPHONEBUYER Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at NYCPHONEBUYER's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting NYCPHONEBUYER's customer care.
Product Valuation. All offers will be based on NYCPHONEBUYER's own determination of the Product value in reliance on the accuracy of the information you supply us. NYCPHONEBUYER will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to NYCPHONEBUYER at the offered price. If you do not accept NYCPHONEBUYER's offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to NYCPHONEBUYER and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). The Products and the sale and shipment of such items to NYCPHONEBUYER: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the NYCPHONEBUYER Services, you agree to indemnify NYCPHONEBUYER from all claims or losses sustained by NYCPHONEBUYER as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to NYCPHONEBUYER. NYCPHONEBUYER is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
Sending NYCPHONEBUYER Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by NYCPHONEBUYER in the package you received. For Trade-In, this may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer 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 revised offer.
If a device is sent in with NON - OEM Parts, additional deductions may apply.
Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information from the Product before you send your Product to us for Trade-In. Likewise for Products you Purchase from NYCPHONEBUYER and returned to NYCPHONEBUYER in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to NYCPHONEBUYER. NYCPHONEBUYER's standard practice is to remove all such data from the Product; however, NYCPHONEBUYER makes no guarantee that it will do so. By sending NYCPHONEBUYER the Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to NYCPHONEBUYER (whether in connection with a Trade-In or a Purchase), or for such data's security, integrity, confidentiality, disclosure or use. NYCPHONEBUYER is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted the Product to us.
Product Inspection; Offer Recalculation. Your Trade-in Product must be received by NYCPHONEBUYER within thirty (30) days after you accept the original offer provided by NYCPHONEBUYER and complete the check- out process on the NYCPHONEBUYER Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by NYCPHONEBUYER should be followed in order to avoid possible damage to or loss of the Product in transit. NYCPHONEBUYER will inspect all Products that are received. NYCPHONEBUYER has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If NYCPHONEBUYER rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. NYCPHONEBUYER reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by NYCPHONEBUYER after the Delivery Period, and/or (c) NYCPHONEBUYER receives Product(s) that are different from those identified when your offer was calculated. As described above, NYCPHONEBUYER typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, NYCPHONEBUYER always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent. NYCPHONEBUYER shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Product will be returned to you.
Returns:
Here are your options:
If we can't reach an agreement, no problem at all. You have the option to provide us with a shipping label to send your device to another company. This service will be free of charge; just email us the shipping label from the other company.
Before sending It back to you, please let us know if you have a price of your own in mind, or competitor’s price in mind that you’d like us to match based on our evaluation.
For example, we will not match an offer for a "Good" condition if we’ve determined it’s "Fair."
For price matching, simply send us a screenshot of the new offer. Once we verify It, we will update your trade in offer.
Here are your options if you decide you are unwilling to discuss the pricing:
➊ You have the option to provide us with a shipping label to send your device to another company. This service will be free of charge; just email us the shipping label from the other company.
➋ If you’d prefer to have it sent directly back to you with full insurance coverage, signature on delivery, and a carrier of your choice, then you can purchase a shipping label with insurance from PirateShip.com
➌ We also offer FREE return shipping if we need to do a return due to a disagreement about a new offer.
All returns are insured up to $100. We will not pay for extra services, insurance, or signature on delivery. If a customer "Changes Their Mind" After initiating a trade in, we may decline the request to return at our discretion.
We will patiently await your reply. In the meantime, we will safely store your item so it’s returned to you in the exact condition you sent It.
Recalculated Product Offers after Inspection. In the event NYCPHONEBUYER recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, NYCPHONEBUYER will return the Product to you at the address from which it was originally sent. NYCPHONEBUYER will give you a period of five (5) days after NYCPHONEBUYER presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). NYCPHONEBUYER will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
Trade-in Price Promise Promotion. From time to time, NYCPHONEBUYER may choose to run a promotion whereby NYCPHONEBUYER will NOT recalculate your original Trade-In offer after Product inspection (the “Trade-in Price Promise Promotion”). Under the Trade-in Price Promise Promotion, your Product’s original Trade-In offer will only be honored, if you have not violated any of the terms of this Agreement and:
The Product is not reported lost/stolen;
Find My iPhone is turned "off" on the Product;
You accurately represented the make, model, storage capacity, carrier and condition of the Product when the original Trade-In offer was made;
The Product is in the same condition as when the original Trade-In offer was made;
The value of the Product’s original Trade-In offer and potential recalculated offer, after inspection, is within the greater of ten dollars ($10) or ten percent (10%) of each other; and
Your Product’s potential recalculated offer after inspection is over $0.
Releasing Rights to Product. Once you send NYCPHONEBUYER your Product for Trade-In, NYCPHONEBUYER cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if NYCPHONEBUYER rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to NYCPHONEBUYER for Trade-In until delivery of the same to NYCPHONEBUYER. You are responsible for any damages that may occur to your Product while in transit. NYCPHONEBUYER is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event NYCPHONEBUYER returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once NYCPHONEBUYER delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
If you return a Product to NYCPHONEBUYER that you Purchased, you are responsible for the risk-of-loss for the Product until NYCPHONEBUYER receives the Product. You are responsible for any damages that may occur to the Product while in transit back to NYCPHONEBUYER.
Passing of Title. Title to the applicable Product sent to NYCPHONEBUYER for Trade-In passes to NYCPHONEBUYER upon NYCPHONEBUYER's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Non-Transferable. Any offer by NYCPHONEBUYER for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by NYCPHONEBUYER.
Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to NYCPHONEBUYER in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to NYCPHONEBUYER for sale, any Products that would violate the provisions of this Section 15.
Promotions. From time to time, and at NYCPHONEBUYER's sole discretion, NYCPHONEBUYER may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. NYCPHONEBUYER reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. NYCPHONEBUYER makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, NYCPHONEBUYER reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to NYCPHONEBUYER for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to NYCPHONEBUYER, NYCPHONEBUYER will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
Privacy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize NYCPHONEBUYER to provide you with terms and important notices about NYCPHONEBUYER and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.NYCPHONEBUYER.com. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the NYCPHONEBUYER Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.NYCPHONEBUYER.com.
Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the NYCPHONEBUYER Websites and the NYCPHONEBUYER Services, including all devices, Internet browsers and Internet access. If you access the NYCPHONEBUYER Website and the NYCPHONEBUYER Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
Use of Services. By using NYCPHONEBUYER Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by NYCPHONEBUYER; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the NYCPHONEBUYER Websites.
No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE NYCPHONEBUYER SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH NYCPHONEBUYER WILL MEET YOUR REQUIREMENTS.
NYCPHONEBUYER Text Message Terms and Conditions. This section (“Text Message Terms”) applies to your participation in one or more of NYCPHONEBUYER’s text messaging programs (the “Program”). Your participation in the program constitutes your express consent to receive recurring and nonrecurring automated text messages (e.g., SMS and MMS) at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system.
The Program may include recurring and nonrecurring text messages relating to promotions, products, your orders, cart reminders, transactional communications, requests for customer feedback and customer experience reviews, and information that we think will be of interest to you. Message frequency varies. NYCPHONEBUYER reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent text messages. Consent to receive automated marketing text messages is not a condition of purchase or trade-in. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Not all mobile phone carriers and not all mobile devices or handsets may be supported, and our text messages may not be deliverable in all areas. NYCPHONEBUYER reserves the right to add or remove mobile phone carriers from the Program from time to time.
You may opt out of the Program at any time. If you wish to unsubscribe, text STOP[, UNSUBSCRIBE, CANCEL, END or QUIT to any text message sent from us. After texting us STOP, you will receive one additional message confirming that your request has been processed. You understand and agree that alternative methods of opting out, such as using alternative words or requests, may not be recognized by NYCPHONEBUYER as an unsubscribe request and that NYCPHONEBUYER and its service providers will have no liability for failing to honor such requests.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.NYCPHONEBUYER.com/help/contact_us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that if we have provided you with such notice, any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that NYCPHONEBUYER, our service providers and the mobile phone carriers will not be liable for failed, delayed, undelivered or misdirected text messages, including any information contained therein, sent in connection with the Program, any errors in such text messages, and/or any action you may or may not take in reliance on the text messages or Program.
You can see our Privacy Policy https://www.NYCPHONEBUYER.com/privacy_policy to determine how we collect and use your personal information.
Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYCPHONEBUYER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "NYCPHONEBUYER PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH NYCPHONEBUYER UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NYCPHONEBUYER AND THE NYCPHONEBUYER PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE NYCPHONEBUYER SERVICES AND NYCPHONEBUYER WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE NYCPHONEBUYER SERVICES.
Indemnity. You agree to indemnify, defend, and hold harmless NYCPHONEBUYER and the NYCPHONEBUYER Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by NYCPHONEBUYER of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The NYCPHONEBUYER Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. NYCPHONEBUYER therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. NYCPHONEBUYER does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. NYCPHONEBUYER reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the NYCPHONEBUYER Websites and/or the NYCPHONEBUYER Services. Your continued use of any NYCPHONEBUYER Website and/or NYCPHONEBUYER Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to NYCPHONEBUYER, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the NYCPHONEBUYER Websites and/or the NYCPHONEBUYER Websites. The Agreement is and will be located at www.NYCPHONEBUYER.com/service_terms. The last date this Agreement was revised is set forth below.
Arbitration; Applicable Law and Venue. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NYCPHONEBUYER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and NYCPHONEBUYER agree to arbitrate any dispute arising from this Agreement or your use of the NYCPHONEBUYER Services, except that you and NYCPHONEBUYER are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and NYCPHONEBUYER agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to NYCPHONEBUYER shall be sent to NYCPHONEBUYER LLC buybacks@nycphonebuyer.com. You and NYCPHONEBUYER further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in the County of Albany, New York; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of ; and (d) that the state or federal courts in the County of Albany, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Any dispute between the parties will be governed by this Agreement and the laws of the State of New York and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NYCPHONEBUYER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email buybacks@nycphonebuyer.com
Last Updated: March 8 2024