Please Read Carefully Before Using the TetchyTech.com or Tetchy.Tech Websites. These Terms Provide for the Mandatory Arbitration of Disputes.
These Purchase Terms (“Terms”) apply to offers for and purchases of mobile phones, tablets, or other devices (“Devices”) by Superior Trading Company, LLC (doing business as TetchyTech) (“we”, “us”, or “our”) through the TetchyTech.com and Tetchy.Tech websites (together, the “Site”). IF YOU ACCEPT AN OFFER FROM US IN THE SITE, YOU ARE AGREEING TO THESE TERMS.
These Terms apply to our offer to purchase a Device from you through the Site and your sale of that Device to us through the Site. As to each offer we make to you, and each sale by you to us, these Terms and the terms of our Website Use Agreement are the only terms of our agreement with you. WE REJECT ANY TERMS OR CONDITIONS IN ANYTHING YOU MAY SEND TO US, AND NONE OF THOSE TERMS OR CONDITIONS WILL BE A PART OF OUR AGREEMENT WITH YOU OR OTHERWISE BINDING ON US.
These Terms May Change
These Terms may change without notice to you. Each time you accept an offer from us in the Site, you will be doing so under the then current version of these Terms. You accept the responsibility of reviewing these Terms each time you consider an offer from us.
Your Eligibility to Sell Devices to Us
You represent and warrant to us that you are 18 years of age or older and legally able to enter into a contract. YOU MAY NOT SELL A DEVICE TO US THROUGH THE SITE IF YOU ARE UNDER THE AGE OF 18.
Our Offer and Purchase Process
If you have a Device that you would like to sell to us, you will find that Device on the Site and provide answers to questions that we ask you through the Site. If we are interested in purchasing the Device, we will present you an offer through the Site. Our offer will be a price that we are willing to pay for the Device based on these Terms and the information that you provided us, and assuming that the Device is otherwise acceptable to us (the “Price”). You may accept our offer only by clicking the Accept Offer button on the Site. You may only accept our offer at the time that it is made. If you choose not to accept our offer and later change your mind, you will have to start the process over.
To be clear, our offers are conditional. This means that, even if you accept our offer, we will not purchase the Device unless all of these Terms are satisfied, all of the information you provided us is accurate, and the Device is otherwise acceptable to us.
Each time that you use the Site (a “Session”), the Site will only process transactions with you if the total dollar value of all of the offers that we make and you accept in that Session is more than $25.00 (the “Session Minimum”). If the Site does not process your transaction at the end of a Session, all of the offers that we made in that Session are automatically rescinded.
If you accept our offer, and the Session Minimum is satisfied, we will send you a box and a prepaid shipping label that you can use to send the Device to us. We will not have any obligation to you until we receive the Device. Among other things, this means that we are not responsible for any loss of or damage to the Device while it is in transit to us, and the risk of the Device not being in the same condition when we receive it as it was when you sent it is yours, not ours. If we do not receive the Device within 30 days after your acceptance of our offer, our offer will be automatically rescinded.
When we receive the Device, we will inspect it to see that the information that you provided us is accurate and the Device is otherwise acceptable to us at the Price. If the information that you provided us is inaccurate or the Device is otherwise not acceptable to us at the Price, or if the Device you sent isn’t the Device for which we made our offer, or if more than one Device was necessary to meet the Session Minimum and you don’t send us all of the Devices, we will either return the Device(s) to you or make you a revised offer with a new Price(s) (a “Revised Offer”). If we make you a Revised Offer, we will do so by email to you at the address you provided us and you will have 10 days from the date of our email to reject our Revised Offer by return email to us. IF YOU DO NOT REJECT OUR REVISED OFFER IN THAT WAY, YOU WILL BE CONSIDERED TO HAVE ACCEPTED OUR REVISED OFFER AND THE NEW PRICE. If you reject our Revised Offer, we will return your Device to you.
A Revised Offer may reflect a recovery of our shipping costs if (a) the amount that we are willing to pay for a Device in the Revised Offer process is such that the Session Minimum wouldn’t have been met if that amount were our initial offer, (b) you sent us a Device that isn’t the Device for which we made our offer and the amount that we are willing to pay for that Device results in the Session Minimum not being met, or (c) more than one Device was necessary to meet the Session Minimum and you don’t send us all of the Devices. Of course, you are free to reject our Revised Offer.
If we make you a Revised Offer, that Revised Offer rescinds our initial offer. If we return your Device to you, we are thereby rescinding our offer (or our Revised Offer if we made one) and will have no further obligation to you.
Our Give Back Program
Our Give Back program allows Device sellers to help third party organizations (“Donees”). In a Give Back sale, we do not pay the Price to the seller, but instead make a contribution in the amount of the Price to a Donee. If you select the Give Back option on the Site’s Sell a Device page (Tetchy.Tech), you will be electing to make a Give Back sale. You may select the Donee from the Donees that are listed in the Site, or you may elect to have us select the Donee. Instead of paying you for the Device, we will make a contribution in the amount of the Price to the selected Donee. We will not have confidentiality arrangements in place with Donees. WE STRONGLY ENCOURAGE YOU TO REVIEW A DONEE’S PRIVACY POLICIES BEFORE SELECTING IN IT A GIVE BACK SALE.
When you make a Give Back sale, you are not donating or contributing the Device to us or the Donee. Instead, you are selling the Device to us and we are contributing what we would otherwise pay you to the Donee. We will make the contribution to the Donee from our own funds, not from the amount that we receive if and when we sell the Device. It will never be the case that we are in possession of property or money donated by you to a Donee.
We are not a fund raising organization. We purchase Devices in Give Back sales for our own commercial benefit and not for the purpose of soliciting or raising funds for Donees. For us, there is no commercial difference between a Give Back sale and a sale in which we pay the Price to the seller. In each case, we are purchasing the Device for the same amount.
We have participation agreements with Donees that allow Donees to be listed in the Site, but we do not perform any services for Donees and Donees do not perform any services for us. Donees do not pay us any fee to be listed in the Site or otherwise with regard to Give Back sales. Our contributions to Donees are in the full Price amounts.
We are not soliciting or raising funds for any Donee. We do not recommend or endorse any Donee. We make no representations or warranties of any kind, whether express or implied, with regard to any Donee. Among other things, this means that we are not making any representation or providing any assurance with regard to whether a Donee is a charitable, benevolent, philanthropic, patriotic, social service, welfare, educational, eleemosynary, cultural, artistic, public interest, non-profit, or tax exempt organization. It also means that we are not making any representation or providing any assurance with regard to how a Donee might use a contribution from us.
We are not involved in the organization, operation, or activity of any Donee. The activities, statements, views, and positions of a Donee are its own, and not ours.
WE HAVE NO RESPONSIBILITY TO YOU WITH REGARD TO ANYTHING THAT A DONEE DOES OR DOES NOT DO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY AND VOLUNTARILY RELEASE US FROM ALL CLAIMS AND LIABILITIES, OF WHATEVER TYPE, NATURE, OR DESCRIPTION, RELATING IN ANY WAY TO ANY ACT OR OMISSION OF ANY DONEE.
WE STRONGLY ENCOURAGE YOU TO LEARN ABOUT A DONEE BEFORE DECIDING TO SELECT IT FOR A GIVE BACK SALE.
Payments to You and Contributions to Donees
If we are paying the Price to you, will make the payment in the manner that you selected when accepting our offer. If you elect to be paid by e-check, we will send you an e-check to the email address that you provided us and will not charge you a processing fee.
If you elect to be paid by paper check, we will send you a paper check via first class mail to the address you provided us and will deduct a $3.00 processing fee. If we are required to send you more than one paper check, we will deduct that processing fee from the amount of each check. These processing fee deductions will reduce the amount that you receive for the Device.
If you elect to be paid via PayPal, we will send your payment to the PayPal account that you specify in the Site’s check-out process. You will be subject to any fees that PayPal charges. Any fees that PayPal charges will reduce the amount that you receive for the Device. You should ask PayPal about its fees before electing to be paid via PayPal.
If we are making a contribution to a Donee, we will make the contribution in accordance with our arrangement with the Donee. Among other things, this means that we may include the contribution for your Device with other contributions in a periodic payment (for example, at the end of a month or quarter).
Accuracy of Information and Device Ownership
You represent and warrant to us that all information you provide us through the Site is true, accurate, and complete.
If you send a Device to us, you also represent and warrant to us that (a) you are the owner of the Device, (b) your sending of the Device does not violate any law applicable to you (including any export laws), and our receipt of the Device will not cause us to be in violation of any law applicable to us (including any import laws), (c) you have the legal right to send and sell the Device to us, and neither your sending nor your sale of the Device to us infringes or violates anyone’s rights, and (d) if we purchase the Device, title to the Device will transfer to us free and clear of any lien, security interest or other encumbrance.
When we receive a Device from you, we will check to see whether it has been reported lost or stolen or is otherwise “blacklisted”. This is one of the things that we will do to see whether a Device is acceptable to us. If the Device is reported stolen or lost by someone other than you, we will return it to you unless we are directed or advised to handle it in another way by law enforcement or legal counsel. If we are directed or advised not to return the Device to you, we will have no obligation to you with regard to the Device. THE PROVISIONS OF THESE TERMS THAT SAY WE WILL RETURN A DEVICE TO YOU ARE OVERRIDDEN BY THIS SECTION.
The fact that we will check to see whether a Device has been lost or stolen does not limit the representations and warranties that you are making to us with regard to your ownership of and right to sell a Device to us.
It is possible that we will not learn that a Device has been reported lost or stolen or is otherwise blacklisted until after we have paid you for that Device. In that event, we may rescind our purchase and require that you refund the Price to us.
Personal Information and Data on Devices
YOU WILL REMOVE ALL PERSONAL INFORMATION AND OTHER DATA STORED OR CONTAINED IN A DEVICE BEFORE YOU SEND THAT DEVICE TO US. WE WILL HAVE NO OBLIGATION TO YOU WITH REGARD TO ANY PERSONAL INFORMATION OR DATA STORED OR CONTAINED IN A DEVICE. Among other things, this means that we do not have an obligation to inspect a Device for personal information or data or remove personal information or data from a Device. You understand that we may sell or otherwise transfer or dispose of a Device that you send us and any personal information or data that is stored or contained in that Device may be accessed by others.
Do Not Send Accessories
You will not send us any charging cords, cases, or other accessories relating to your Device (“Accessories”). If you send us any Accessories, we may keep them or discard them in our discretion. If we elect to keep any Accessories, we will not pay you for them. We will not return any Accessories to you.
If you violate these Terms or any of the representations and warranties that you are making to us are inaccurate, for example, you sell us a Device that you do not own, we may pursue all remedies available to us. Among other things, we may stop payment on a check sent to you or make a claim through PayPal.
You will indemnify, defend and hold us harmless from and against any and all losses, costs, and damages, including reasonable attorney’s fees, incurred or suffered by us in connection with, arising from, or in any manner relating to your breach or violation of these Terms.
Compliance with Laws
You will comply with all laws applicable to you or your sale of a Device to us.
Arbitration and Governing Law
The United States Federal Arbitration Act will apply to any disputes between us as provided in this section. EXCEPT FOR CLAIMS THAT ARE ELIGIBLE TO BE BROUGHT IN CONCILIATION OR SMALL CLAIMS COURT, AND CLAIMS FOR EQUITABLE RELIEF, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR YOUR USE OF THE SITE WILL BE RESOLVED BY A SINGLE NEUTRAL ARBITRATOR UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION WILL BE CONDUCTED IN MINNEAPOLIS, MINNESOTA, BUT YOU OR WE (OR BOTH) MAY ELECT TO PARTICIPATE IN THE ARBITRATION TELEPHONICALLY OR BY VIDEO CONFERENCE. The arbitrator will have the power to grant any remedy that a court could provide.
YOUR CAN ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND WE CAN ONLY BRING CLAIMS AGAINST YOU IN OUR INDIVIDUAL CAPACITY. NEITHER YOU NOR WE CAN BRING CLAIMS AGAINST THE OTHER AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Before beginning an arbitration proceeding, you and we will first provide the other written notice of the dispute. That notice will describe the nature and basis of the dispute so that you and we can try to resolve the dispute without arbitration. If you and we cannot resolve the dispute within 30 days following receipt of the notice, either of us can begin the arbitration proceeding. You will send notices to us at the street and email addresses that are shown for us on the Site’s Contact Us page. We will send notices to you at the street and email addresses that you provided us in your most recent transaction through the Site.
Except as provided above, these Terms are governed by THE LAWS OF THE STATE OF MINNESOTA, as applied to agreements entered into and wholly performed within Minnesota by Minnesota residents, without regard to the laws of any jurisdiction that concern conflicts of laws. ANY DISPUTE THAT RELATES TO THESE TERMS OR YOUR USE OF THE SITE AND IS NOT SUBJECT TO THE ARBITRATION PROVISIONS ABOVE WILL BE BROUGHT AND RESOLVED EXCLUSIVELY IN STATE OR FEDERAL COURTS LOCATED IN HENNEPIN COUNTY MINNESOTA; AND THOSE COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY APPEAL FROM AN ARBITRATION PROCEEDING. YOU CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS.
THIS SECTION DOES NOT PREVENT YOU FROM BRINGING ANY CONCERNS YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT OR REGULATORY AGENCIES.
If, for any reason, any provision of these Terms is determined to be unenforceable or invalid, that provision (or the part thereof that is unenforceable or invalid) will be deemed severed from these Terms, and the remaining provisions of these Terms will be carried out with the same force and effect as if the severed provision (or part) had not been a part of these Terms.
We may assign or transfer any of our rights under these Terms without notice to you.
No failure by us to strictly enforce any provision of these Terms will operate as a waiver of that provision or any violation of that provision.
Section headings have been used in these Terms for convenience only. They are not a part of the provisions to which they relate and they will not limit the scope of the provisions to which they relate.
END OF PURCHASE TERMS AND/OR SALE TERMS