TERMS AND CONDITIONS

Welcome to www.tradeupsolutions.com, our reverse e-commerce website which provides a platform for our clients to sell us their used electronics.

TradeUp Solutions (used interchangeably with ‘We’) provides this website and its services for our clients’ use, subject to these terms and conditions (used interchangeably with Contract), our privacy policy, as well other applicable laws and regulations. You understand and accept that it is your responsibility to read this agreement carefully in order to understand your rights and obligations before using our website and services. By using this website and our services in any way, you are in full agreement with the following terms. If you are not, do not use the TradeUp Solutions platform in any way.

TradeUp Solutions LLC reserves the exclusive right to alter, review, add to or delete from these terms and conditions at any time at its discretion, so we recommend that you occasionally check back for alterations and reviews, as your use of the website and services after any alteration or review of these terms will be taken as your acceptance of those changes.

BASIC DEFINITIONS

We/Us/The Company: Any of these terms shall refer to TradeUp Solutions LLC.

You/your: Used interchangeably, this shall refer to any user of the TradeUp Solutions website.

Seller: This shall refer to a TradeUp Solutions user who desires to sell his/her used electronics via the platform.

Services: This shall include all e-commerce, reverse e-commerce, and related services offered by TradeUp Solutions.

Goods: This shall be construed to mean any electronic products and/or accessories offered for sale by sellers on the platform.

1. SERVICES/USE OF THE WEBSITE

This website and related services allows TradeUp Solutions LLC, a Massachusetts Corporation, and its authorized managers, representatives and workers (collectively called the Company), to purchase electronic goods and accessories as inspected by us and quoted on customers’ receipts. Your use of this website, and agreement to these terms, authorizes us to carry out these functions/services.

By agreeing to this contract, you agree to the following procedure:
You authorize TradeUp Solutions to email you a Merchandise Return Label which you may use for free shipping. To use the Merchandise Return Label, you must cut it out and tape it to the outside of the box used by you to ship your goods to us.
TradeUp Solutions will compensate you in an equivalent amount to the trade-in quote provided to you based upon your description of the condition and contents of the Sellers order, and in accordance with the Customer Receipt and the terms of this Contract.
For your trade-in quote to be valid, we must receive your goods not more than thirty-one days from order date. If we receive the Goods later than that, it is our policy to revalue such goods according to our current price list. If the shipped goods do not meet your initial description of the condition and contents according to the Sellers order, TradeUp Solutions, at its sole discretion, has the exclusive right to re-evaluate the value of the goods or terminate services.
You will allow the company at least twelve business days from when you ship us your item for us to initiate your payment. You however understand that this twelve business days is a quoted timescale only. We may under certain circumstances exceed the specified number of days, due to circumstances beyond our control such as delayed delivery and receipt of goods.
TradeUp Solutions has the right and may exercise such to terminate its services at any time, without notice, and for any reason at all.

2. PAYMENT POLICY

By shipping your used electronics to us, you agree to the following as it relates to our payment policy;
We usually make payment to sellers according to the method selected out of the options of Check or PayPal. We may however occasionally offer different methods of payment, and may at our discretion, elect to pay only by check. In such a case, we will mail the check or electronically transfer it to your specified Sellers address and any other contact information as provided by you.
TradeUp Solutions will make payment to you in full satisfaction of the amount owed you for the purchase of the goods.
Your receipt of or use of the payment shall be deemed an acceptance of this payment terms and conditions. All terms and restrictions are applicable to the extent permitted by law.

3. TRANSFER OF TITLE AND RISK OF LOSS

You agree that the sale of Goods to TradeUp Solutions shall be deemed final once payment is made and accepted according to our payment policy.

Upon payment, the title to Goods shall pass from the seller to the Company. You understand and accept that we cannot return Goods or any data stored on the goods to you after payment has been made.

The risk of loss for, and title to, payment passes to you upon payment, and we shall under no circumstances not be responsible for any stolen or lost payments.

4. REPRESENTATIONS AND WARRANTIES

By making your electronic goods available for sale to TradeUp Solutions, you represent and warrant that:
You are at least 18 years old and are able to form legally binding contracts;
You have all the necessary right and title, or have obtained the authorization to produce and/or distribute Goods and to permit TradeUp Solutions to offer, sell, and deliver such Goods to third parties;
The Goods offered by you for sale are not illegal merchandise or proscribed items that may not be listed on eBay or comparable online auction sites;
All Goods and rights granted under this contract do not infringe any proprietary rights, including but not limited to copyrights, trademark rights, patents domain names and/or any other intellectual property rights, of third parties;
All personal and contact information provided by you to TradeUp Solutions is honest, precise, current and complete; Your description of the Goods is not false, inaccurate, or misleading;
The goods offered by your for sale are not fraudulent or involve the sale of counterfeit or stolen items;
The goods or their use do not violate any law, decree, regulation, or guideline (including without limitation those governing consumer protection, export control, antidiscrimination, unfair competition, or false advertising).
All goods deemed by TradeUp Solutions to be a cell phone must have a visible International Mobile Equipment Identity (IMEI) number or an Electronic Serial Number (ESN); and must have been deactivated and retain no remaining outstanding balance on a mobile network.

5. PERSONAL DATA

You understand and accept that you are solely responsible for all personal, financial and sensitive information that may be stored in the Goods and their accessories.

You must delete all personal, financial and sensitive information from Goods that may contain data before you ship them to us. You understand and accept that we are not in any way responsible for removing or deleting data from Goods and give no assurance that any data left stored on the Goods will be deleted.

When you release the title of goods to TradeUp Solutions, you agree to release us from any claim as to Goods, data stored in such Goods, or any data on any media or accessories used in conjunction with the Goods. You also release us from any claim for such data’s security, confidentiality, integrity, disclosure or use. TradeUp Solutions shall not be responsible for any loss suffered by you due to any data that is not erased or deleted from the Goods.

6. BREACH

Without limiting other remedies, TradeUp Solutions may immediately terminate services, and refuse to provide you with future services under the following circumstances:
If you are found to be in breach of this contract;
If we are unable to verify or authenticate any information provided by you;
If TradeUp Solutions believes that the your actions may cause legal liability or financial loss for you, us, or any of our affiliates or customers;
If we suspect that you have engaged in fraudulent activity in connection with Goods whether by conviction, insurance or escrow investigation, settlement, or otherwise.

7. WARRANTY DISCLAIMER

YOU UNDERSTAND AND ACCEPT THAT TRADEUP SOLUTIONS (INCLUDING ITS MANAGERS, REPRESENTATIVES, WORKERS AND SUPPLIERS) MAKE ITS SERVICES AND WEBSITE AVAILABLE ONLY ON “AS IS” AND “AS AVAILABLE” BASIS. WE OFFER OUR SERVICES AND THIS WEBSITE WITHOUT ANY WARRANTY OR REPRESENTATION AS TO THE SERVICES, WHETHER DIRECT, IMPLIED OR STATUTORY. WE, OUR MANAGERS, REPRESENTATIVES, WORKERS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. THE FOREGOING DISCLAIMER MAY NOT APPLY TO THE SELLER IF SELLER RESIDES IN A STATE THAT DOES NOT ALLOW SUCH DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES.

8. WAIVER OF CONSEQUENTIAL DAMAGES

UNDER NO CIRCUMSTANCES WILL TRADEUP SOLUTIONS BE LIABLE TO ANY SELLER FOR ANY INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, EXTRAORDINARY, OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ITS TERMINATION, NOT REGARDING THE FORM OF ACTION WHICH MAY INCLUDE BUT IS NOT LIMITED TO NEGLIGENCE; AND REGARDLESS OF WHETHER TRADEUP SOLUTIONS HAS BEEN ADVISED OF THE LIKELIHOOD OF ANY SUCH LOSS OR DAMAGE. THE FOREGOING EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO THE SELLER IF SELLER RESIDES IN A STATE THAT DOES NOT ALLOW SUCH EXCLUSION OR LIMITATION.

9. LIABILITY CAP

You agree and accept that TradeUp Solution’s aggregate liability and the liability of its respective managers, representatives, workers and suppliers to the Seller or other third parties under any circumstances shall be limited to the greater of $50 or the estimated value of the applicable Goods as stated in the Customer Receipt.

10. RELEASE

You hereby release TradeUp Solutions, and its managers, representatives, workers, subsidiaries, joint ventures, successors and assigns from all claims, demands, and damages ( whether actual or consequential) of every type and kind, now known or yet unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with the Services.

11. INDEMNITY

You agree to protect and hold TradeUp Solutions, its associated companies, officers, executives, employees and managers harmless from and against all liabilities, damages, attorneys’ fees and costs, costs, compensations and other expenditures connected to any claims or any actions brought against TradeUp Solutions resulting from your breach of any portion of this agreement or other liabilities ascending out of your use of our services, or your violation of any law or the rights of any third party.

12. DURATION OF CONTRACT

This Contract is made effective on the date set forth in the Customer Receipt. except terminated earlier in accordance with the terms of this Contract, the duration of this Contract will continue until all the Services conducted by TradeUp Solutions for the Goods are complete in accordance with this Contract. This Contract may be terminated by us without notice for any reason or no reason, at any time.

13. DISPUTE RESOLUTION

You must direct all correspondence regarding any complaint to TradeUp Solutions at support@tradeupsolutions.com. Our customer relations staff are always available to take your complaints and work to resolve disputes.
You however agree that this agreement is construed under and shall thus be governed by the laws of the United States. You consent to submit to the exclusive jurisdiction of the courts located in Massachusetts, to resolve any and all disputes arising out of, or related to this agreement or the violation of any provision of this contract. Both parties waive any rights to a trial by jury.

14. GENERAL

All notices or requests pertaining to this contract must be in writing and be sent by fax or recognized commercial overnight courier. You understand that notices will be deemed to have been received upon receipt of written continuation of transmission when sent by fax or signing for receipt of delivery when sent by overnight courier. Notices must be sent to the parties’ specified addresses.
You understand and agree that no waiver of any provision of these terms and conditions will be deemed a waiver of a similar provision, or a waiver of the affected provision at a later date. TradeUp Solutions’ failure to enforce any term or provision of this agreement shall not be taken as a waiver of our rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.
You agree that these terms and conditions, as well as all other materials referenced in them are the entire agreement between you and TradeUp Solutions with respect to our website and services. They supersede all other communications (whether spoken, written, or electronic) between you and TradeUp Solutions concerning our services and will govern our future relationship.
If any provision of this agreement is found to be invalid by a Massachusetts court with competent jurisdiction, such provisions will be reviewed and/or struck to reflect the parties' original intention while all other provisions of this agreement shall be unaffected and remain in full force and effect.

15. SURVIVAL OF CERTAIN TERMS

The following Sections will survive the termination of this contract for any reason:
2 Payment Policy
3 Transfer of Title and Risk of Loss
4 Representations and warranties
5 Personal Data
6 Breach
7 Warranty Disclaimer
8 Waiver of Consequential Damages
9 Liability Cap
10 Release
11 Indemnity
13 Dispute resolution
14 General
15 Survival of Certain Terms.
All other rights and obligations of the parties will cease upon termination of this Agreement.