Buyback Boss Terms & Conditions
Buyback Boss Terms & Conditions
This Website is owned by Wight Investments, LLC, doing business as Buyback Boss (“Buyback Boss,” “we,” “our” or “us”). Buyback Boss offers services (the “Services”) through which you can (i) sell certain consumer electronic products (the “Products”) after receiving an “offer” from Buyback Boss by identifying your Product and its condition and completing check-out on the Buyback Boss Website (each transaction, a “Sale”) and (ii) buy Products from us (each, a “Purchase”). By accessing and using this Website you agree to be bound by and to act in accordance with these Terms & Conditions (“Terms”) and our Privacy Policy (https://buybackboss.com/privacy-policy/).
These terms govern (i) any information you provide to us about your Product, (ii) any offer that you receive to sell your Product through Buyback Boss’s Website and (iii) any Product you purchase from Buyback Boss’s Website. These terms, the terms that govern your use of the Buyback Boss Website, the Buyback Boss Services and any and all applications included therein, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and Buyback Boss (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 exercising rights under this Agreement.
IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT SUBMIT INFORMATION THROUGH OUR WEBSITE OR SEND YOUR PRODUCTS TO US. THESE TERMS MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE BUYBACK BOSS WEBSITE. Buyback Boss reserves the right to terminate or suspend your use of the Buyback Boss Website and/or the Buyback Boss Services if you do not comply with these Terms or any other Buyback Boss policy or procedure, or for any other reason we determine, in our sole discretion.
I. Terms Related to the Sale of Your Product to Us
1. In order to complete a Sale, you must: (i) provide true, up to date and accurate information about yourself and any Product you submit to us or Purchase from us; (ii) comply with all terms and conditions of this Agreement; (iii) comply with all applicable laws and regulations; (iv) transact on behalf of yourself and not on behalf of others; and (v) 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.
2. In order to receive payments for any Products in connection with a Sale, 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. Buyback Boss 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 Buyback Boss and Buyback Boss 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 Sale payments or Sale 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.
3. Product Eligibility. Buyback Boss determines, in its sole discretion, which Products are eligible for purchase by Buyback Boss through our Website. Buyback Boss 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, subject to inspection as set forth in Section 8 below.
4. Condition Defined for Sale. Buyback Boss uses six (6) basic Product conditions to grade Products you wish to sell to us: “Brand New,” “Flawless,” “Good,” “Average,” “Fair,” or “Faulty.” Guidelines and condition definitions are shown during the quoting process on our Website. It is your responsibility to ensure that you review the definitions carefully and accurately choose the condition that applies to your Product. Condition definitions are subject to change at Buyback Boss’s discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting us at [email protected].
5. Product Valuation. All offers will be based on Buyback Boss’s own determination of the Product value in reliance on the accuracy of the information you supply us. Buyback Boss will use its discretion to determine the Product value, weighing factors that may include the Product’s model, functionality and condition. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to Buyback Boss at the offered price. If you do not accept Buyback Boss’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. 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 or rejection of your Product as further described in Section 8 below.
6. 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 Buyback Boss and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in “Faulty” condition). The Products and the sale and shipment of such items to Buyback Boss: (a) must comply with all applicable laws, statutes, ordinances, (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. By using the Buyback Boss Services, you agree to indemnify Buyback Boss from all claims or losses sustained by Buyback Boss 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 Buyback Boss. Buyback Boss is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your shipment of the Product to us. It is also your responsibility to remove any security codes that would prevent use of any Product.
7. 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 Sale. Buyback Boss’s standard practice is to remove all such data from the Product; however, Buyback Boss makes no guarantee that it will do so. By sending Buyback Boss 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 Buyback Boss (whether in connection with a Sale or a Purchase), or for such data’s security, integrity, confidentiality, disclosure or use. Buyback Boss 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.
8. Product Inspection; Offer Recalculation. Your Product must be received by Buyback Boss within fourteen (14) days after you accept the original offer provided by Buyback Boss and complete the check-out process on the Buyback Boss Website (the “Delivery Period”) or the offer shall automatically expire. Packing and shipping instructions provided to you by Buyback Boss should be followed in order to avoid possible damage to or loss of the Product in transit. Buyback Boss will inspect all Products that are received. Buyback Boss 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 Buyback Boss rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Buyback Boss 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 Buyback Boss after the Delivery Period, and/or (c) Buyback Boss receives Product(s) that are different from those identified when your offer was calculated. If you elect not to accept the recalculated offer price, your Product will be returned to you.
9. Recalculated Product Offers after Inspection. In the event Buyback Boss recalculates the offer it provided for the Product after it has been received and inspected, 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, Buyback Boss will return the Product to you at the address from which it was originally sent. Buyback Boss will give you a period of seven (7) days after Buyback Boss presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). 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.
10. Risk of Loss. You remain responsible for the risk of loss for the Products sent to Buyback Boss for Sale until delivery of the same to Buyback Boss. You are responsible for any damages that may occur to your Product while in transit. Buyback Boss is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Buyback Boss 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 Buyback Boss delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
11. Passing of Title. Title to the applicable Product sent to Buyback Boss for Sale passes to Buyback Boss upon Buyback Boss’s acceptance of the Product for the original offer or the new offer, as applicable.
12. We do not purchase items that are account locked, remote managed, counterfeit, or blacklisted. Customers will be responsible for the shipping cost of these item types being returned. An invoice will be sent in this case for the amount of the return shipping cost. We allow 7 days to pay the invoice for the shipping cost in full from the date and time the invoice is emailed. If the invoice is not fulfilled within 7 days, the items will be responsibly recycled.
II. Terms Related to Your Purchase of Products From Us
1. 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). We or our authorized payment processor will process your payment for a Purchase, and you are required to provide valid payment information (such as a credit or debit card, or a PayPal account). Your payment information is collected and processed by our authorized payment processor, and we do not store full payment card details ourselves.
2. Payment Authorization. By submitting an order, you authorize us and our third-party payment processor to charge your selected payment method for the total amount of your order, including applicable taxes and shipping. Payments are processed by third-party providers (such as Shopify), and your use of those payment services may be subject to the providers’ own terms and policies. You represent that you are authorized to use the payment method you provide.
3. Order Acceptance; Cancellation. Your submission of an order is an offer to purchase a Product. All orders are subject to our acceptance, and no contract for the Purchase of a Product is formed until we ship the Product to you. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation: pricing or product description errors, a Product becoming unavailable or out of stock, suspected fraudulent or unauthorized activity, or limits on the quantity available for purchase. We may also limit or prohibit the quantity of any Product that may be purchased per order, per account, or per customer. If we cancel an order after your payment method has been charged, we will refund the amount charged for the cancelled items to your original payment method.
4. Sales Tax. State Sales Tax will apply to all items shipped to any state or other jurisdiction in which we are legally obligated to collect sales tax.
5. Shipping. Shipping options and any associated shipping costs for Products you Purchase will be displayed during the checkout process.
6. Risk of Loss on Purchases. For Products you Purchase from us, title and risk of loss pass to you upon delivery of the Product to you (or to your designated recipient) at the shipping address you provide. We will bear the risk of loss while the Product is in transit to you.
7. Returns. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such Products are returned in their original condition. The following applies to all returns:
• To return Products, you must email our Returns Department at [email protected]. You will be required to provide us with your order number and your name when writing. We will provide you with instructions for completing your return.
• You bear the risk of loss during shipment of a return to us. We therefore strongly recommend that you fully insure your return shipment against loss or damage for your protection.
• Refunds are processed within approximately two (2) business days of our receipt of your returned item. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
8. Consumables; Service Plans. Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by Buyback Boss unless and until separately offered and purchased.
9. Product Pricing. Buyback Boss regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the Buyback Boss Website and third-party marketplaces like eBay or Amazon.
10. Used Products. Buyback Boss offers both new and used (refurbished) Products for sale. The condition of used Products will be disclosed in the Product description on our Website and all used Product features work (except for those requiring carrier service or data plans, which must be purchased separately if so desired), but the device may include minor scratches or other minor defects as described in the Product description.
11. Limited Warranty on Products Purchased. Buyback Boss offers a limited warranty that begins on the date you Purchase a Product from us and ends twelve (12) months thereafter (“Warranty Period”). During the Warranty Period, we warrant that the Products you Purchase from us will be free from defects in materials and workmanship. In our sole discretion, we will (i) repair or replace any defective Products free of charge or (ii) refund the purchase price of such Products. If we elect to repair or replace a defective Product, we will pay all shipping costs associated with the return and re-shipment of the Product via USPS Ground Advantage. IN ADDITION TO THE LIMITATIONS OF LIABILITY CONTAINED IN SECTION III, SUBSECTION 5, BELOW, THE FOLLOWING LIMITATIONS APPLY TO THIS LIMITED WARRANTY:
• This limited warranty extends only to the original purchaser of Products from our Website. It does not extend to any subsequent or other owner or transferee of the Product.
• This limited warranty does not cover any damage due to: (i) transportation of the Product; (ii) improper use of the Product; (iii) your failure to perform any preventative or required maintenance; (iv) any modifications or repairs made to the Product after your Purchase; (v) normal wear and tear; or (vi) damage to the Product due to accidents, abuse or other actions or events after your Purchase that are beyond our reasonable control.
• UNLESS PROHIBITED BY APPLICABLE STATE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
• We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
III. General Terms
1. Privacy Policy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2. 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 Buyback Boss to provide you with terms and important notices about Buyback Boss and your transaction to an email address you provide to us or by posting notices on an applicable page on our Website. 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 Buyback Boss Website.
3. Use of Services. By using the Buyback Boss Website, you agree (i) not to 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 Buyback Boss; and (ii) not to engage in any other activity that interferes with or disrupts the Services or performance of the Buyback Boss Website.
4. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE BUYBACK BOSS SERVICES AND WEBSITE “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.
5. Limited Liability. THE REMEDIES DESCRIBED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUYBACK BOSS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, THE “BUYBACK BOSS 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 BUYBACK BOSS 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 BUYBACK BOSS AND THE BUYBACK BOSS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE BUYBACK BOSS SERVICES AND BUYBACK BOSS WEBSITE 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.
6. Intellectual Property. The Buyback Boss Website and its contents, including without limitation the text, graphics, logos, button icons, images, and software, as well as the “Buyback Boss” name and marks, are the property of Wight Investments, LLC or its licensors and are protected by United States and international intellectual property laws. We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Website for its intended purpose of transacting with us. You may not copy, reproduce, distribute, modify, or create derivative works from any portion of the Website without our prior written consent.
7. Text Messaging (SMS). If you opt in to receive text messages from Buyback Boss (for example, at checkout), you consent to receive recurring transactional and/or promotional text messages from us at the mobile number you provide, including messages sent using an automated system. Consent is not a condition of any purchase or Sale. Message and data rates may apply, and message frequency varies. You may opt out at any time by replying STOP to any message, and you may reply HELP for assistance. We are not responsible for any delays or failures in the receipt of text messages, as delivery is subject to effective transmission by your mobile carrier.
8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Indemnification. You agree to indemnify, defend, and hold harmless Buyback Boss and the Buyback Boss 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.
10. Assignment. You may not assign or transfer this Agreement, or any rights or obligations under it, without our prior written consent. We may assign or transfer this Agreement, in whole or in part, without restriction or notice to you, including in connection with a merger, acquisition, reorganization, or sale of assets. This Agreement will bind and benefit the parties and their permitted successors and assigns.
11. Survival. The provisions of this Agreement that by their nature should survive termination or expiration will survive, including, without limitation, the provisions governing the Limited Warranty, No Warranties, Limited Liability, indemnification, intellectual property, and Applicable Law and Venue.
12. Entire Agreement/Severability/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. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. No waiver by Buyback Boss of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13. Correction of Errors and Inaccuracies. The Buyback Boss Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Buyback Boss therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website content at any time without prior notice. Buyback Boss does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
14. Modification of Terms. Buyback Boss reserves the right to modify these Terms at any time. If you do not agree to the changes, you may discontinue using the Buyback Boss Website and/or the Buyback Boss Services. Your continued use of any Buyback Boss Website and/or Buyback Boss Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Buyback Boss or Purchase a Product from Buyback Boss, you reaffirm your acceptance of these Terms as in effect at the time of such use.
15. Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN MARICOPA COUNTY, ARIZONA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
16. Contact. If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email us at [email protected].