Smart Phone Buy Back

Last modified on 10 November 2023

Note – These terms are applicable to the smartphonebuyback trade site, where you can sell us your products. If you require Terms for the smartphonebuyback Store (where you can buy products) 

Welcome to Decluttr.com. Please read these website Terms & Conditions carefully before using this website (the “Website” or “Decluttr.com”) and the services and tools offered by Entertainment Magpie, Inc. (“smartphonebuyback ”). These Website Terms & Conditions (the “Terms & Conditions”) govern your access to and use of the Website, smartphonebuyback products and services, and smartphonebuyback mobile applications (together, “smartphonebuyback Services”). smartphonebuyback Privacy Statement and its Waiver of Class Action and Jury Trial Consent to Arbitration and Consent to Governing Law are incorporated in the Terms & Conditions by reference and form part of the Terms & Conditions. Please read the Terms & Conditions carefully. By clicking as indicated below, you accept and agree to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you must not access or use the Website or any smartphonebuyback Services.

General

smartphonebuyback Services are for the use of United States Residents who are 18 years of age or older only. When using smartphonebuyback Services, you agree that:

• You are the legal owner or have permission of the owner to sell the items you are attempting to sell through smartphonebuyback ;
• You are at least 18 years of age and reside in the United States or one of its territories or possessions. If you do not meet these eligibility requirements, you must not access or use the Website;
• You will not violate any laws, third party rights or our Terms & Conditions or other policies;
• The information you provide will be truthful and accurate;
• You will not impersonate any individual or provide false registration information; You will not transfer your account or user ID to another party without smartphonebuyback consent;
• You will open and use no more than one account with smartphonebuyback (multiple accounts are not permitted);
• You are responsible for maintaining the confidentiality of your account information including your password; and
• You will not copy, modify, creative derivative works of, distribute, publicly perform or display, or otherwise exploit any content from smartphonebuyback Services, except as explicitly permitted by these Terms & Conditions (see the section below titled “License” for more detail).

We may transfer, assign, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract at our discretion.

You may not transfer, assign, or in any way dispose of this contract or any of your rights or obligations arising under it, without our express written prior consent, which may be electronically communicated by way of email.

smartphonebuyback reserves the absolute right to close your account, terminate this agreement, and cease doing business with you at its sole discretion and for any reason it determines.

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this each time you access this Website so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

All content on the Website or available through Decluttr Services (including without limitation the name Decluttr, trademarks, and all related names, logos, product and service names, slogans; service marks; copyrights; information; website layout, organization, and design, selection and arrangement thereof,; graphics; text, displays, images, video and audio; and software) is owned or licensed by Decluttr or third parties and is protected by intellectual property laws including those of the United States and international copyright laws. Your use of this Website and any other Decluttr Services is subject to a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Decluttr Services and the content available through such services solely for your personal use in connection with non-commercial activities. (Please see the section below titled “Commercial Use of Decluttr Services” regarding commercial use.) All rights not expressly granted herein are reserved to Decluttr.

Except as explicitly permitted by these Terms & Conditions, you may not copy, modify, create derivative works of, distribute, publicly perform or display, or otherwise exploit any content from any Decluttr Services, in whole or in part, without our prior written consent (or the consent of the author of that content, if applicable) in each case, which may be granted or withheld in our or such author’s sole discretion.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate smartphonebuyback , a Comp smartphonebuyback any employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm smartphonebuyback or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Decluttr, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Decluttr. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

A transaction is completed when you agree to submit your items to us. You will be presented with a “thank you for completing your order web page/screen” at the point you have completed a transaction. We will provide a unique “Order Number” upon completion of each transaction. Please retain this Order Number for your records. You will need your Order Number for shipping and to track your transaction. Subsequently you will receive a “thank you for completing your order” email from us to act as a secondary method of confirmation that you have completed a transaction.

Once we have received your items, checked them and dispatched payment for them to you, then ownership of the items passes immediately and irrevocably to us. In addition, once you have received your payment from Decluttr, we may send you a user survey to complete.

We only accept items shipped from the U.S. and its territories or possessions. When selling your items, payment is made based on the value offered by Decluttr at the time of the transaction only and is subject to your items passing our quality checks (during our Quality Assessment process). (Please see the section below titled “Selling Your Stuff – Quality Assessment.”)

Decluttr’s valuations for products are the express property of Decluttr and the data for such valuations remains in their entirety vested in Decluttr. You agree, confirm and warrant that by valuing items on Decluttr’s websites (including Decluttr.com) or mobile applications or through other Decluttr Services, you are a member of the general public and NOT a business, organization, cooperative, trader or any other commercial user.

You expressly understand, accept and agree that Decluttr’s valuation or offer prices for products shall not be used by you on any other website(s)/mobile application(s) or on price comparison websites/services. You further agree that you will use Decluttr’s valuation services only to value (e.g., derive offer prices for) items that you actually own, or have the permission of the owner to sell, and are considering selling to Decluttr. No other uses of Decluttr’s valuation services are permitted.

For DVDs, CDs, Blu-Rays, Games and Books, the prices offered to you by us are valid for six (6) months from the date that such prices are offered to you and you complete a valid transaction with us. You understand, accept and agree that we may revalue your items if we do not process your items at our warehouse within the six-month period during which the offer price is valid. In the event that we do have to revalue your items, you hereby understand and agree to the new offer price(s) issued by smartphonebuyback during the revaluation (“New Offer Price”), as determined by us at our sole discretion, and you accept and acknowledge that we will process your items and our payment to you in accordance with the New Offer Price only. We may attempt to contact you via email in the event that this happens.

For Tech, the price offered to you is valid for twenty-eight (28) days from the date that the price is offered to you. If we do not receive and process your items in this period, we may revalue your items.

If the Tech item you send differs from the description you provided at the time of valuation (either in terms of make, model or condition), we may revalue your item. In this instance, we will email you with a revised offer price. You have a fourteen (14) day grace period to either accept or decline this new offer using the link in the email only. If you choose to accept the new offer, your order will be processed as normal at the new price. If you decline, we’ll return your items free of charge to the same address within the U.S. or its territories or possessions from which you shipped. If you don’t respond, your order will be processed at the new offer price.

smartphonebuyback Services and decluttr.com are NOT intended for, nor have they been developed for, use by businesses, organizations, cooperatives, traders or any other commercial users who wish to sell single or multiple copies of the same DVD, CD, Blu-Ray and Game Titles or Tech items.

All businesses, charities, schools or other commercial users should contact smartphonebuyback support team for alternative sales programs by emailing support@Decluttr.com.

Any use of smartphonebuyback Services by businesses, organizations, cooperatives, traders, or other commercial users that are not authorized in writing by smartphonebuyback (“Unauthorized Entity”) may result in the Unauthorized Entity’s user registration(s) or account(s) being blocked or suspended by smartphonebuyback. IN ADDITION, YOU AGREE THAT ANY GOODS SENT TO DECLUTTR WILL NOT BE RETURNED AND YOU AGREE THAT DECLUTTR MAY DISPOSE OF THESE GOODS AT NO CHARGE TO DECLUTTR AND WITHOUT ANY FURTHER LIABILITY OF ANY KIND, TO YOU OR ANY THIRD PARTY.

smartphonebuyback will automatically reject transactions which contain multiple items of the same DVD, CD, Blu-Ray, Books and/or Game title and Tech and may reject repeat transactions that contain the same DVD, CD, Blu-Ray, Books and/or Game titles and Tech that have been traded previously by a user. YOU AGREE THAT THESE DVD, CD, BLU-RAY, BOOKS AND/OR GAME TITLES AND TECH WILL NOT BE PAID FOR OR RETURNED BY DECLUTTR AND WILL BE RECYCLED OR DISPOSED OF BY DECLUTTR.

You understand, accept and agree that smartphonebuyback will ONLY honor valuations that it generates and provides. No other valuations by another method or source (e.g., including but not limited to, any other person, organization, entity, system or website) will be accepted or honored by smartphonebuyback . smartphonebuyback valuation of an item is its “Offer Price” and such “Offer Prices” are final (for the duration stated herein), in smartphonebuyback sole discretion.

The Delivery Services may only be used for Items that you are selling to us. You may not use these Delivery Services for any other items or purpose.

If you do use or attempt to use any of these Delivery Services for items other than those which you are selling to us, we reserve the right to charge you a reasonable administration fee to reflect the costs incurred by us in providing you with that service.

You shall not request that we or any of our chosen carriers carry or convey any Package if such carriage or conveyance would be unlawful or if such carriage would contravene any or all of these Terms and Conditions.
We and our carriers will not carry, and you agree not to send or request that we carry any Restricted Items, a list of which can be found on our carriers’ websites.

We and our carriers accept no liability whatsoever for any losses or harm arising from the carriage of any Restricted Items provided by or on behalf of you.

Please note that we have several legal obligations to comply with in respect of the carriage of Items, including but not limited to an obligation not to carry or accept for carriage Items that are deemed to be “Restricted Goods”.

You will be liable for any loss, damage, or liability arising from our breach of these legal obligations as a result of transportation of your Package or any other item you use or attempt to use our Delivery Services to send.

Should you (knowingly or unknowingly) attempt to require or require us or our carriers to carry any Items or handle any other items which breach the restrictions detailed in this condition, we and our chosen carriers shall be under no liability whatsoever in connection with those items, howsoever arising.

If you believe that your Package has been lost, damaged or stolen (subject to our confirmation that we have not received your Package) you will be required to provide a valid returns receipt which you will have been provided with by the relevant carrier.

It is your responsibility to obtain a receipt from the carrier and retain this for tracking and insurance purposes. As part of the claims process, you’ll need to provide the serial number and/or IMEI number of any tech items contained in your package (along with proof of purchase). You can find the IMEI of a mobile phone by calling *#06# or by going into your device settings. If you can’t provide a valid returns receipt, proof of purchase and serial/IMEI number, you may not be able to claim for any loss or damage to your package (subject to our confirmation that we have not received your package).

You must notify us in writing of any loss or damage, giving rise to a claim within twenty-eight (28) days of the date on which your Package was accepted by the courier (the date of which will be shown on your returns receipt).

If you fail to provide a valid receipt within twenty-eight (28) days of the date of your returns receipt, we shall not be liable for any loss or damage, unless you are able to demonstrate to our satisfaction that it was not reasonably possible for you to advise us or make such claim in writing within the twenty-eight (28) day time period and subject to you then providing such advice or claim within a reasonable time.

We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim.

In calculating the value of any claim we shall accept no other valuations than our own for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from the use of our Delivery Services.

We will notify you in writing of the outcome of our investigation and, if your claim is successful, payment of the Valuation, will be made via the payment method specified in your account on the Website.

When selling your items to us, you do so under these Terms & Conditions only. The information that you provide to us about your items may affect the price offered for these items. Please ensure that you accurately provide information relating to the items that you want to sell. For example, for a DVD, CD or Game, when you enter the barcode number into our system to get a valuation or Offer Price, if you do not enter the correct barcode number you will receive a different Offer Price because it will be for a different item and not the one you want to sell.

For items that fail the Quality Assessment Process (see section below titled “Selling Your Stuff – Quality Assessment”) or that have not been included in your relevant online transaction (e.g., they have not been valued using Decluttr’s online valuation engine and made a part of the sale you have submitted and agreed to), SUCH ITEMS CANNOT BE RETURNED UNDER ANY CIRCUMSTANCES AND WILL BE DISPOSED OF BY DECLUTTR.

Upon inspection of your items, if we find any item(s) that we believe to be counterfeit, fake, imitation, an illegal copy or a non-original product we will dispose of them in our sole discretion. Any such determination by Decluttr is final and Decluttr will not respond to further inquiries regarding the authenticity of such items including but not limited to whether such items are counterfeit, fake, or otherwise imitation items. All such counterfeit, fake, imitation items or illegal copies will not be paid for or returned by Decluttr and we may report such incidents to the relevant authorities. By agreeing to these Terms & Conditions, you expressly warrant that the products you sell to us are wholly original and genuine and not counterfeit, imitation or fake, and that your sale of such items to us does not violate any laws.

For items that you send to us, but have not been valued previously by us, or where the valuation process has occurred but we have not actually offered an Offer Price; and/or they do not appear in a valid Decluttr order/transaction item list, you understand, accept and agree that we will not pay you for these items and are unable to return them, but will dispose of them responsibly.

You accept and agree that when creating a single order with Decluttr, you cannot sell multiples of the same product(s) and that you will not attempt to create multiple orders in order to sell multiples of the same product(s) to us without our express permission. The order minimum and maximum item limits and/or requirements are posted on our Website(s) or mobile application(s) and form part of these Terms & Conditions.

All DVDs, CDs, Blu-Rays and Games sold to us are checked by our quality control team during our quality assessment process. Decluttr will not make payment for, or return to the sender/seller/user any DVDs, CDs, Blu-Rays or Games if one or more of the following conditions exist:

• If ANY of the original disks from the original item are missing;
• If the disk in the case does not match the cover and/or sleeve notes;
• If some, or any, of the cover and/or sleeve notes are missing;
• If the cover and/or sleeve notes OR the disk are irretrievably damaged and cannot be refurbished (e.g., the disk is cracked or very badly scratched or the cover and / or sleeve notes are water damaged, ripped or torn);
• If the cover, the disc artwork and/or the sleeve notes are defaced in any way;
• If Decluttr suspects the product is non-original, counterfeit, fake, or illegal in any way. Please note, this matter is taken very seriously and Decluttr reserves the right to take further action as appropriate regarding non-original copies, counterfeits, or illegal copies. Please see the section above titled “Selling Your Stuff – General Conditions” for more information;
• If when quality assessed by our team we find that the CD you have sent to us and/or valued on our site, is in fact not a CD album but a CD single we reserve the right to fail that item and under our Terms and Conditions deal with that item as we do with all items that fail quality assessment;
• If the barcode you entered is NOT identical to the barcode on the item you send to us and/or if the barcode is not evident on the cover, disc artwork and/or sleeve notes of the item received;
• If no barcode is present;
• If any Game does not have all the original instruction booklets in addition to the original artwork; or
• If any Game is sent to us in a format that we do not accept, as described below.

Where DVDs, CDs, Blu-Rays and Games are rejected for any of the above reasons, Decluttr’s decision is final. Decluttr will inform users if one or more of their items have failed quality control via email updates and/or through their Decluttr online account.

If you send a DVD, CD, Blu-Ray or Game which was not included in your order (either intentionally or by mistake), it will automatically fail our Quality Assessment and will be recycled responsibly. We cannot return or pay for any media item which was not valued in your order.

We only accept Games on the following formats: Playstation 2, Playstation 3, Playstation 4, Xbox, Xbox 360, Xbox One, Nintendo Wii, Nintendo DS, Nintendo 3DS, PSP and PS Vita. Games in these formats will be accepted by title based on the valuation or Offer Price provided. Accepted formats may change without notice, so please check these Terms & Conditions prior to creating a transaction with us. For clarity, we DO NOT accept PC Games.

Books

All Books are checked by our quality control team during our Quality Assessment process.

We have a right to reject, recycle and make no payment for any items that do not pass our Quality Assessment at our own discretion.

We have a right to reject, recycle and make no payment for any books that have not been processed at our warehouse within twenty eight (28) days from the date that you place your order, at our own discretion.

IMPORTANT: we will not pay for or return any Books that fail our Quality Assessment. Any Books delivered in any of the following conditions will fail the Quality Assessment at our absolute discretion.

a) There is substantial damage to the Book’s front cover. Please note that “substantial damage” is completely at our discretion.

b) You do not attach the label provided in your Pack & Send Guide to the Package.

c) An item differs from the description provided when you completed your order. We accept Books using the ISBN number to identify each individual item.

d) The Book has damaged, missing or defaced (including annotations, highlighting or written notes and drawings of any kind) pages.

e) The Book has visible damage or discoloration caused by liquid, mould or deterioration over time.

f) The Book is missing its dust jacket, or any other kind of cover provided when you first purchased the book.

g) We suspect that the product is ‘non original’ in any way.

h) The Book has an ISBN number that is not identical or evident on the cover, front or back to the number you entered on our website to receive a valuation.

i) The Book has significant damage to its corners/edges.

When a Book fails our Quality Assessment, the decision is final and your items will not be returned.

What happens if your Books fail the Quality Assessment process?

Any Book which fails the Quality Assessment will be recycled responsibly. It cannot be returned under any circumstances and you will not receive payment for that item. You can view any rejections in the ‘My Account’ section of the website.

If you send a Book which was not included in your order (either intentionally or by mistake), it will automatically fail our Quality Assessment and will be recycled responsibly. We cannot return or pay for any Book which was not valued in your order.

When you place an order on the Website, you agree to us handling your Books in this way and agree that this will constitute sufficient payment for your Item.

You accept and agree to hold us harmless in respect of any loss, material or otherwise, that you may suffer due to disposal of these unaccepted items.

LEGO®

All LEGO® sold to us is checked by our quality control team during our Quality Assessment process.

Where any LEGO® does not pass our Quality Assessment we have a right to reject your items at our discretion and make no payment for them. Your LEGO® will be weighed again with blocks that have failed removed, and we may revise your payment based on the new weight. In this instance, you will be contacted with the revised price and will be offered the chance to accept or reject the offer. If you reject our offer, we will send your items back for FREE.

IMPORTANT: we will not make payment for any LEGO® which fails our Quality Assessment. LEGO® delivered in the following condition will be deemed at our absolute discretion to have failed the Quality Assessment:

a) if the LEGO® in your order is damaged. This includes LEGO® that is chewed, discoloured or warped. Please note that the definition of “damaged” is completely at our discretion.

b) If the LEGO® in your order isn’t authentic or original (i.e. a different brand such as Mega Bloks or K-NEX).

If your LEGO® order weighs less than originally described, we will revise the value of your payment according to the actual weight.

smartphonebuyback offers customers a number of ways to send your items to us for FREE using:

Our FREE Shipping Service, subject to these Terms & Conditions, which is available to customers who sell over $5 to a maximum of 500 items per order. For FREE Shipping Service Terms & Conditions.

You understand, accept and agree to ONLY use smartphonebuyback FREE Shipping Service for items that you are selling to smartphonebuyback . Any other use of these services is forbidden and should you use or attempt to use our FREE Shipping Service for items other than those which you are selling to smartphonebuyback you may be charged for use of this service based on the costs (administrative and/or actual shipping costs) as determined in smartphonebuyback sole discretion. Please note that you can use the Shipping Service only for items to shipped from within the U.S. or its territories or possessions.

To ensure payment is made quickly, users are advised to send their items in as few parcels as possible. All parcels must be secured properly and appropriate packaging should be used. Each parcel should include only the items valued by smartphonebuyback for a designated order, or the shipping costs may not be adequately covered.

You must ensure when sending your items to us that you attach the correct label(s) to each package. The label required for each package is provided to you both in your Welcome Pack and on our Website. You need a unique label for each parcel that you send to us and these can be downloaded from our Website in the My Account section. You must follow the packaging instructions you are provided in your packaging guide. You must affix a valid label to each and every package/parcel that you wish to send to us using our FREE Shipping Service.

For clarity, you accept and agree that smartphonebuyback may, at any time and its sole discretion, alter Free Shipping Service Terms & Conditions and shipping options it offers to you for the items you wish to sell although such changes shall not apply to shipments that are already in progress as at the time of a change in the Shipping Service Terms and Conditions.

smartphonebuyback payments are made by direct deposit, PayPal or check made payable to the details you provide to us when you register for smartphonebuyback services.

It is your responsibility to ensure that the Payment Details (including but not limited to payee name, address, account details and PayPal ID) are correct and accurate. You may update Payment Details in the My Account section of the Website and it is your responsibility to do so. We may prompt you either via our Website, mobile applications or via electronic mail or post from time to time to ask you to make sure that the Payment Details you have provided are correct and accurate. Such communications or prompts of this type from us to you do not mean that we assume any responsibility whatsoever for the validity of the details that you provide to us and it remains your sole responsibility to ensure that the Payment Details you have provided are correct, complete and accurate. We will not be liable if you fail to receive a payment or suffer any loss (including but not limited to, if a payment is sent to an incorrect account or recipient) as a result of any failure by you to correctly, completely and accurately provide Payment Details. You understand, agree and accept that your receipt of payment from smartphonebuyback may depend on third parties (who we cannot and do not control) to process and/or ship these payments and we will not be liable for delay in receipt of payment as a result of the actions or inactions of such third parties. Payments may be subject to validation and security checks that we or third parties may require at our/their discretion from time to time.

It is your responsibility to ensure that the registered name and address in your smartphonebuyback Account is entered correctly and accurately. If your bank refuses to clear a check or a direct deposit fails due to an error in the details you have provided to us, smartphonebuyback reserves the right to charge you an administrative fee in the form of a deduction from our payment to you, or a request for payment from you, for the reissue of payments. It is at the sole discretion of smartphonebuyback how reissue payments are made. Such administrative fee(s) may be applied by smartphonebuyback each time you provide incorrect details for a reissue payment, and smartphonebuyback may, in its sole discretion, apply such charges in the form of a deduction or a payment from you.

If you choose to donate the proceeds of your sale to charity, upon completing your sale by clicking the “Confirm Your Order” button and being presented with the confirmation page, you will not be able to change the payment method you have selected. The funds will be paid to the charity selected in accordance with our agreement with that individual charity.

Promotional Codes

The business will from time to time issue voucher codes as an incentive to trade or buy. These voucher codes are intended to be valid for one use per customer and in cases where the business believes the usage of the code is being abused over and above a normal level of trade, it reserves the right to honour only the first usage of the code and also recover back any usage subsequent to the first time from any current outstanding or future orders.

The following is offered as an estimate only of the time that the transaction may take to complete and the time it may take for you to receive payment. smartphonebuyback is not responsible for any delays under any circumstances.

It may take 7-10 days for your items to reach us using our Free Shipping Service.

We will then check your items against your order and ALL of your items will go through our Quality Assessment Process as quickly as possible.

Once all your items have passed Quality Assessment and your order is completed, payments will be processed as follows:

In most cases, payments are processed on the business day after your items pass Quality Assessment. Direct deposits will be made to the account details you entered when completing your order and your funds should arrive in your account within 3 business days of payment being made. smartphonebuyback takes no responsibility for delays in payment due to a customer entering incorrect bank details.

Checks are dispatched via U.S. Mail and may take up to 10 business days to arrive depending on your location in the US. We will post your check to the address you entered into our website on registration. smartphonebuyback takes no responsibility for delays in receipt of payment due either to the postal service or incorrect/insufficient address details being entered onto the system by you.

PayPal payments will be deposited into your PayPal account as soon as your items have been processed. This should arrive within one business day. Decluttr takes no responsibility for delays in payment due to a customer entering incorrect PayPal account details.

Please note that we will regularly communicate with you by email regarding the progress and status of each order or users may log onto their account and look into the order history for updates.

Entertainment Magpie, Inc. T/A decluttr.com is committed to protecting your privacy. Please ensure that you read our Privacy Policy. Our Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning our use of your personal information or any queries with regard to our processing . The Information contained in our Privacy Statement makes up part of these Terms & Conditions.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE DECLUTTR SERVICES, INCLUDING THE WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL DECLUTTR SERVICES AND ALL INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DECLUTTR SERVICES ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DECLUTTR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN ADDITION, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DECLUTTR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY DECLUTTR SERVICES, OR FROM ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DECLUTTR SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR REPUTATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES OR, ANY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DECLUTTR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE VALUATION OR OFFER PRICE OF THE ITEMS YOU HAVE OFFERED TO SELL TO DECLUTTR.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. DECLUTTR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY SERVICES, AND SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD-PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

You hereby agree to indemnify, defend, release and hold harmless Decluttr, its affiliates, licensors and service providers, and its and their officers, directors, employees, contractors, licensors, suppliers, agents, successors and assigns from and against any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) made by any third party due to or arising out of (i) your use of the Website or any Decluttr Services or access by others to your account, (ii) your breach of these Terms & Conditions, and/or (iii) your violation of any law or the rights of a third party.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and any Decluttr Services. You represent and warrant that you have the legal right to sell all items you submit to Decluttr, that the items are not counterfeit or stolen or in any way illegal (including not originating from any countries from which the U.S. prohibits importation of said items), and that your submission of them complies fully with these Terms & Conditions. You further represent and warrant that prior to selling any DVDs, CDs, Blu-Rays and/or Games that you have not “ripped,” digitally copied or made any type of illegal copy of the entertainment item(s) that you are selling, or, if you have previously copied the item or parts therefrom, that any such copies have been permanently deleted from your hard drive or other storage device(s) prior to selling the item(s) to us. In addition, you agree that you are solely responsible for paying any and all taxes applicable to any sales of items through the Decluttr Services.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles. You agree to bring any claims arising out of, relating to or concerning these Terms & Conditions exclusively in state or federal courts within the State of Georgia, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

These Terms of Use do not allow class or collective arbitrations or actions, and any and all proceedings to resolve claims of any kind will be conducted only on an individual basis and not in a class, consolidated, mass or representative action. YOU HEREBY AGREE THAT YOU MAY BRING CLAIMS OR INSTITUTE ACTION AGAINST US, INCLUDING OUR MEMBERS, CONTRACTORS, AFFILIATES AND SUBSIDIARIES, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms of Use.

These Terms & Conditions set forth the entire understanding and agreement between you and smartphonebuyback with respect to your use of any smartphonebuyback Services. If any of the provisions of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by us. The failure to strictly enforce the performance of any provision of these Terms & Conditions shall not be deemed a waiver of smartphonebuyback rights under such provision. Nothing in the Terms and Conditions shall be deemed to confer any third-party rights or benefits or to establish any third party beneficiary relationship. smartphonebuyback shall not be liable for failure or delay in fulfilling its obligations due to any causes beyond its control, including without limitation, acts of God, transportation difficulties, labor disputes, riots, war, fire, system failures, explosions and epidemics.