Terms & Conditions

Last Updated: November 25, 2023

These Terms & Conditions (the “Terms”) explain the rules that govern your access to and use of the SecondHandCell website, our quoting tools, and the services that allow you to sell or recycle devices through us (collectively, the “Services”). By visiting the site, submitting a quote, creating an account, or shipping a device you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced here. If you do not agree, you may not use the Services.

1. Eligibility & Account Responsibilities

You must be at least 18 years old and legally able to enter into contracts in the United States to use the Services. When you create an account or submit an order you agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for all activity that occurs under your account.

2. Device Representations

By sending us a device you represent and warrant that:

• You are the sole, lawful owner of the device or you have full authority to transfer ownership.
• The device is free of liens and financing obligations, is not reported as lost or stolen, and is not subject to any third-party claim.
• You have removed all personal data, passwords, security locks, SIM or memory cards, and accessories not requested by us.
• All information you submit about the device (including condition, storage size, and carrier status) is accurate and truthful.

3. Quotes, Inspections & Re-Offers

Online quotes are preliminary estimates based solely on the details you provide. We inspect every device once it reaches our facility. If the device condition or activation status differs from the information supplied, we may issue a revised offer (“re-offer”).

• You will receive notice of any re-offer by email using the contact information on file.
• You have seven (7) calendar days from the time we send the re-offer email to accept or decline it.
• If you do not respond within the response window, the re-offer will be deemed accepted and we will proceed with payment.
• If we are unable to reach you after reasonable attempts, we may finalize your order at seventy-five percent (75%) of the most recent quoted amount so that we can close out the transaction.
• Once you accept an offer (initial or revised) the acceptance is final and the device cannot be returned.

4. Shipping, Risk of Loss & Insurance

We provide prepaid shipping labels and, when requested, shipping kits. You are responsible for following our packing guidelines. Risk of loss remains with you until the package is scanned by the carrier and shows as accepted in carrier tracking. We recommend insuring your shipment and retaining drop-off receipts. We are not liable for damage or loss that occurs before carrier acceptance.

5. Title Transfer & Data Removal

Title to a device transfers to SecondHandCell only after we accept the device and issue payment. Devices that fail inspection for reasons such as activation locks, outstanding balances, or lost/stolen status will not be returned; instead they will be held and managed in accordance with applicable law. As part of our intake process, all accepted devices are professionally data-wiped. We are not responsible for any loss of data that occurs once a device is in our possession.

6. Payments & Taxes

Payments are issued via the method you select (for example, ACH, PayPal, Venmo, or mailed check). You are responsible for supplying accurate payment credentials and for any fees charged by your payment provider. You are solely responsible for reporting the proceeds of any sale to tax authorities.

7. Communications & Notifications

We communicate with you electronically regarding your order, including order confirmations, re-offers, required action notices, and payment confirmations. You consent to receive these transactional communications. You may also choose to receive marketing communications and can opt out at any time using the unsubscribe link or by contacting us.

8. Prohibited Conduct

You agree not to:

• Submit devices you know or reasonably suspect to be counterfeit, lost, or stolen.
• Interfere with or disrupt the Services, including by introducing malware or scraping the site.
• Use the Services for any unlawful, fraudulent, or abusive purpose.
• Misrepresent your identity or attempt to bypass verification safeguards.

9. Compliance with Lost/Stolen Property Laws

We operate under the laws applicable to secondhand dealers, including New York Penal Law §§ 155.05(2)(b) and 165.40–165.54, New York City Administrative Code §§ 20-272 to 20-273, and New York General Business Law Article 6. If a device is flagged as lost, stolen, or otherwise unlawful to purchase, we must hold the device, notify law enforcement, and follow their instructions. The device will not be returned to you unless permitted by law enforcement. We keep detailed transaction records, including identification information, as required.

10. Cancellations, Returns & Abandoned Property

• You may cancel an order within fifteen (15) days of submission so long as we have not already issued payment. When an order is cancelled we void associated shipping labels.
• Prepaid labels that are unused for fifteen (15) days may be automatically voided to prevent carrier charges.
• If we request additional action from you (such as removing an activation lock) and you do not respond within the stated timeframe, we may treat the device as abandoned and finalize it at the reduced amount described in Section 3.

11. Warranty Disclaimer

The Services are provided “as is” and “as available.” To the maximum extent permitted by law we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the fullest extent permitted by law, SecondHandCell, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data. Our total liability for any claim arising out of or relating to the Services will not exceed the amount paid or payable for the device that is the subject of the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless SecondHandCell and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights.

14. Governing Law & Dispute Resolution

These Terms and any disputes arising out of or relating to them are governed by the laws of the State of New York without regard to conflict-of-law principles. You agree that the state and federal courts located in Kings County, New York will have exclusive jurisdiction over any dispute that is not subject to arbitration or that arises after any arbitration award. Both parties waive the right to a jury trial to the extent permitted by law.

15. Changes to the Services or Terms

We may update these Terms at any time by posting a revised version on this page. The “Last Updated” date reflects the most recent changes. Your continued use of the Services after the Terms are updated constitutes acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms or need assistance with your order, please contact us at support@secondhandcell.com.