The following terms and conditions shall govern your rights and obligations as a participant in the trade-in program (the “Program”) of Phobio, LLC, a Georgia limited liability company, and its related entities and affiliates (collectively, referred to as “Phobio”). By participating in the Program, you expressly agree to the terms and conditions set forth below (the “Agreement”).
Ownership and Authority to Trade-In
You represent and warrant that you are at least 18 years of age and the sole and rightful owner of the Device bearing the specifications, serial number, and model number which you have offered for trade-in (the "Device"). You further represent and warrant that:
(1) you have the power and authority to enter into this agreement;
(2) you have full authority to sell or otherwise dispose of the Device;
(3) the Device(s) is (are) not counterfeit, stolen or fraudulent;
(4) the Device(s) does (do) not violate any law, statute, ordinance, or regulation.
Deactivation and Personal Data
You agree to deactivate all services to your Device and remove any and all codes (including without limitation removing user locks, passwords, and/or turn off/deactivating the “Find My Device” feature) that may prevent Phobio from having the ability to use, recycle, resell or dispose of the Device. In addition, you acknowledge that it is your sole responsibility to remove all personal data (e.g., files, photos, videos, music, etc.) from the Device. You agree that Phobio is not responsible for the loss or destruction of the hardware, software, files, or media containing any personal data left on or in the Device. All devices will be erased of customer data during the inspection process. You understand and agree that you will not be able to recover any data or files stored within the Device.
Accuracy of Information
You agree that all information you provide about the Device for trade-in, as well as information you have or will provide about yourself, is true, accurate, and complete.
Prompt Shipment
You agree to ship the Device to the address provided so that it arrives within TRADE QUOTE DURATION (noted above as 21 days) of accepting the estimate. If the Device is not received within the TRADE QUOTE DURATION of the TRADE DATE, then Phobio has the right to revise or withdraw the estimate for the trade-in of the Device.
Shipping
Phobio provides shipping materials for all accepted quotes. When packing your Device, be sure to include all materials you told us about when we calculated your quote. Failure to include any items you told us about when the quote was calculated, or sending us a Device that does not match your original description, may impact the final value of your Device and may result in a recalculated quote. Any Device that is materially damaged or that does not match the Device on the trade-in quote may be returned to you or recycled by Phobio. Any other Device not accepted by Phobio may be returned to you or recycled by Phobio.
Inspection
All devices are inspected upon receipt by Phobio. Phobio has the option to accept or deny a device. There may be instances when Phobio recalculates the original quote for the Device. If the Device is as described, with all materials described, and sent to Phobio in a timely manner (within the TRADE QUOTE DURATION), Phobio will honor the quote made for your Device and queue your trade for payment processing. Packing and shipping recommendations must be followed in order to avoid possible damage or loss. In the event Phobio recalculates the quote, you shall have the option of accepting or rejecting the new quote. Phobio will give you a set ADJUSTED TRADE QUARANTINE duration (noted above as 14 days), from the day Phobio recalculates the quote, to accept or reject the new quote. If you choose to accept the new quote, your trade will be immediately queued for processing payment. If you do not indicate acceptance or rejection of the new quote within the ADJUSTED TRADE QUARANTINE, the new quote will be automatically declined. If you choose to reject the new quote, Phobio will return the Device to you at the address from which it was originally sent.
Device Returns
Once a revised offer has been rejected or declined, Phobio will ship the device back to the customer’s address on file free of charge. For security reasons, that device will have all data erased from it before its return, and that device and its unique serial number may not be submitted again for trade or trade value quote through this program.
Transfer of Ownership
Upon receipt and acceptance of the Device by Phobio, you hereby agree to transfer all rights to and title in the Device to Phobio, in exchange for the trade-in value quoted to you.
Final Transaction
You acknowledge and agree that the trade-in transaction is final and cannot be canceled or rescinded by you after your Device is received by Phobio, unless Phobio contacts you to provide notification that your description of the Device was inconsistent with Phobio’s evaluation of your Device and the quote.
Payment – Customer selected eGift card issued by Ncentiva
Customers are given the option to select their preferred eGift card payment method through pre-approved choices as provided by Ncentiva. The eGift cards will be issued virtually via email by Ncentiva. Terms and conditions apply. See www.ncentiva.com for more details.
Other Terms and Conditions
Phobio reserves the right to takes steps Phobio believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Phobio’s right to cooperate with any legal process relating to your use of the trade-in program, and/or a third-party claim that your Device is unlawful and/or infringes such third party's rights). You agree that Phobio has the right, without liability to you, to disclose any Device registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Phobio believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
Release of Liability
To the extent permitted by applicable law, you hereby release Phobio from and against any liability arising out of or related to the transfer of the Device, including but not limited to any liability related to the shipment of the Device, the deletion or non-deletion of any data or files from the Device, the evaluation and assessment of the Device (and the corresponding trade-in valuation) made by Phobio, and the non-availability of the Device after it has been received by Phobio.
