CJ Direct DBA CellBeach (Hereinafter CellBeach) offers services (the "CellBeach Services") through which you can sell certain consumer electronic devices (the "Devices") after receiving an "offer" from CellBeach by identifying your Device and it’s condition and completing check-out on the CellBeach Websites. You must agree to abide by the following terms in order to use the CellBeach Services and/or the CellBeach Websites.
- About These Terms. These terms govern any offer that you receive to sell your Device to or through CellBeach. These terms, the terms that govern your use of CellBeach’s web sites ("CellBeach Websites"), the CellBeach Services and any and all applications included therein, which terms are located at https://www.CellBeach.com/terms, the terms of CellBeach’s privacy disclosures located at and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and CellBeach (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 or entity exercising rights under this Agreement, and the term "CellBeach," "we" or "us" means CellBeach and its affiliates and subsidiaries.
- Requirements. In order to complete the sale of your Device to or through CellBeach or to complete any other transaction with CellBeach, you must:
(i) Check out on our website(s);
(ii) Provide true, up to date and accurate account information about yourself and any Device you submit to us;
(iii) Comply with all terms and conditions of this Agreement;
(iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below;
(v) Transact on behalf of yourself and not on behalf of others; and
(vi) Have the legal capacity to enter into agreements and to convey title and interest in any Device that you submit to us.
In order to receive payments for any Devices we purchase from you, 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. CellBeach 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 CellBeach and CellBeach 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 payments or 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.
- Device Eligibility. CellBeach determines, in its sole discretion, which Devices are eligible for purchase by or through the CellBeach Services and for which eligible Devices CellBeach will provide an offer. CellBeach may terminate the eligibility of certain Devices at any time and without advanced notice, but such termination will not affect any Devices for which you have already accepted an offer, which is good for 14 days.
- You Device Condition Defined. CellBeach uses five (5) basic Device conditions to grade Devices, ranging from "Mint" to "Dead”. If the device that you send us matches the description you checked and were quoted, CellBeach will pay you that amount. NOTE: We do a thorough inspection of every device we receive and we will verify that your description was an accurate depiction of your device. If for any reason we determine your device’s quality was less than the quality you were quoted you will be contacted via email and given a lower valuation quote. We do all we can to give you the maximum dollar amount for your device and highly value your business. At CellBeach we look at the long term and our goal is to make you, and anyone you refer to us, lifelong customers of CellBeach. In light of this business philosophy, we will treat you as fair as possible on any re-valuation.
- Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Devices you seek to sell to CellBeach. The Devices and the sale and shipment of such items to CellBeach: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (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 Devices are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the CellBeach Services, you agree to indemnify CellBeach from all claims or losses sustained by CellBeach as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Device prior to selling it to CellBeach. CellBeach is not responsible for any service charges related to your Device, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Device.
- Sending CellBeach Your Device. When packaging your Device, be sure to include all materials included in your description when we calculated your offer. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a Device which does not match your original description, may impact the final value of your Device and may result in a revised offer.
- Removing Data From Your Device. For Devices 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 Device and remove any personal information before you send your Device to us. CellBeach’s standard practice is to remove all such data from your Device; however, CellBeach makes no guarantee that it will do so. By sending CellBeach your Device, you agree to release us from any claim as to the Device, the data stored in such Device, or any information on any media used in conjunction with the Device and which you send to CellBeach, or for such data's security, integrity, confidentiality, disclosure or use. CellBeach 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 your Device to us.
- Device Inspection; Offer Recalculation. Your Device must be received by CellBeach within fourteen (14) days after you complete the check-out process on the CellBeach Website (the "Delivery Period") or the offer shall automatically expire and your device will be subject to current pricing. Packing and shipping recommendations provided to you by CellBeach should be followed in order to avoid possible damage to or loss of the Device in transit. CellBeach will inspect all Devices that are received. CellBeach has the option to accept or reject the Device, including without limitation, to reject any Device not conforming to the description you provided to us, any Device modified in such a way that it no longer conforms to the original factory specifications, any Device no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Device damaged or lost in transit. If CellBeach rejects the Device for any of these reasons, the original offer automatically expires and is rescinded. CellBeach reserves the right to revoke the original offer and provide a revised offer for the Device if: (a) the Device and/or materials are not as described, (b) the Device is received by CellBeach after the Delivery Period, and/or (c) CellBeach receives Device(s) that are different from those identified when your offer was calculated.
- Recalculated Device Offers after Inspection. In the event CellBeach recalculates the offer it provided for the Device after it has been received and inspected, as described above, you will receive an email with the new offer. 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, CellBeach will return the Device to you at the address from which it was originally sent. CellBeach will give you a period of 48 hours from the date and time of the new offer email CellBeach presents you to accept or reject the new offer (the "New Offer Period"). If the new offer is neither affirmatively accepted nor rejected by you at the end of the 48 hour 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.
- Releasing Rights to Device. Once you send CellBeach your Device, CellBeach cannot and does not guarantee that it will be able to honor any request for return of the Device and/or any data or information contained in such Device. Of course, if CellBeach rejects the Device or you do not accept any new offer for the Device pursuant to Passing of Title below, your Device will be returned to you.
- Risk-Of- Loss. You remain responsible for the risk-of- loss for the Devices until delivery of the same to CellBeach. You are responsible for any damages that may occur to your Device while in transit. CellBeach is responsible for risk-of- loss after delivery; when it opens the packaging containing your Device and ceases in the event CellBeach returns your device to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once CellBeach delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Device is in transit.
- Passing of Title. Title to the applicable Device passes to CellBeach upon CellBeach’s acceptance of the Device for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
- Non-Transferable. Any offer by CellBeach for your Device is non- transferable and not redeemable for any other consideration other than what is offered by CellBeach.
- Promotions. From time to time, and at CellBeach's sole discretion, CellBeach may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Device, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. CellBeach reserves the right, in its sole discretion, to cancel or refuse promotions.
- Accuracy of all Information. CellBeach makes every effort to ensure the accuracy of all information you receive in relation to your Device. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, CellBeach reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer. In the event the Device has already been sent to CellBeach, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Device was already sent to CellBeach, CellBeach will be deemed to have rejected the Device resulting in a Return Circumstance subject to Section 11.
- Privacy. We view protection of users' privacy as a very important community principle. When you use the CellBeach Web Sites and the CellBeach Services, we collect information about you. We will never sell or disclose any information that you provide us.
- Electronic Notices and Transactions.
You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Device by electronic means. You authorize CellBeach to provide you with terms and important notices about CellBeach and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.CellBeach.com. 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 CellBeach Websites.
- Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the CellBeach Websites and the CellBeach Services, including all devices, Internet browsers and Internet access. If you access the CellBeach Website and the CellBeach Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
- Use of Services. By using CellBeach Websites, you agree not to (i) 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 CellBeach; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the CellBeach Websites.
- No Warranties. WE PROVIDE THE CELLBEACH SERVICES AND WEBSITES "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. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH CELLBEACH WILL MEET YOUR REQUIREMENTS.
- Limited Liability. IN NO EVENT SHALL CELLBEACH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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 CELLBEACH UNDER THIS AGREEMENT.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
- Indemnity. You agree to indemnify, defend, and hold harmless CellBeach, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors 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 (or anyone using your account’s) 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.
- Entire Agreement/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. No waiver by CellBeach of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
- Correction of Errors and Inaccuracies. The CellBeach Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. CellBeach therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. CellBeach does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- Modification. CellBeach reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the CellBeach Websites and/or the CellBeach Services. Your continued use of any CellBeach Website and/or CellBeach Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Device for sale to CellBeach, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the CellBeach Websites and/or the CellBeach Websites. The Agreement is and will be located at https://www.CellBeach.com/ main/service_terms. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
- Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR DEVICE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS 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 INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS, 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. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.