1. Scope and definitions
1.1. These general terms and conditions (“T&C”) apply to sales agreements of electronic devices concluded between you as a seller and us (Foxway OÜ; registered address Killustiku põik 1, Tartu county, 60534 Estonia) as a buyer.
1.2. The T&C shall be exclusively applicable to all contracts concluded with us in the version valid at the time the contract is concluded.
1.3. We provide you an opportunity to sell us used electronic devices under the terms of this T&C. Exact products that can be sold to us are brought out and their purchase prices are calculated online at our webpage.
2. Preliminary purchase price, purchase offer by you
2.1. If you wish to sell electronic devices to us, you must make a purchase offer to us by specifying all devices you wish to sell to us, all parameters of these products and all information required at the online store. You must provide us truthful information about the type, condition, functionality, and accessories of respective devices.
2.2. Based on the information provided by you, an estimated purchase price for your device shall be calculated and displayed to you online. By submitting your purchase offer to us online and by sending devices subject to the offer to us as per clause 3 of the T&C, you make a binding purchase offer of these devices to us in the price that has been indicated to you online. We are not obligated to accept your purchase offer and are entitled to reject it at any time without reason.
2.3. The purchase price of a device is subject to the actual condition of the device and the preliminary purchase price is calculated according to your online answers about the condition of the device. This preliminary purchase price is subject to change taking into account the actual condition of the device and grading done by us as per clause 4 of the T&C.
3.1. In order for us to check the devices and determine whether your evaluation about the condition of the devices is correct, you must send your devices subject to your purchase offer to us. We will provide a shipping label to your e-mail address that you must use to send your device to use via post services. Please pack your device according to the guidelines provided in the e-mail we send you using the original manufacturer’s package or an equivalent package to ensure safe shipping of the device. Sending your device to us is free of charge for you.
3.2. The risk of accidental loss or damage of the device transfers to us after you have handed the package over to the carrier and you have packaged the device according to the packing instructions. In case you don’t follow the packing instructions provided by us or you don’t package the device correctly, the risk of accidental loss or damage of the device transfers to us when we receive the device from the carrier.
3.3. Devices must be sent to us within 14 days as of the date you register your purchase offer online. In case you send your devices to us after 14 days as of the date you register your purchase offer online, we have a right to re-evaluate the purchase price of the devices as per clause 4 of the T&C.
4. Purchase price and the conclusion of the sales contract
4.1. After we have received the devices, we will check whether your shipment contains all the devices subject to your purchase offer and we will evaluate their conditions.
4.2. In case your evaluation of devices and preliminary purchase price thereof corresponds or is lower than our evaluation of the device, we will accept your purchase offer and the sales contract between us is deemed concluded. We will inform you of the acceptance by e-mail.
4.3. In case your evaluation is higher than the actual value of devices as evaluated by us, we will contact you via e-mail, inform you of the reasons why the actual value of these devices is lower than as per your evaluation, and we will make you a purchase offer for a new price that corresponds to the actual value of the device as evaluated by us. You have 7 days to accept our new purchase offer. If you accept our purchase offer, the contract between us is deemed concluded. If you decline our new purchase offer or do not answer our new purchase offer within 7 days as of receipt of the new purchase offer, we will send the device back to you at our costs.
4.4. In case you have sent us devices later than 14 days as of registering your purchase online as per clause 3 of the T&C, we have the right to re-evaluate the device regardless of whether your initial evaluation corresponds to our evaluation. In this case we will make you a purchase offer in accordance with clause 4.3 of the T&C.
4.5. If we find that one or more devices you have offered us in your initial purchase offer are missing, we will inform you of this fact by e-mail after we have received your shipment. If you let us know that you no longer wish to sell us the missing devices or you do not respond to our notification and we do not receive missing devices within 7 days as of sending you the notification, your original purchase offer in relation to missing devices expires. If you wish to offer us these devices later, you must make us a new purchase offer in accordance with clause 2 of the T&C.
4.6. If your shipment to us contains a device that you have not registered in the purchase offer in accordance with clause 2 of the T&C we will send the device back to you.
5.1. The payment of the agreed purchase price is made to you via a bank transfer to a bank account specified by you online.
5.2. We will make the payment to you in 5 days as of accepting your purchase offer in accordance with clause 4.2 of the T&C or as of your acceptance of our purchase offer in accordance with clause 4.3 of the T&C.
6. Seller warranties
6.1. You warrant that:
6.1.1. all devices you offer to sell to us are lawfully owned by you or these devices are owned by a third party who has expressly authorized you to sell and transfer the ownership of the device;
6.1.2. to the best of your knowledge and belief, you are not aware of any reasons that would reasonably allow the assumption that the device you are offering has been, is or could be the subject of a criminal offense, in particular fraud, theft and/or another property crime;
6.1.3. to the best of your knowledge and belief, you are not aware of any reasons or suspicions, for example based on the origin of the device or based on the price you originally paid when purchasing it, which justify the assumption that the device is not genuine, i.e. a (brand) counterfeit and/or constitutes copyright infringement and thus infringes the rights of a trademark owner and/or author;
6.1.4. your offer to us does not violate any other rights of third parties;
6.1.5. your device description is accurate and complete and not misleading;
6.1.6. you do not conceal any obvious and/or hidden defects in the device from us.
6.2. We reserve the right to request evidence (e.g. a copy of the purchase receipt) if we have any doubts about the ownership or the origin of the device.
6.3. You undertake to indemnify us from all third-party claims that arise from breaches of your warranties of clause 6.1 of the T&C in relation to devices subject to your offer and the sales contract concluded between us. You also undertake to compensate us for any damages, including reasonable costs from legal defense, which will incur to us as a result of these claims by third parties.
7.1. In order to process the purchase of your device, we need to process your personal data (e.g., name, address, bank account details, e-mail address). We process your data only in the extent necessary to comply with our obligations and to provide you the services described in this T&C.
7.2. You are obliged to provide us correct data and to update relevant information immediately.
7.3. You are responsible for securing and deleting all data from devices before sending them to us. In case devices sent to us contain any data, we will do our best to delete this data while evaluating the devices in accordance with clause 4 of the T&C. We do not assume any responsibility for data not being properly deleted from the devices and for the loss of data in the devices.
8. Final provisions
8.1. We shall be liable without limitation for damages caused by us only in case of gross negligence from our part.
8.2. We do not recognize any general terms and conditions of our contractual partners that conflict with or deviate from these T&C unless their validity has been expressly agreed to in writing. This T&C shall also apply if we execute the contract without reservation in the knowledge of conflicting or deviating conditions.
8.3. In case a third party subsidizes the sales transaction between us (for example if our partner pays an additional sum to you for the device in cash or by issuing you a gift card), the purchase price of the device in the contractual relationship between us shall be the price of the device based on our evaluation as per clause 4 of the T&C. However, in case the sales contract of a device concluded between us is terminated for any reason, you must note that you may be obligated to pay the third party sums paid by the third party for the device.
8.4. Laws of the Republic of Estonia and the jurisdictions of Estonian courts apply to the contract concluded between you and us. The applicability of mandatory norms of the state in which you have your habitual residence when the contract is concluded remains unaffected by this choice of law.
9. VAT regulation
9.1. If you are a VAT registered customer, the transaction is considered an intra-community acquisition of goods, since the devices you are selling to us are transported to Estonia.
9.2. VAT registered customers can issue us an invoice for the value of the voucher/gift card as per clauses 4.2 and 4.3 of the T&C to our e-mail address at: email@example.com. The invoice shall include your name, address and VAT number. The invoice must state that the invoice has been paid and a reference to Article 138 of the Council Directive 2006/112/EC. We accept only reverse charge zero-rated invoices.
9.3. Upon request to our e-mail address at: firstname.lastname@example.org we will provide proof of transport.