Terms Of Service

1. SCOPE AND DESCRIPTION OF SERVICES

1.1 These general terms and conditions (hereinafter: “GTC”) provide the exclusive basis for all legal relationships between you as a customer and us, the

Accspert

Klybeckstrasse 80

4057 Basel

represent.

1.2 For all contracts concluded with us, these GTC apply exclusively in the version valid at the time the contract was concluded. You can save and print them here free of charge at any time.

1.3 We enable you to offer us one or several devices for purchase at the same time, ie a transaction can also include several devices offered by you. If we purchase your device, the value of your device (hereinafter: “residual value”) agreed in the course of the purchase process will be transferred to you.

2. CONCLUSION OF CONTRACT, PURCHASE AND RESIDUAL VALUE

2.1 You indicate which device you would like to offer us for purchase. You must provide information on the type, condition and accessories of the respective device in accordance with our requirements. On the basis of this information, a presumable value for your device is calculated and displayed (hereinafter: “preliminary purchase value”). By submitting your offer to purchase your device by us and sending the device that you would like to sell to us, you are submitting a binding offer to purchase your device at the provisional purchase value as the minimum purchase value (hereinafter: “purchase offer”). We are not obliged to accept your purchase offer and are entitled to reject it at any time without any reason.

2.2 So that we can check your device and its residual value, send the device to us at your own expense. .

2.3 If a device contained in your purchase offer is not received by us within fourteen days of the price calculation and creation of the purchase offer by you, the provisional purchase price calculated by us for this device expires at the end of the fifteenth day after the price calculation and submission of the purchase offer by you. In this case, you have to re-calculate the price for your device in accordance with Section 2.1 above and, in the course of this, also submit a new purchase offer.

2.4 After we have received your device, we will check whether your shipment contains all the devices included in your purchase offer and send you an email confirming receipt of your shipment. This email does not yet represent an acceptance of your purchase offer.

2.5 If you have offered us several devices for sale and should we discover that one or more of the devices contained in your purchase offer are missing, we will inform you of this by email after we have received your shipment (hereinafter “notification of receipt”). Should you notify us in response to our notification of receipt that you no longer want to sell the devices that have not been sent to us or if you do not respond to our notification of receipt and the missing device is not received by you within seven days of receipt of the notification of receipt, it will expire Your original purchase offer for the missing device. If you want to offer this to us for purchase again at a later date, you must go through the purchase process again from the beginning in accordance with Section 2.1 above.

2.6 The residual value you receive for your device depends on whether and at what residual value we buy your device. There are three options:

a) Your device is worth as much as expected, ie its residual value corresponds to the provisional purchase value. In this case we will buy your device. We will confirm the purchase by email.

b) Your device is worth more than expected, ie its residual value is higher than the provisional purchase value. In this case, by submitting it for verification, you give your consent for us to purchase your device at the higher residual value. The amount that we have to pay you for your device increases. We will inform you of the purchase at the higher residual value by email.

c) Your device is worth less than expected, ie its residual value is below the provisional purchase value. In this case, we will inform you of the lower residual value and the reasons for it by e-mail and ask you whether you agree to us buying your device at this lower residual value (hereinafter referred to as “new purchase offer”). The amount to be transferred to you for your device is reduced. If you do not agree, your device will be returned to you at your own risk. We will insure your device at our expense with a coverage of EUR 500.00 to 2,500, depending on the value of your device. A return will also be made if you do not respond to our new purchase offer within 10 days.

2.7 If your shipment to us contains a device for which you have not obtained a preliminary purchase price in accordance with Section 2.1 and for which you have therefore not submitted a purchase offer to us before sending it (hereinafter: “Device without purchase price”), the device will be sent without a purchase price itself constitutes an invitation to submit a purchase offer. After we have received and discovered the device without a purchase price, we will check its value and, if we see an opportunity to purchase the device without a purchase price, send you a binding purchase offer. You can accept this offer within a period of 10 days. If you reject our offer within this period or do not respond to our offer, we will send you the device back to you at your own risk and expense, free of charge.

2.8 If we refrain from submitting a purchase offer for a device sent by you without a purchase price and if we also rate the device sent by you without a purchase price as worthless, we may offer you this device, which we consider worthless instead of a return, before returning it to dispose of for you free of charge. However, there is no obligation on our part to offer this free disposal. If you reject this offer or do not react to this offer for disposal within a period of 10 days, we will return the device to you at your own risk and expense at no purchase price, as regulated in section 2.7 above.

2.9 In addition to purchasing devices, we also offer recycling of worthless devices free of charge. To do this, select a device that we have declared as worthless and inform us that it will be sent. The transmission can also take place together with other devices that you would like to offer us for purchase in accordance with the above items 2.1 – 2.8. By sending us a device that we have declared worthless – and therefore only suitable for recycling – you are making an offer to us to dispose of the device free of charge. We are not obliged to accept this offer. Acceptance takes place tacitly through disposal, insofar as we waive the receipt of a declaration of acceptance or a corresponding notification by email.

3. CUSTOMER DATA

3.1 To process the purchase, we need your first name, your last name, your address and your bank details to pay the agreed purchase price.

3.2 The data must be given completely and correctly. If this data changes, you are obliged to update your details immediately.

4. PAYMENT

4.1 The payment of the agreed purchase price is made in accordance with the payment method you have chosen, either to the bank account you specified when you registered.

4.2 If we confirm your purchase offer in accordance with paragraphs 2.6 a) or b) above, i.e. if your device is worth as much or even more than expected, the instruction will be given by us within five working days after we have confirmed receipt of your device in writing by email to have. Please note that it can take longer than five working days for the payment to be received on your account due to the bank processing time that we cannot influence.

4.3 If your device is worth less than expected and the purchase value is therefore below the expected residual value, the purchase price can only be paid out if you have accepted our new purchase offer in accordance with Section 2.6 c). The same applies if you send us devices that were not included in your purchase offer and for which we first have to submit a purchase offer after checking. In this case, too, a payment can only be made once you have accepted our purchase offer.

4.4 If you announce the delivery of several devices with your purchase offer, or if you send us several devices in one shipment, even without prior notice, the purchase price of the individual devices will only be paid out together. For this, it is necessary that for each of the devices sent or included in your purchase offer but not sent to us, it has been clarified whether or not we will buy it in accordance with the above paragraphs 2.5 – 2.8. The total purchase price will then be paid out immediately.

4.5 Insofar as your cooperation is required in accordance with Clauses 2.5 – 2.8 and the above Clause 4.3 and Clause 4.4, usually by means of a statement by email or the acceptance of an offer made by us, you can accelerate the payment of the purchase price to you by sending your provide the necessary cooperation as quickly as possible.

5. SPECIAL OBLIGATIONS OF THE SELLER / PURCHASE RESTRICTIONS

5.1 You are responsible for all individual and personal characteristics and data, such as labels, names, telephone number entries, passwords, email addresses, addresses, photos, etc., which are applied and / or stored on and / or in the devices are to be removed before being sent to us. Information and data that you have not deleted or not completely deleted, we are entitled to remove them in our test and deletion process, which is common for every device, without being able to accept liability for them.

5.2 You as the seller are also obliged to remove all passwords from the device sent to us that make it impossible for us to test and / or resell the device. If removal is not technically possible for you, you must inform us of the passwords that you believe cannot be removed at the same time as sending the devices.

5.3 If there are any doubts about the origin of the devices, we are entitled to request purchase receipts or other receipts or additional declarations from you and to make the purchase dependent on the immediate submission of these receipts or declarations.

5.4 Insofar as we offer the purchase of certain devices at particularly attractive purchase prices as part of advertising and / or special campaigns (hereinafter referred to as “advertised devices”), the purchase of these advertised devices is limited to a number of three devices per household.

6. SELLER’S WARRANTIES

They guarantee that:

• Every device you offer is legally owned by you and you have unlimited rights to dispose of this device freely or is owned by a third party who has, however, expressly authorized you to sell and transfer this device ,

• 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 any other property offense,

• To the best of your knowledge and belief, you are not aware of any reasons or suspicions, for example due to the origin of the device or the price you originally paid when purchasing it, which justify the assumption that the device is not genuine, i.e. a (brand) fake and / or represents a copyright infringement and thus violates the rights of a trademark owner and / or copyright holder,

• Your offer to us does not infringe any other rights of third parties,

• your device description is correct and complete and not misleading,

• You do not conceal any known, open and / or hidden defects in the device from us.

7. LIABILITY

7.1 We have unlimited liability for damage caused intentionally or through gross negligence by us, our employees and vicarious agents, in the event of fraudulent concealment of defects, assuming a quality guarantee and for damage resulting from injury to life, limb or health.

7.2 We are only liable for other damages if an obligation is violated, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligation) and insofar as the damages are typical and foreseeable due to the contractual use of the services . Any liability under the Product Liability Act remains unaffected. Any liability on our part beyond the foregoing is excluded.

8. FINAL PROVISIONS

8.1 We do not recognize general terms and conditions of the contracting party that contradict or deviate from these General Terms and Conditions, unless their validity is expressly agreed in writing. These terms and conditions also apply if we execute the contract without reservation in the knowledge of conflicting or deviating conditions.

8.2 Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

8.3 The law of Switzerland applies to the exclusion of the UN Sales Convention (CISG). The applicability of mandatory standards of the country in which you have your habitual residence when the contract is concluded remains unaffected by this choice of law.

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