Terms & Conditions
Website User Agreement Effective Date: December 6, 2013 Welcome to wikiwoo.com’s Website User Agreement. You may use the services of wikiwoo.com (“The Website”) upon condition of agreeing to the following terms. BY USING THE WEBSITE AND OUR SERVICES YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS:
Our Website and Services allow users to sell, donate, and recycle, certain electronic devices as listed on the Website. Items available to sell include, but are not limited to the following: Cellular phones, Computers, Tablets, and MP3 Players. You agree that any transaction performed by you through our services is governed by the terms of this agreement. WikiWoo reserves the right to make any changes to our services at any time without prior notice, and without liability to you, the “user.”
2) Representations and Warranties
The Seller represents and warrants the following: (a) the Seller is not under the age of eighteen and is legally capable of entering into a contract; (b) the items and the rights granted under this Agreement do not infringe the proprietary rights, including, without limitation, copyrights, patents domain names, trademark rights or any other intellectual property rights, of any third party; (c) all information provided to us through the use of our services is true and accurate; (d) the items are not illegal items or prohibited by law from being sold or recycled; (e) the device you intend to sell is rightfully owned by you and free and clear of all liens and/or hindrances to the sale of said device; (f) the Seller also represents and warrants that the description of the items are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
All logos and trademarks on this website that are the property of WikiWoo, LLC, are not permitted to be copied, manipulated, or used by any user without the express permission of WikiWoo LLC.
WikiWoo offers two types of payments for your electronic device (Check or Paypal). We will issue payment for the full, agreed upon amount for the items sold to us in so far as the items match the description of the original quote (Broken Items are not sold as Working, Good items are not sold as Perfect, etc.). Once we receive the item, payment is typically received within 7 days. Inspection of your item typically takes 1 to 2 days depending upon the volume of business traffic our services are receiving at that time. Payment transit time is typically 3-5 days. WikiWoo is not liable for delays in transit times that are caused by the shipping service that is used (USPS, Fedex, UPS, etc.). WikiWoo purchases many broken items. The definition for a broken item is provided on the website. If your item has extreme and unusual damage or if your item is missing significant pieces ( The entire screen is missing, the hard drive is missing, etc.), the true value of your device may be less than the broken price quote. The value of the device is also decreased when an item has been obviously tampered with. Attempted repairs that have not been successful and have caused further damage to the item are worth less than the broken price listed through the services. Pricing is subject to change. We reserve the right to send a counter offer for any item we receive. We have a team of professionals who carefully and cautiously inspect every item that has been delivered to us. If your item does not match the description of the quote price we may issue you a counter offer for your item. You are in no way obligated to agree to the counter offer. If you do not wish to sell your item at the new price then we will gladly ship the item back to you at no cost. All shipping costs are covered by WikiWoo. We do not want to place any additional burdens on our customers. We may offer different methods of payment from time to time. The method of payment will be made in accordance with the Seller’s selection.
6) Length of Price Offer and Validity of Quote
WikiWoo guarantees the price of your quote for 30 days upon receipt of the quote. Quotes must be received in person or through electronic communication, viewing them on our website without opening an account and an order does not constitute as a quote and the price is subject to change at any time. If you receive a quote and we do not receive your item/s within 30 days then you will be paid the current price and value for the item/s and not the quoted price. Quotes may vary from our physical store locations. Online quotes are not valid and may not be used at our physical locations.
7) Final Sale
The Seller agrees that the sale and transfer of the title of ownership of the item/s is immediately final and complete upon receipt of payment for said item/s. Neither the item/s nor any data stored thereon can be returned to the Seller after the payment has been so delivered to the Seller. The risk of loss for the payment pass to the Seller upon such delivery of the payment. WikiWoo is not responsible for any lost or stolen payments.
8) Lost and Damaged mail
WikiWoo not only pays for shipping and delivery of your device, but we also insure the value of devices sent to us and items delivered by us. We will insure items delivered to us and items delivered by us with the following exceptions: (a) if the item being delivered to us was never scanned in by the shipping service, WikiWoo is not responsible if said item is lost or stolen in transit as there is no conclusive evidence that the item was ever in fact shipped; (b) if the item being delivered to us is insufficiently or poorly packaged WikiWoo is not responsible for the loss of or damage incurred to the item in transit. If you are unsure of how to package an item, please visit your closest shipping location, or refer to our help page for directions on how to properly package your item; (c) if an item is delivered to us and it does not match the description in the quote (if you sold us a working item, but it was determined to be broken upon inspection), and you do not wish to accept the counteroffer price, then we will gladly ship the item back to you at no cost. In such cases, we only insure the value of the newer and more accurate quote; (d) if an item is successfully delivered to you and there is tracking information to validate its arrival, WikiWoo is not responsible if said item is stolen or lost when electronic data indicates that it was delivered to the appropriate address.
9) Electronic Contact and Communication
You grant permission to WikiWoo to contact you electronically, including via cellular phone and/or email when deemed necessary by WikiWoo, LLC. All communication is for the purpose of better serving our users and is in no way intended to be a nuisance or spam. Types of electronic communication may include newsletters, updates, new offers and features, order status updates, surveys, etc. Important information will be communicated to you through electronic communication. Users are responsible to maintain up to date email addresses and contact information and to ensure that our correspondence is not blocked by any filters or blocking software.
10) Personal Data
We take great measures to ensure that every device received through our services is restored back to factory settings and that all personal information and data is permanently erased from any device we receive. Though we do take extraordinary steps to ensure the removal of all customer data, it is the responsibility of users of our services to erase all data and information from their device prior to using our services. By the Seller releasing title of the item/s to WikiWoo, the Seller agrees to release the WikiWoo from any claim as to the item/s, the data stored in such item/s, or any data on any media or other accessories used in conjunction with the item/s, or for such data's security, integrity, confidentiality, disclosure or use. WikiWoo is not responsible for any loss suffered by the Seller due to any data that is not erased or removed from the item/s.
11) Warranty Disclaimer
WikiWoo, its officers, managers, employees, and suppliers provide their services "as is" and without any warranty, condition or representation as to our Services, of any kind, express, implied or statutory. WikiWoo, its officers, managers, employees, and suppliers specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the aforementioned disclaimer may not apply to the Seller in such states.
12) Breach of Contract
WikiWoo reserves the right to and may immediately terminate the Services, and refuse to provide future Services to the user if: (a) the Seller is in anyway not compliant with the terms of this Agreement; (b) WikiWoo determines that the Seller may be involved in behavior that could be potentially fraudulent, illegal, financially harmful to the Seller or to WikiWoo, LLC, its affiliates and clients, or behavior that may potentially not be compliant with this Agreement.
You agree to indemnify, release, defend, and hold harmless WikiWoo, LLC, its subsidiaries, officers, employees, agents, vendors, distributors, directors, and representatives from and against all claims, liabilities, damages, losses, expenses, or fees, including reasonable legal fees, that may incur as a result of your, or any user using your account’s, violation or breach of any of the terms of this agreement.
14) Term of User Agreement
This Agreement is made effective on the date set forth in the Customer Receipt and unless terminated earlier in accordance with the terms of this Agreement, the Term of this Agreement will continue until all the Services conducted by WikiWoo for the item/s are complete in accordance with this Agreement. This Agreement may be terminated WikiWoo without notice for any reason or no reason, at any time.
15) Survival of Certain Terms
The following Sections will survive the termination of this Agreement for any reason: 2 (Representations and Warranties), 3 (Privacy), 4 (Ownership), 5 (Payment), 7 (Final Sale), 8 (Lost and Damaged Mail), 9 (Electronic Contact and Communication), 10 (Personal Data), 11 (Warranty Disclaimer), 12 (Breach), 13 (Indemnity), 15 (Survival of Certain Terms), 16 (Resolution of Disputes), and 17 (Miscellaneous). All other rights and obligations of the parties will cease upon termination of this Agreement.
16) Resolution of Disputes
The Seller should direct correspondence regarding any complaint to the Company at email@example.com. WikiWoo operates with the strictest professional and ethical conduct and is happy to handle any customer disputes in a manner that is reasonable and that serves the purpose of caring for our customers.
The Seller and WikiWoo, LLC agree that this Agreement will be governed in all respects by the laws of the United States of America and the Commonwealth of Kentucky, and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Your irrevocably consent and waive all objection to personal jurisdiction and venue in the state and federal courts located in Jefferson County, Kentucky, USA, and you shall not commence or prosecute any suit or action except in the foregoing courts. Last Updated: December 6, 2013