Terms of Service
Terms of Sale Agreement
Plant Your Phone.org offers individuals the opportunity to recycle their used electronics in return for payment and the planting of trees in his or her name. In order to use Plant Your Phone’s services, you must abide by the following terms.
BY GETTING A QUOTE FOR YOUR PHONE THROUGH PLANT YOUR PHONE’S WEB SITES, YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS.
- About These Terms. The following terms govern any offer that you make to sell, donate or recycle your electronic through Plant Your Phone. You acknowledge that this Agreement is in electronic form and has the same force and effect as a written agreement.Throughout this agreement, the terms “you” or “your” are used to mean an individual or entity operating within the confines of this Agreement, and the terms “Plant Your Phone”, “we”, or “us” are used to mean Plant Your Phone and its affiliates and subsidiaries.
- Requirements. In order to complete the sale, recycling, or donation of your electronic to or through Plant Your Phone or complete any other transaction with us, you must; (1) Provide accurate, current, and true information about yourself and the electronic you are offering to sell, recycle or donate. (2) Comply with the terms and conditions of this agreement. (3) Comply with all applicable laws and regulations, including import and export laws in your respective area. (4) Transact on behalf of yourself and not on behalf of others. (5) Have the legal capacity to enter into agreements and to convey title and interest in any electronic that you send to us. In order to receive payments for any electronics we purchase from you, you must provide us with valid 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. Additionally, PayPal transactions require accurate PayPal account information. You understand and agree that if you fail to provide us with accurate and current information about yourself we will not be responsible for any misapplied payments or payments sent to a wrong address, and that any unclaimed funds may be subject to collections 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. While Plant Your Phone works to provide a quote on each electronic you wish to sell, donate, or recycle, we determine which electronics are eligible for purchase. Additionally, we may terminate the eligibility of any device for any reason, however non-expired quotes will continue to be valid until the time of their expiration.
- Conditions Defined. Plant Your Phone uses three device conditions to measure the amount of damage or wear inherent in electronics ranging from “Broken” to “Flawless”. The following explain the differences between our condition definitions.Broken: Device cannot be turned on or has severe physical damage. Broken devices include those with cracked, or broken screens, but cannot be missing major parts or include only parts of a device. Any device with cracks, dents, heavy scratching or broken parts is considered to be broken.Good: A good device can be turned on and has few, if any scratches. Good devices show very little sign of use and do not contain any cracks, dents, missing parts or major scratching.Excellent: An excellent phone is new, or shows no signs of use. Phones in excellent condition contain no scratching or signs of wear, and are perfectly functioning.
- Device Valuation and Recycling. All quotes will be based on our own determination of the Device value in reliance on the accuracy of the information you supply us. We will use its discretion to determine the device value, weighing factors that may include the device’s model, functionality and condition. Upon receiving a quote, you have the option of accepting or rejecting that quote. Acceptance indicates you are willing to provide your Device to Plant Your Phone at the quoted price. If we determine that the device has no nominal value, we may provide you a quote of $0. If you decide to continue and accept a quote of $0, you will send to Plant Your Phone and it will be accepted for recycling. If you do not accept Plant Your Phone’s quote, the specific transaction expires. If after rejecting the quote you change your mind and want to accept the quote, you will need to open another transaction with us at which point the quote may be different.
- Fitness for Sale. You must own the right, title, and interest in any and all Devices you seek to sell, donate or recycle to us. The Devices and the sale and shipment of such items to Plant Your Phone: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws, (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 Plant Your Phone Services, you agree to indemnify Plant Your Phone from all claims or losses sustained by Plant Your Phone as a result of any breach of this warranty.
- Sending Plant Your Phone Your Device. When packaging your Device, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your electronic device (e.g., memory cards).. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the quote 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 recalculated quote.
- Removing Data From Your Device. For 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. Our standard practice is to remove all such data from your device, and we guarantee that all devices will be reset to factory settings. By sending us 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 Plant Your Phone, or for such data’s security, integrity, confidentiality, disclosure or use. We are, however, is not responsible for any loss of data after you submitted your device to us.
- Device Inspection; Quote Recalculation. Your Device must be received by Plant Your Phone within thirty (14) days after you accept the original quote by Plant Your Phone (the “Delivery Period”). Packing and shipping recommendations provided to you by Plant Your Phone should be followed in order to avoid possible damage to or loss of the Device in transit. All Devices that are received will be inspected by Plant Your Phone. Plant Your Phone 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. Plant Your Phone reserves the right to recalculate the original quote for the Device if: (a) the Device and/or materials are not as described, and/or (b) the Device is received by Plant Your Phone after the Delivery Period. In the event Plant Your Phone recalculates the quote, you shall have the option of accepting or rejecting the new quote. If you accept the new quote, you will be paid in normal course and in accordance with these service terms. If you reject the new quote, Plant Your Phone will return the Device to you at the address from which it was originally sent. Plant Your Phone will give you a period of five (5) days after Plant Your Phone presents you with a recalculated quote to accept or reject the new quote (the “New Quote Period”). Plant Your Phone will also remind you of the outstanding new quote one or more times during the New Quote Period. However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote in normal course and in accordance with these service terms. For avoidance of doubt, your acceptance of the original quote and/or any new quote is final and you may not change your mind later about accepting such quotes.
- Releasing Rights to Device. Once you send Plant Your Phone your Device, Plant Your Phone 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 Plant Your Phone rejects the Device or you do not accept any new quote for the Device, 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 Plant Your Phone. You are responsible for any damages that may occur to your Device while in transit. Plant Your Phone is responsible for risk-of-loss when it opens the packaging containing your Device and ceases in the event Plant Your Phone returns your device to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once Plant Your Phone delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
- Passing of Title. Title to the applicable Device passes to Plant Your Phone upon Plant Your Phone’s acceptance of the Device for the original quote or the new quote, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
- Non-Transferable. Any quote by Plant Your Phone for your Device is non-transferable and not redeemable for any other consideration other than what is quoted by Plant Your Phone.
- Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Device without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey your Device to Plant Your Phone, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Plant Your Phone for recycling, donation or for sale, any Devices that would violate these provisions.
- Promotions. From time to time, and at Plant Your Phone’s sole discretion, Plant Your Phone 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. Plant Your Phone reserves the right, in its sole discretion, to cancel or refuse promotions.
- Accuracy of all Information. Plant Your Phone 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, Plant Your Phone reserves the right, at any time prior to payment, to: (a) Correct an error; (b) Change the quote. In the event the Device has already been sent to Plant Your Phone, the changed quote will become a New Quote. Otherwise, the changed quote will be a re-issued original quote, which you may accept or reject; (c) Void a transaction. If the Device was already sent to Plant Your Phone, Plant Your Phone will be deemed to have rejected the Device resulting in a Return Circumstance.
- Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell, donate, or recycle your Device by electronic means. You authorize Plant Your Phone to provide you with terms and important notices about Plant Your Phone and your transactions to an email address you provide to us or by posting notices on an applicable page on www.PlantYourPhone.org. It is your duty to keep your email address 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 Website. You can retrieve and review the Agreement by clicking on the “Legal” link at www.PlantYourPhone.org.
- You are responsible for obtaining at your own expense all equipment and services needed to access and use the Plant Your Phone Websites and the Plant Your Phone Services, including all devices, Internet browsers and Internet access. If you access the Plant Your Phone Website and the Plant Your Phone 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.
- No Warranties. WE PROVIDE THE PLANT YOUR PHONE 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 PLANT YOUR PHONE WILL MEET YOUR REQUIREMENTS.
- Limited Liability. IN NO EVENT SHALL PLANT YOUR PHONE, 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 PLANT YOUR PHONE 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 Plant Your Phone, 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.
- Correction of Errors and Inaccuracies. The Plant Your Phone Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Plant Your Phone therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Plant Your Phone does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- Modification. Plant Your Phone reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Plant Your Phone Websites and/or the Plant Your Phone Services before the changes take effect. Your continued use of Plant Your Phone after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Device for sale, donation or recycling with Plant Your Phone, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.