TessaB Device Purchase Policy
These Terms (“Terms”) apply to the tessab Device Purchase Programs, as applicable, and is an agreement between you and TessaB Corp (“tessab”). You should read these Terms carefully before participating in any tessab Device Purchase Program. By participating in tessab’s Device Purchase Program (“Device Purchase Program”), you accept, agree to and are bound by these Terms.
The transaction process offered through the Device Purchase Program by the tessab Platform requires the exchange of SMS messages between tessab and you. By Clicking “Agree and Continue” you expressly acknowledge the foregoing and expressly consent to receiving, from time to time, SMS (“text”) messages, including alerts, inquiries, and confirmation requests from tessab, concerning each transaction in connection with which you are using the Device Purchase Program on the tessab Platform.
1. Acceptance of Terms. These Terms are considered a contract between you and tessab and apply to offering of your Device (as defined below) for sale on the tessab Platform, and further in consideration of the mutual promises and such other good and valuable consideration. These Terms shall govern the proceeds you receive in connection with the sale of your Device on the tessab Platform. If you do not agree to these Terms, you will not be able to us the Device Purchase Program or offer your Device for sale on the tessab Platform.
2. Overview. Subject to these Terms and procedures set forth herein, you may offer to sell your Device to tessab to tessab or for cash to
non-tessab purchasers. The Device Purchase Program is only available online on tessab’s website at www.tessab.com. Any offer of purchase (whether by tessab of by other purchasers) is subject to your strict compliance with these terms and remains subject to tessab’s remote inspection and diagnostic testing that tessab will perform after you have submitted all required information. You and the Device you offer for sale on the tessab Platform must also meet all of the requirements as provided in these Terms, including the Device Eligibility Requirements in Section 6 below. You may incur additional charges or set offs against any Device purchase offer you accept if you do not ship your Device within the required time period, if your Device or fails to meet all of the Device Eligibility Requirements at time of shipment to any purchaser, or if you otherwise do not comply with these Terms.
To participate in the tessab Purchase Program, you must register and have an active tessab Account. Opening an account is free, but subject to the terms and conditions set forth in tessab’s User Agreement [https://tessab.com/User-Agreement]. Leased Devices are not eligible for participation in the Device Purchase Program unless and until you purchase the leased Device from your wireless service provider, which may incur additional fees and payments from you. To be clear, you may not participate in Device Purchase Program if you lease or otherwise do not own the Device. tessab will not responsible in any way for the sale of any leased Device offered for sale on the tessab Platform. If you offer and then sell a Device for sale on the tessab Platform that is currently under lease, you agree to be liable for all penalties, fees, and costs, including attorneys’ fees, incurred by any purchaser of that Device. You will remain responsible for all payments, penalties, fees and costs related to any leased Device that is sold on the tessab Platform in violation of your express agreement not to offer a leased Device for sale on the tessab Platform.
You may only have two Devices for sale per household outstanding at any given time. If you try to offer more than two Devices under the Device Purchase Program when you already have two (2) Devices that are offered, or for which delivery to the purchaser remains outstanding, tessab will suspend the offering of such additional Devices for sale on the tessab Platform until the first-in-time Devices offered for sale are delivered to and not returned for non-compliance by the first-in-time purchaser, at which time the next-in-time Devices may be offered for sale. After such additional purchase is processed and the corresponding Device is received and not returned for non-conformance with this Agreement, the next-in-line additional purchase will be processed, continuing in such manner until all additional purchases have been processed and all corresponding Devices have been delivered to and not returned by their respective purchasers.
3. Remove Your Data and Unlock Your Device. You MUST unlock and remove all data, including all confidential and personal data, from your Used Device before delivering it to any purchaser, including tessab. To do so, you should factory reset your Device according to manufacturer instructions. It is your sole responsibility to back-up any files or data from your Device that you wish to retain prior to performing a factory data reset and before shipping your Device to tessab or to a non-tessab purchaser. Refer to the email sent to you by tessab containing the instructions on how to ship your Device. In addition, make sure that you remove all accessories, chargers, covers, cases, locks, SIM cards and memory cards before sending the device to tessab or to a non-tessab purchaser.
Neither tessab nor any non-tessab purchaser accepts any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from your Device prior to shipment. You also agree that any Device you ship to tessab or to any non-tessab purchaser in connection with the Device Purchase Program may not be returned to you, and that any content cannot be recovered. Failure to strictly comply with these conditions may result in you receiving less than the Purchase Price, or nothing, for your Device.
4. Shipping Your Device. tessab will provide a shipping label and instructions to send your Device. You are responsible for ensuring your Device is not damaged during shipping to tessab or to any non-tessab purchaser. You must securely pack the device with adequate padding.
Neither tessab nor any non-tessab purchaser shall be responsible for Devices lost or damaged during shipment. If your Device is damaged in transit you may receive less than the Purchase Price, or nothing, for your Device. You must strictly follow the instructions tessab provides. If you lose or discard the shipping label, please contact us. Your Device must be shipped to tessab or to the non-tessab purchaser within three (3) business days after the date you accept a purchase offer for that Device. Devices shipped more than three (3) business days after the date you accept a purchase offer for that Device may result in you receiving less than the Purchase Price, or nothing, for your Device.
5. Title/Ownership. You represent and agree that you are authorized to sell your Device to tessab and that you have ownership, title and interest in any Device offered for sale on the tessab Platform through the Device Purchase Program. By shipping the tessab or to any non-tessab Purchaser, you agree to transfer title and ownership of the Device to tessab or to the non-tessab Purchaser. You disclaim any and all right, title or interest in and to Device, including the right to sell, dispose, or otherwise collect, where applicable, its value. You should ship only the Device to tessab or to the non-tessab Purchaser. Discard accessories you no longer need in accordance with your local trash and recycling regulations. The Purchase Price is offered on the Device only, and not any Device accessory or case.
6. Device Eligibility Requirements. Additionally, the offering of your Device on the tessab Platform is subject to the diagnostic test results tessab will remotely perform on your Device using tessab’s proprietary diagnostic software. All determinations of Device eligibility will be determined on the results of tessab’s remote diagnostic Device tests, and such results are final. In addition, you agree that:
- You will accurately represent the make, model and condition of your device when completing the tessab Quiz;
- tessab’s diagnostic results reflecting the make, model, and condition of your Device will be used to confirm the your tessab Quiz representations, and confirm the tessab Quiz quote.
- tessab’s diagnostic results will supersede any tessab Quiz representations. If tessab’s diagnostic results reflecting the make, model, and condition of your Device do not match that which you represented in the tessab Quiz, tessab reserves the right to make downward adjustments to the quote for your Device.
- Your Device must not be on a blacklist of any kind. tessab.com searches blacklist databases to determine if devices have been reported lost or stolen according to these third-party resources. If your Device appears on any such list, your Device will not be listed for sale on the tessab Platform;
- At the time sale, you must be the owner of the Device as leased devices are not eligible for sale or purchase through the Device Purchase Program on the tessab Platform;
- Any anti-theft locking software must be disabled on your Device;
- Before shipping your Device, you should perform a factory reset on it and remove all personal information (as described in Section 3 above);
- Your Device must not be counterfeit and must be labeled with an FCC ID to show that it is certified for use in the United States under applicable FCC regulations. The FCC ID number can usually be found printed somewhere on the mobile Device. It may sometimes be necessary to remove the battery pack to locate the FCC ID number. The FCC ID number can also be found in the user manual for each Device; and
- If you have accepted a tessab Platform Offering Price, you agree to mail tessab your Device in accordance with this Agreement within 10 (ten) business days after your acceptance of the tessab Platform Offering Price and in accordance with the instructions contained in the email sent to you from tessab.
- In the event the tessab diagnostic results do not match from the representations made in your tessab Quiz, and a Non-tessab Purchaser initiates a dispute withing two (2) business days, tessab will send the Non-tessab Purchaser a return shipping label. The Non-tessab Purchaser must send the Device within two (2) business days pf the return shipping label issuance date, at which time tessab will approve the dispute in the Non-tessab Device Purchaser’s favor.
YOUR EXPRESS AGREEMENT AS TO DEVICES THAT DIFFER IN CONDITION, DESCRIPTION OR SPECIFICATIONS (AS DETERMINED BY INSPECTION OR tessab DIAGNOSTICS):
- IF tessab IS THE PURCHASER, tessab RESERVES THE RIGHT, WITHIN TEN (10) BUSINESS DAYS OF PHYSICAL RECEIPT OF THE DEVICE, AND IN ITS SOLE DISCRETION, TO REDUCE OUR OFFER TO REFLECT ANY DIFFERENCES IN CONDITION, DESCRIPTION, OR SPECIFICATIONS.
- IF A NON-tessab PURCHASER IS THE DEVICE PURCHASER, THAT PURCHASER RESERVES THE RIGHT, WITHIN FIVE (5) BUSINESS DAYS OF PHYSICAL RECEIPT OF THE DEVICE, AND AT ITS OPTION, TO EITHER KEEP THE DEVICE OR RETURN THE DEVICE TO YOU, AT YOUR EXPENSE. IF A NON-tessab PURCHASER ELECTS TO RETURN THE DEVICE, THE TRANSACTION WILL BE CANCELLED.
tessab and any non-tessab purchaser reserve the right but not the obligation, and at their sole and exclusive option, to return your Device to you, at your expense, if you incorrectly completed the tessab Purchase Quiz and your Device is linked to a particular carrier, and/or your Device cannot be reset or activated.
You may not include a damaged battery when shipping your Device. If your Device exhibits a damaged battery (for example, is leaking fluid, is too hot to touch or the Device casing is swollen), you must remove the damaged battery and dispose of it properly before shipping the Device to tessab or to any non-tessab purchaser. If a damaged battery is not removable, the Device is not eligible for sale on the tessab Platform through the Device Purchase Program, you will not receive the Purchase Price, and the Device may be returned to you, at tessab’s or any non-tessab purchaser’s option, and at your expense. Failure to strictly comply with these conditions may result in you receiving less than the Purchase Price, or nothing, for your Device.
A signature is required on delivery of any Device purchased through the tessab Platform using the Device Purchase Program.
- 8. You Are Responsible for Any Remaining Payments. If you bought your Device under an equipment installment plan or other financing plan or if you entered into a service contract with your wireless service provider, you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees. tessab and any non-tessab purchaser assumes no such liabilities.
10. Selling Your Device on the tessab Platform. Registered tessab Platform users may sell their Device on the tessab Platform through the Device Purchase Program, after having met Paragraph 6 eligibility requirements. Your Device may be offered for sale on the tessab Platform using a variety of options:
- Tessab will provide you with an estimated retail sales offering price for your Device (“Estimated Retail Offering Price”) which you may choose as your offering price. The Estimate Retail Offering Price is not a guarantee of your Device’s actual retail value, and a sale at the Estimated Retail Offering Price, which is determined based on market conditions, and which changes from time to time, is not guaranteed by tessab.
- At the time tessab provides you with the Estimated Retail Offering Price, tessab will also offer to purchase your Device (“tessab Offering Price”). The tessab Offering Price will likely be substantially lower than the Estimated Retail Offering Price, and will be valid for 30 days from the date tessab makes that offer to you.
- If your Device remains unsold (whether at the Estimated Retail Offering Price or the tessab Offering Price) for more than 30 days, the listing and any outstanding tessab Offering Price will be cancelled.
YOU AGREE TO RECEIVE SMS/TEXT MESSAGES IF YOU CHOOSE TO LIST YOUR DEVICE FOR SALE ON THE tessab PLATFORM
The transaction process offered by your registration and use of the Device Purchase Program on the tessab Platform requires the exchange of SMS messages between tessab and you. By Clicking “Agree and Continue” you expressly acknowledge the foregoing and further expressly consent to receiving, from time to time, SMS (“text”) messages, including alerts, inquiries, and confirmation requests from tessab, concerning each transaction in connection with which you are using the tessab Platform.
Discrepancies. Any discrepancies related to price, time, shipping, return requests, or other resolutions shall be addressed to and decided solely by tessab Support [[email protected]]. By agreeing to the Terms, you agree that any and all decisions related to disagreements will be settled by tessab Support.
- 11. Miscellaneous Additional Terms. The Device Purchase Program is offered and administered by tessab subject to your express acknowledgment and agreement to the following:
- You must be at least eighteen (18) years old to participate in the Device Purchase Program.
- Notices shall be deemed effective upon electronic delivery to the email address you provided. You should take appropriate steps to ensure emails from tessab are not forwarded to any junk or spam folder.
- The Device Purchase Program cannot be combined with any other promotions, discounts, or offers unless specifically provided for in the terms and conditions of such offers.
- Tessab reserves the right to decline or cancel your use of the tessab Platform and your participation in the Device Purchase Program, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose.
- If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
- A link to the copy of these Terms will be contained in the emailed instructions that will be sent to you. If you do not have an email account, you should retain a copy of these Terms and any sales receipt or other materials relevant to your purchase provided to you. You may also review the most recent version of these Terms by visiting www.tessab.com.
- Tessab reserves the right to substitute, amend, modify, cancel or add to any part of these Terms at any time, including terminating the Device Purchase Program.
- The Device Purchase Program is available only to customers residing within continental United States, Hawaii and the District of Columbia and is not available in other locations.
- Neither the tessab Platform User Registration, tessab Device Purchase Program Eligibility nor any offer made through the Device Purchase Program is transferrable to any other person or entity.
- If your Device is returned to you for any reason, you are responsible for all shipping costs and agree to pay any such charges.
- 12. Limitation of Liability. IN NO EVENT SHALL tessab OR ANY NON-tessab PURCHASER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.
- 13. Class Action Waiver. YOU AND tessab AGREE THAT ALL CLAIMS PURSUED AGAINST EACH OTHER WILL BE ON AN INDIVIDUAL BASIS. TO THAT END, YOU AND tessab HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO COMMENCE, TO BECOME A PARTY TO, OR TO REMAIN A PARTICIPANT IN, ANY GROUP, REPRESENTATIVE, CLASS, COLLECTIVE OR HYBRID CLASS/COLLECTIVE ACTION IN ANY COURT, ARBITRATION PROCEEDING, OR ANY OTHER FORUM, AGAINST THE OTHER. YOU AND tessab AGREE THAT ANY CLAIM BY OR AGAINST tessab OR BY OR AGAINST YOU SHALL BE HEARD IN ARBITRATION WITHOUT JOINDER OF PARTIES OR CONSOLIDATION OF SUCH CLAIM WITH ANY OTHER PERSON OR ENTITY’S CLAIM, EXCEPT AS OTHERWISE AGREED TO IN WRITING BY tessab AND YOU.
14. Arbitration Agreement. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF (“DISPUTE”), SHALL BE SETTLED BY BINDING ARBITRATION, CONDUCTED ON A CONFIDENTIAL BASIS, UNDER THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“THE ASSOCIATION”) STRICTLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND THE SUBSTANTIVE LAW OF THE STATE OF NEW JERSEY. THE ARBITRATION SHALL BE HELD AT A MUTUALLY AGREEABLE LOCATION IN MORRIS COUNTY, NEW JERSEY AND CONDUCTED BY ONE ARBITRATOR CHOSEN FROM A LIST OF ATTORNEYS WHO ARE MEMBERS OF THE ASSOCIATION’S COMMERCIAL ARBITRATION PANEL, FROM A NEUTRAL GEOGRAPHIC LOCATION, WHO IS KNOWLEDGEABLE ABOUT TELECOMMUNICATIONS SYSTEMS AND PRIVATE BRANCH EXCHANGE SYSTEMS AND WHO HAS BEEN ENGAGED IN THE PRACTICE OF LAW FOR A PERIOD OF AT LEAST TEN (10) YEARS. IF THE PARTIES CANNOT PROMPTLY, WITHIN 30 DAYS, AGREE ON THE SELECTION OF THE ARBITRATOR, THE ARBITRATOR WILL BE CHOSEN PURSUANT TO RULE 13 OF THE COMMERCIAL ARBITRATION RULES OF THE ASSOCIATION. THE COSTS OF THE ARBITRATION, INCLUDING FEES TO BE PAID TO THE ARBITRATOR, SHALL BE SHARED EQUALLY BY THE PARTIES TO THE DISPUTE. EACH PARTY SHALL BEAR THE COST OF PREPARING AND PRESENTING ITS CASE TO THE ARBITRATOR. THE PARTIES TO THE DISPUTE SHALL BE LIMITED TO TAKING NO MORE THAN THREE (3) DEPOSITIONS EACH. THE LENGTH OF EACH DEPOSITION SHALL BE LIMITED TO ONE (1) DAY. NO INTERROGATORIES SHALL BE PERMITTED. THE SCOPE OF DOCUMENT PRODUCTION SHALL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES OF THE ASSOCIATION AND THE DECISION OF THE ARBITRATOR WITH RESPECT THERETO. THE ARBITRATION SHALL BE COMPLETED WITHIN SIX (6) MONTHS FROM THE DATE OF THE SELECTION OF THE ARBITRATOR. THE ARBITRATOR SHALL ISSUE HIS/HER AWARD AND A BRIEF DESCRIPTION OF THE BASIS FOR THE AWARD IN WRITING. THE PARTIES AGREE THAT THEY HAVE VOLUNTARILY AGREED TO ARBITRATE THEIR DISPUTES IN ACCORDANCE WITH THE FOREGOING.