TERMS AND CONDITIONS

By using our services, you are agreeing to the Terms & Conditions (herein below). Please read them carefully.

In case you do not agree with any part of these Terms & Conditions, you must not use the site or services. Continued use by you of the site and services will constitute your acceptance of these Terms & Conditions, which may be updated by us from time to time. Please check this page regularly for updates on the Terms & Conditions.

1. Registration:

Registration Terms: Once a member chooses to register with us through an e-form, an account is created to continue with the operations of the website. The member, by using this website, agrees and represents that:

a)    You are a resident of Sri Lanka and is using this website from any part of Sri Lanka;
b)    You are over 16 years of age and legally competent to enter into a binding contract;
c)    You are voluntarily sending your product to us and that all actions taken by you under these terms and conditions are voluntary actions without any undue force or coercion by any third person.
d)    While you are registering or filling the forms on the website, the basic information gathered includes the following:

• Name, contact details, device details, email address, IMEI number/digits of your Products.
• If any interaction is done by you and other users/customers through the social media platform or such sources.
• Information you provided on the website during the questionnaires asked for selling your product.
• Any information provided by you while creating, registering, logging or any such other similar processes.
• Any information which is received indirectly from you through use of the services, visiting or/ and accessing the official website.

You agree that by giving SMAD Team (“SellMyAppleDevice Team”) the above information, which is retrieved through the above methods, you grant SMAD Team permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver SMAD Team related information, offers or announcements.

e)    Your registration and your use of services are not prohibited by law. We reserve the right to suspend or terminate your membership, or your access to the site and services if you breach any of the Terms & Conditions.

f)     In connection with your Account, you will create a password and a user id. You are responsible for the security of your password.

2. Mandatory KYC collection at the time of delivery- pick up:

All gadgets sold must be compulsorily attached with the following documents:

a)  Self-attested ID-proof ( government approved ) of the owner of the old products

b)    Self-attested indemnity bond provided by us, if required

c)    Any documents as required by SMAD Team in relation to the buyback shall be submitted by you, any failure to do so may result in cancellation of the sale.

3. User Requirement:

a)    You agree that you are the legal owner of the product sent by you to us and that all the rights, interests and titles in the product vest with you. Further, you agree that you have or had not transferred or assigned any rights, titles or interest in the product to any third person.

b)    You agree that the ownership of the product(s) will pass on to us once we receive the product, confirm that the product matches the make, model and terms and conditions of the sale.

c)    You agree that SMAD Team shall not be affected by any EMI schemes whatsoever that You may have entered into for purchase of the mobile and as such ownership of the product(s) will pass on to us once we receive the product without having any bearing on the EMI schemes.

d)    The Payment shall be made to you as per the option selected by you.

4. Data Threat

 You agree and acknowledge that by sending your product to us, you agree to release us from all and any claims, losses or damages that may arise with respect to the product including but not limited to any claims related to the ownership of the product and any data stored in it. Any data stored or contained therein or on any media used in conjunction with the product (whether in the form of personal details, SMS, photos, games, songs or other data (“Data”)) will be erased by us and we will not be responsible for any losses incurred by you due to the removal or loss of any such Data. 

5. Data Privacy and Confidential Information:

You agree and acknowledge that by sending your product to us, you agree to:

a)    Removing all confidential information, pictures, contacts, passwords, SMS, etc and confirming the same before handing it out to our executives.

b)    That it is your responsibility to wipe, clean or delete all the confidential information manually/electronically and if still, any data is accessible due to technical reason/s, SMAD Team or the third-party buyer shall not be held responsible for it

c)    Not approach SMAD Team for any retrieval of confidential information.

d)    Release SMAD Team from all or any claims, losses or damages that may arise with respect to the product including but not limited to any claims related to the ownership of the product or any confidential information stored in it.

6. Product Requirement:

a) By submitting the sell order through our website you warrant that the product(s) you send to us matches the make and model of your sell order. The condition of the product should be appropriately and correctly mentioned in the application form filled by you at the time of placing the sell order.

• The product shall be said to be in working condition if it complies with the following:
  • The product is capable of turning on and off;
  • The product is fully functional;
  • The screen is working and intact;
  • The battery is included;
  • The product is not crushed or water damaged

• The product shall be deemed to be in non-working condition if it complies with the following:
  • The battery included is dead/not working properly;
  • The product is crushed/ damaged or half broken;
  • The product has a broken/bleeding display (screen), no power up, speaker/microproduct fault, broken aerials etc.

b) You warrant that before sending the product to us, you shall cancel any airtime contract linked with your product. We are not responsible for any call costs arising before, or after, receipt of your product, or arising from any other circumstances whatsoever.

c) You agree that the SIM card is removed from the product before sending it to us. We shall not be liable for any charges or costs incurred in the event that a SIM card is sent with the product. You shall continue to be responsible for such charges. Further, you agree that any SIM cards received by us shall be non-returnable.

d) If the product is specified under warranty, it should be valid in Sri Lanka and serviceable by the Manufacturer/Manufacturer’s authorized representative in Sri Lanka. Any documents required to avail this service should be provided along with the product.

e) Price offered will vary in case the device is network locked or not working in .

7. Mobile mismatch, Adjusted Price/ Returns:

 All the devices received by us need to match the making, conditions and model as stated by you during the sale. If not then, the price of the product shall be adjusted accordingly, which may differ from the previously stated price. SMAD Team has the right to decline the device if you do not agree with the adjusted price. If so, you are liable to provide the Sales tax form, if required and the Entry Tax, if applicable.

In case other product accessories were mentioned during the sale, the same must be present during the inspection of the products. If not, SMAD Team has the right to modify/accept or cancel the order.

If the product sold is not working during the time of the inspection, you shall be responsible to apply for the entire sale process again and select the actual condition of the product while answering the questions to get the best price for your product.

The above mentioned details shall be applicable at the time of telecaller interaction and at the time of direct pick up of the product,

8. Theft of Apple mobile Phones/ iPad/ MacBook Air & Pro/ iWatch/ iMac & Mini:

By agreeing to sell your product, you hereby agree:

a)    That you are the sole, absolute and lawful owner/user of the said phone and are voluntarily willing to sell it.

b)    The accessories of the product, if any, along with the product must be genuine and not counterfeit, free from any and all legal matters and any discrepancies. SMAD Team has the right to levy return shipment charges and penalty charges in case of any discrepancies.

9. Termination:

a) The contract may be terminated by you with or without any reason at any time before the product is picked up by the courier or before you send the product using your courier.

b) The contract cannot be terminated at any time after you have sent us the product. However the contract may be terminated if confirmed by us that the product sent by you has not met the terms and conditions and the product is returned to you.

c) You acknowledge that we have the right to terminate the contract with or without any reasons at any time without any prior notice to you except as provided under clause 5.

10. Indemnity:

The members shall indemnify and keep indemnified SMAD Team and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which SMAD Team may incur, pay or become responsible as a facilitator as a result of breach or alleged breach of the representations or obligations of the members under the terms and conditions. SMAD Team or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the member or any third party, in connection with the offer.

11. Governing Law:

These terms and conditions are governed by and construed in accordance with the laws of Sri Lanka and you irrevocably submit to the exclusive jurisdiction of the courts.

12. Contract:

You agree that a contract will be concluded between you and SMAD Team, only when we, upon receiving the product sent by you confirm that it matches the make, model and terms and conditions of the sell order and make the payment to you as per the option selected by you. You agree that such contract shall be binding on the User’s and SMAD Team successors and assigners respectively.