Terms & Conditions of Supply
Please read the following terms and conditions carefully before placing your sell order from our website www.atterobay.com. (‘Website’) References to "you", "User" shall mean the end user accessing the Website, its contents and using the functionalities offered through the Website and "we", "us" and “our” shall mean "Attero Recycling”.
By using this Website you agree and represent that:
i. You are a resident of India and you are accessing the Website from any part of India;
ii. You are legally competent to enter into a binding contract as per the Indian Contract Act, 1872;
iii. You are voluntarily sending the phone 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.
i. You agree that you are the legal owner of the phone sent by you to us and that all the rights, interests and titles in the phone vest in you. Further, you agree that you have or had not transferred or assigned any rights, title or interest in the phone to any third person.
ii. You agree that the ownership of the phone(s) will pass on to us once we receive the phone, confirm that the phone 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.
C. User representation and warranties as regards the phone
i. By submitting the sell order through our Website you warrant that the phone(s) you send to us matches the make and model of your sell order. You may send the phone to us either in Working or Non-Working condition. The condition of the phone should be appropriately and correctly mentioned in the application form filled by you at the time of placing the sell order.
I. The phone shall be deemed to be in working condition if it complies with the following terms:
a. The phone is capable of turning on and off;
b. The phone is fully functional;
c. The screen is working and intact;
d. The battery is included;
e. The phone is not crushed or water damaged.
II. The phone shall be deemed to be in non-working condition if it complies with the following terms:
a. The battery is included;
b. The phone is crushed or half broken;
c. The phone has a broken/bleeding LCD (screen), no power up, speaker/microphone fault, broken aerials etc.
ii. You warrant that before sending the phone to us, you shall cancel any airtime contract linked to your phone. We are not responsible for any call costs arising before, or after, receipt of your phone, or arising from any other circumstances whatsoever.
iii.You agree to ensure that the SIM card of the phone is removed 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 a phone. You shall continue to be responsible for such charges. Further, you agree that any SIM cards received by us shall be non-returnable.
i. Registration: You are required to register with us before placing the sell order. Please click on “How It Works” page for detailed information on procedure of registration;
ii. True and accurate information: You agree that all the details provided by you during the registration process and further while placing the sell order is true and accurate without any misrepresentation.
iii.Placing the sell order: While placing the sell order you agree to strictly abide by the instructions printed on the back of the application form or the website. At the time of placing the sell order you have an option of selecting pick up or drop in facility for sending the phone to us.
a.Pick up: In the pick- up facility, on receiving the phone sent by you, we will send you a confirmation email of your sell order and then a freepost bag will be sent to your address provided at the time of placing the sell order.(“packaging received date”). On receiving the the freepost bag you need to seal the phone in the envelope and confirm to us about the pickup date (this can be done online through our Website or through SMS or Call). Once that is done, our courier partner will come and collect the sealed envelope. The courier partner will make two attempts to collect the sealed envelope from you. In case you are not available to provide the sealed envelope on the confirmed date, all expenses incurred by the courier partner for collecting the sealed envelope will be deducted from the price of the sell order placed by you. . Also note that the pickup facility can be availed only if the value of your phone exceeds Rs. 500. In case the value of your sell order is below Rs. 500, then you shall be charged the actual pick up fee.
b. Drop in: In the drop in facility you may choose to drop the phone at nearest location. In such a case, you are required go to any one of the locations specified on the Website , fill the form which is kept near the drop box, seal the phone properly and a copy of the form in the self sealing envelop which is kept near the drop box and then drop the sealed envelope in the box. You can carry the second copy of the form with you as proof for future references. The third copy is for the location where the box is kept. We shall not be liable for any loss of the phone from the drop box or if the seal of the phone is tampered.
iv. Phone values: You agree and acknowledge that phone values offered on our Website shall be decided by us. Further you agree that phone values offered on our Website are subject to change without any prior notice to you. When you place the sell order, the prices quoted are guaranteed for 14 days from the packaging received date. If your phone(s) are received after 14 days from the packaging received date, the up-dated, current prices will apply. In case of any changes in the prices, we shall send you a reminder by email during the 14 day guarantee period.
v.Adjusted price: In the event the phone sent by you to us does not match the make, model and conditions of the sell order, we'll propose an adjusted price and communicate the same to you by email. If you choose to decline the proposed adjusted price, the phone will be returned to you within 21 working days of your declining the adjusted price offer. Any expenses incurred in returning the phone to you shall be shared between us and you in equal proportion. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 7 days of our intimation of you of the adjusted price by email.
vi. Payments: While placing the sell order at our Website you have an option to receive payments via cheque or vouchers. You can also opt for donating or planting a tree as one of the payment options. In such case we will donate or plant a tree on your behalf. All the relevant documents in relation to the donation or planting the tree shall be emailed to you for your reference. Please note that the payment option cannot be changed once the sell order is placed.
Payments will be made by us only after we receive the phone sent by you and confirm that it meets the make, model and terms and conditions of the sell order. Payments will be made within 3 weeks of the receipt of the phone by us (Monday to Friday, excluding public holidays). Cheque and Voucher payments will be made to the name and at the address given by you at the time of placing the sell order.
vii.Amendment: The terms and conditions of our Website including but not limited to phone values offered may be changed at anytime at our sole discretion without any prior notice to you. Hence it is your responsibility to keep yourself updated of the new terms and conditions. Any losses incurred by you due to your failure to keep yourself updated of the new terms and conditions shall be borne by the you and we shall have not be liable for the same.
vi.Indemnity : You agree and acknowledge that by sending your phone to us, you agree to release us from all and any claims, losses or damages that may arise with respect to the phone including but not limited to any claims related to the ownership of the phone and any data stored in it. In the event of any claims that may be brought against us, we have the right to terminate the contract with you immediately without any prior notice. Any data stored or contained therein or on any media used in conjunction with the phone (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.
Further, you agree that to the maximum extent permitted by applicable law, we shall not liable for any indirect, special, incidental, consequential or punitive damages or losses, which may be suffered by you with respect to the subject matter hereof and our total liability in any event shall be limited to a total amount equal to the value of the phone as determined by Attero.
You agree and acknowledge that we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused due to or by events outside our reasonable control (‘Force majeure’ events) or due to our compliance with any applicable laws or regulations. The term “Force Majeure” shall include war, rebellion, civil disturbance, earthquake, fire, flood, strike, lockout, labor unrest, acts of governmental authorities, acts of God, acts of the public enemy and, in general, any other causes or conditions beyond our reasonable. If any event of force majeure continues for more than five (5) calendar days, either you or we may terminate the contract upon written notice to the other party.
i.You may terminate the contract (defined in clause F) with us with or without reasons at any time until the time we send you the envelope for pickup of your phone or you drop off the phone at drop locations ("cooling- off period") by giving us a prior written notice of 15 working days.
ii.You agree that you cannot terminate the contract at any time after sending the phone to us (outside the "cooling-off period"). The contract may however be terminated if we confirm that the phone sent by you does not meet the terms and conditions and the phone is returned to you. [see above clause D(v)].
iii.You acknowledge that we have the right to terminate the contract with or without reasons at anytime without any prior notice to you except as provided under clause D(vi).
F.Governing Law and Dispute Resolution
This contract shall be construed and interpreted in accordance with the laws of India. Any controversy or claims or disputes arising out of or relating to this Agreement, the claims of breach of this Agreement or interpretation hereof shall be subject to the exclusive jurisdiction of the courts of Delhi.
You agree that a contract will be concluded between you and Attero Recycling, only when we, upon receiving the phone 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 Attero Recycling successors and assignees respectively.