TERMS & CONDITIONS

 

 

Handset Terms & Conditions

Excellent

A mobile phone or device shall be considered in "Excellent" condition if ALL of the following are true:

  • - Is still in original box and looks like new (absolutely no cosmetic blemishes)
  • - Is fully functional and works flawlessly
  • - Has no scratches on screen or body
  • - Has minimum 210 days of warranty remaining at the time of placing an order (valid proof of purchase is mandatory)
  • - Includes original box, original battery, and original accessories (charger and hands free)
  • - Has no missing parts, screws or buttons, and is not customized or repaired
  • - Is not network locked or password protected

Working

A mobile phone or device shall be considered in "Working" condition if ALL of the following are true:

  • - Is turning on and off (able to make and receive calls)
  • - Is fully functional (may have only defects that are listed on the offer page)
  • - Has no major scratches (minor cosmetic blemishes are acceptable)
  • - Includes original battery and original charger
  • - Has no missing parts, screws or buttons, and is not customized or repaired.
  • - Is not crushed or water damaged
  • - Is not network locked or password protected

Non Working

A mobile phone or device shall be considered in “Non-Working” condition if ANY of the following is true:

  • - Is not turning on or off
  • - Is not fully functional
  • - Is broken, crushed or water damaged
  • - Has missing battery, buttons, or screws
  • - Is network locked or password protected

Device Age and Warranty Requirements:

  • - A device shall be considered under warranty only if it has a minimum of 30 days of brand warranty remaining at the time of placing the order.
  • - A device shall be considered less than 6 months old only if it has a minimum of 210 days of brand warranty remaining at the time of placing the order.
  • - A device shall be considered between 6 and 12 months only if its has a minimum of 30 days of brand warranty remaining at the time of placing the order.
  • - You shall be required to submit a valid proof of purchase to claim your device is less than or equal to 12 months old. For devices over 12 months, no proof of purchase is required.
  • - A device shall be considered out of warranty and invoice shall NOT be considered if

               - Liquid damage/ LDI Red
               - Touch broken
               - Display broken
               - Tampered/rework
               - Camera glass broken
               - Major dent on touch
               - SIM connector damage
               - MMC connector damage
               - USB connector damage
               - H/F connector damage
               - Missing components
               - Touch panel lifted
               - Water spot on LCD
               - Burnt case
               - Major broken on bezel/housing
               - IMEI label tampered/missing
               - Wrong/pirated software

          such devices shall be evaluated in more than 12 months age category

                 

Terms & Conditions of Sale and Usage of Website

 

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 Private Limited”. We assert all our intellectual property rights, whether registered, or not, in respect of the Website, including processes thereon.

1. ELIGIBILITY

By using this Website you agree and represent that:

  • - You are a resident of India and you are accessing the Website from any part of India;
  • - You are legally competent to enter into a binding contract as per the Indian Contract Act, 1872;
  • - 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.

2. CONTENT OWNERSHIP

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Attero Recycling Private Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Attero Recycling Private Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Attero Recycling Private Limited, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

3. NO EXTRACTION

You may not systematically extract/ or re-utilize parts of the contents of the website without Attero Recycling Private Limited and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Attero Recycling Private Limited and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (e.g. prices and product listings) parts of this website without Attero Recycling Private Limited and / or its affiliate's (as may be applicable) express written consent.

4. LIMITED LICENSE

Attero Recycling Private Limited grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Attero Recycling Private Limited and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Attero Recycling Private Limited and / or its affiliates, as may be applicable. ?You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of atterobay.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Attero Recycling Private Limited's or its affiliates' names or trademarks without the express written consent of Attero Recycling Private Limited and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Attero Recycling Private Limited and / or its affiliates, as applicable. ?You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of atterobay.in as long as the link does not portray Attero Recycling Private Limited, atterobay.in, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any atterobay.in logo or other proprietary graphic or trademark as part of the link without express written consent of Attero Recycling Private Limited and / or its affiliates, as may be applicable.

5. USER CONDUCT

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following: ?

  • - For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • - to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
  • - To cause annoyance, inconvenience or needless anxiety

6. SELLERS REPRESENTATION AND WARRANTIES AS REGARDS THE PHONE

  • - You agree that you are the legal owner of the phone being offered for sale by you to us and that all the rights, interests and titles in the phone vest exclusively in you. Further, you represent and warrant that you have or had not transferred or assigned any rights, title or interest in the phone to any third person.
  • - 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.
  • - By submitting the offer to 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 in Excellent, Working, or Non-Working condition. The condition of the phone should be appropriately and correctly mentioned/selected on the Website by you at the time of placing the sell order.
  • - By submitting the offer to 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 in Excellent, Working, or Non-Working condition. The condition of the phone should be appropriately and correctly mentioned/selected on the Website by you at the time of placing the sell order.

  • A mobile phone or device shall be deemed to be in excellent condition if it complies with the following terms:
  • Is still in original box and looks like new (absolutely no cosmetic blemishes)
  • Is fully functional and works flawlessly
  • Has no scratches on screen or body
  • Has minimum 210 days of warranty remaining at the time of placing an order (valid proof of purchase is mandatory)
  • Includes original box, original battery, and original accessories (charger and hands free)
  • Has no missing parts, screws or buttons, and is not customized or repaired
  • Is not network locked or password protected

 

  • A mobile phone or device shall be deemed to be in working condition if it complies with the following terms:
  • Is turning on and off (able to make and receive calls)
  • Is fully functional and works flawlessly
  • Has no major scratches (normal cosmetic blemishes are acceptable)
  • Includes original battery and original charger
  • Has no missing parts, screws or buttons, and is not customized or repaired.
  • Is not crushed or water damaged
  • Is not network locked or password protected

 

  • A mobile phone or device shall be deemed to be in non-working condition if it complies with the following terms:
  • Is not turning on or off
  • Is not fully functional
  • Is broken, crushed or water damaged
  • Has missing battery, buttons, or screws
  • Is network locked or password protected

 

  • Device Age and Warranty Requirements:
  • A device shall be considered under warranty only if it has a minimum of 30 days of brand warranty remaining at the time of placing the order.
  • A device shall be considered less than 6 months old only if it has a minimum of 210 days of brand warranty remaining at the time of placing the order.
  • A device shall be considered between 6 and 12 months only if its has a minimum of 30 days of brand warranty remaining at the time of placing the order.
  • You shall be required to submit a valid proof of purchase to claim your device is less than or equal to 12 months old. For devices over 12 months, no proof of purchase is required.
  • A device shall be considered out of warranty and invoice shall NOT be considered if    

              - Liquid damage/ LDI Red
               - Touch broken
               - Display broken
               - Tampered/rework
               - Camera glass broken
               - Major dent on touch
               - SIM connector damage
               - MMC connector damage
               - USB connector damage
               - H/F connector damage
               - Missing components
               - Touch panel lifted
               - Water spot on LCD
               - Burnt case
               - Major broken on bezel/housing
               - IMEI label tampered/missing
               - Wrong/pirated software

             such devices shall be evaluated in more than 12 months age category

  • You warrant that before sending the phone to us, you shall cancel any airtime / operator 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.
  • You agree to ensure that the SIM card of the phone along with other related objects (like Memory Card, Back Cover, Phone Cases etc.), have been removed before sending the device to us. We shall not be liable for any charges or costs incurred in the event that any such object is sent with the phone. You shall continue to be responsible for such charges. Further, you agree that any such object received by us shall be non-returnable.

 

7. PROCESS

 

    • 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;

 

    • True and accurate information: You agree that all the details provided by you during the registration process and further while placing the sell order are true and accurate without any misrepresentation.

 

    • 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.

 

    • 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 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. In case of multiple devices, please make sure that you put one device in one box/packet. Also, note that the pickup facility can be availed only if the value of your phone exceeds Rs. 1000. In case the value of your sell order is below Rs. 1000, then you shall be charged a flat shipping amount of Rs 200.

 

    • 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.
    • 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 updated, 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.

 

    • Adjusted price: In the event the phone sent by you to us does not match the make, model or conditions of the sell order, we will 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 10 working days of your declining the adjusted price offer. Any expenses incurred in returning the phone to you shall be borne by you. 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. Please note that the decision taken by Atterobay with respect to actual value of the device based on its make, model and condition shall be final. Also, note that if we do not receive bank account details from you, or we do not get a response from you on order approval or rejection within 15 calendar days from the order approval date, we will send the unit(s) for further processing and will not entertain any claims on those unit(s).

 

    • Payments: While placing the sell order at our Website you have an option to receive payments via cheque, DD, bank transfer 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, DD and Voucher payments will be made to the name and at the address given by you at the time of placing the sell order. We shall not be responsible in case Cheque/DD/Voucher is lost or you payment not received because of incorrect bank account details provided to us.

 

    • Amendment: The terms and conditions of our Website including but not limited to phone values offered may be changed at any time 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. Each offer to sell shall be governed by the terms and conditions applicable at that time. 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.

 

    • 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 us.

 

    • 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.



8. TERMINATION

 

    • You may terminate the contract (defined in clause G) 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.

 

    • 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.

 

    • You acknowledge that we have the right to terminate the contract with or without reasons at any time without any prior notice to you except as provided under clause 7 (ix).



9. 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.