Kiwi Gadgets Terms and Conditions and Terms of Sale Agreement
By using and/or visiting kiwigadgets.com website you, the Seller, are deemed to have read and agreed to the following Terms and Conditions.
Introduction. The terms “Kiwi Gadgets”, “kiwigadgets.com”, “KiwiGadgets.com”, “the Company” “we”, “us”, and “our” refer to Kiwi Gadgets and its Affiliates and subsidiaries. The terms “the Site” or kiwigadgets.com refers to the website www.kiwigadgets.com. The term “Affiliates” refers to Kiwi Gadgets’ partners, authorized agents, representatives, affiliated companies, officers, employees, contractors, third party providers or distributors. We reserve the right to change these terms and conditions from time to time. Your accessing, viewing, browsing and/or using this Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. All content and information provided on or through this Site may be used solely under the following terms and conditions:
Services. By agreeing to the terms and conditions of this Agreement, the Seller hereby authorizes Kiwi Gadgets to purchase the Item(s) as quoted on the Customer Order form.
Seller's Representations and Warranties. By submitting Item(s) to Kiwi Gadgets, the Seller represents and warrants that: (A) the Seller is 18 years or older; (B) the Seller has the necessary right, title, and authorization to sell the Item(s); (C) the description of the Item(s) is truthful, accurate and complete; (D) the Item(s) are not fraudulent, fake, counterfeit or stolen.
Title. Title remains with the Seller until the Item(s) are received by Kiwi Gadgets. Seller agrees to transfer all right, title and interest in the Item(s) to Kiwi Gadgets upon their receipt of the item(s) by Kiwi Gadgets at their processing center. Once the Seller sends Kiwi Gadgets the Item(s), the Seller releases all the rights to the Item(s). Kiwi Gadgets may not be able to honor any request for return of the product and/or any data or information contained in said product.
Data Removal. For all Items that use hard drives, memory cards, or other means of storing data, it is the responsibility of the Seller to remove any and all personal or sensitive data or information stored in the Item(s), before the Item(s) are sent to Kiwi Gadgets. By sending your Item(s) to Kiwi Gadgets, you agree to release us from any claim or liability as to the Item(s) and data stored in such Item(s), or any information on any media used in conjunction with the product and which you send to Kiwi Gadgets, or for such data's security, integrity, confidentiality, disclosure or use.
Shipping. Upon placing your order, Kiwi Gadgets will provide Seller with a pre-paid, pre-addressed USPS shipping label sent to the Seller’s provided email address. The free shipping label provided by Kiwi Gadgets does not provide shipping insurance or shipment tracking. Seller assumes the risk of loss or damage for any and all Items until the Item(s) are received by Kiwi Gadgets. Kiwi Gadgets will not be liable for any damages or loss of shipment during transit. It is at the Seller's discretion to acquire shipment insurance and/or tracking at Seller’s expense.
Required Condition of Item(s). All Item(s) must be in working condition. They must power-up, retain a charge and make a test call. Passwords must be removed. All available features must function correctly. Phones cannot be rooted, flashed, or "not registered on network". Phones cannot be locked to foreign carriers. They cannot be broken, crushed, water damaged, have damaged LCDs, missing or broken parts, personalized engravings or corrupt software. Item(s) must be in a good cosmetic condition. Light use, such as minor scratches or scuffs is OK. If the cosmetic condition of the item(s) does not meet the above criteria, we may still pay out, but the value will be adjusted. Battery must be included.
Deactivation of Cell Phone Service. It is the Seller's responsibility to deactivate service on all CDMA mobile phones prior to shipping to Kiwi Gadgets. CDMA phones (for example: Sprint, Verizon, Alltel, Nextel, US Cellular, Cellular One, Qwest, etc.) must be clear for activation. GSM phones cannot be locked out by the carrier.
Pricing. All prices obtained through our website ordering system are valid for two weeks from the order date. All prices quoted through email are valid for two weeks from the email quote date. If we receive your Item(s) more than two weeks from the date of the original order or quote date, your Item(s) will be re-priced at the current pricing.
Payment. Payment will be issued in the form of a check or PayPal payment typically within 1 day from the receipt of the item(s), but no later than 15 business days of our receipt of your item(s). All payments will be issued to the name and address that was provided on the “Complete Your Order” page. Lost checks are subject to a sixty day waiting period.
Discrepancies. Seller must ensure that the Items on your invoice are the Items you will be sending. If an Item(s) sent does not match the Order, the payment will be recalculated to reflect the current price for the actual model received at the time of processing.
Returns. Returns are granted at the discretion of KiwiGadgets and at Seller’s expense.
General. These Terms and Conditions are governed by and construed in accordance with Florida Law, and no conflict of laws or provisions of any jurisdiction will apply to these Terms and Conditions. Seller agrees that Seller is waiving the right to a trial by jury and agrees to only bring claims in Seller’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Seller agrees that any action at law or inequity arising of or relating to these Terms and Conditions will be filed only in state or federal court located in Hillsborough County, Florida, and Seller hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and Conditions. In the event that any provision of these Terms and Conditions will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. These Terms and Conditions constitute the entire agreement between the parties.
Waiver of Consequential Damages. In no event will Kiwi Gadgets or its affiliates be liable to Seller for any incidental, consequential, exemplary, indirect, special, or punitive damages arising out of this agreement or its termination, regardless of the form of action (including, but not limited to, negligence).
Indemnity. The Seller agrees to indemnify and hold harmless Kiwi Gadgets and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees from any claim or demand made by any third party due, connected to, or arising out of the Seller's breach of this Agreement, or the Seller's violation of any law or the rights of any third party.
Release. The Seller releases Kiwi Gadgets and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services.
Maximum Liability. The Company’s aggregate liability and the liability of their respective officers, managers, employees, and suppliers to the Seller or any third parties in any circumstance is limited to the estimated value of the applicable Item as stated in the Kiwi Gadgets website’s List Price.
Contact Information. Seller agrees and affirms that all contact information provided to Kiwi Gadgets, including email address, paypal address, and physical address is current and that it is your responsibility to provide us with updated contact information. Seller further agrees that any email message that we send to you, not returned by our mail servers, is deemed to have been effectively received by you and constitutes due notice to you by email. All communication and notifications regarding kiwigadgets.com transactions will be through email.
License. Unauthorized use of this Site and/or content contained on this Site violates trademark, copyright or other intellectual property laws. Kiwi Gadgets retains all rights, title and interest in the Site, technology, content and data including any improvements, updates or enhancements related to the site and underlying technology.
Term. This Agreement is made effective on the date set forth in the Kiwi Gadgets Order and unless terminated earlier in accordance with the terms of this Agreement, the Term of this Agreement will continue until all the Services conducted by the Company for the Goods are complete in accordance with this Agreement.
Modification. Kiwi Gadgets reserves the right to modify this Agreement at any time without prior notice. Seller’s use of the Service and following any such modification constitutes Seller’s agreement to follow and be bound by the Agreement as modified. Terms and conditions modifying the Agreement are effective immediately upon posting.