TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES


Note – These terms are applicable to decluttrStore where you can buy products. If you require Terms for the decluttr trade side (where you sell products) please go to www.decluttr.com/terms-conditions

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.


BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU ACCEPT THAT ALL PRODUCTS SOLD BY US ARE PRE-OWNED UNLESS THE PARTICULAR PRODUCT EXPRESSLY STATES THAT IS IT NEW.


YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DECLUTTR.COM, (C) ARE ORDERING FOR COMMERCIAL RATHER THAN PERSONAL USE; OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.


These terms and conditions (these "Terms") apply to the purchase and sale of products through Decluttr.com/us/store (the "Site"). These Terms are subject to change by Entertainment Magpie, Inc. d/b/a Decluttr (referred to as “Decluttr”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion.

Any changes to the Terms will be in effect as of the "Last Updated Date" referenced at the bottom of this page. You should review these Terms prior to purchasing any product that is available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.


These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 8).

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.


(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.


(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept payment with active US PayPal accounts, debit card, and most major types of credit card except American Express at this time for all purchases. You represent and warrant that (i) the credit/debit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such card for the purchase, (iii) charges incurred by you will be honored by your card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. We are not responsible for any delay or non-delivery caused by non-authorization by your card or PayPal provider.

(a) We will arrange for shipment of the products to you in accordance with your selected choice of methods from the methods available for that product. Please check the individual product page for specific delivery options. During busy times, such as Thanksgiving or Christmas, there may be delays in getting your order to you and it is advisable to order well in advance during those periods. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.


(b) Title passes to you upon payment. Risk of loss passes to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 678-766-1762 or email our Returns Department at contactus@decluttr.com Please have your order number and details to hand.


You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.


Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

For defective returns, please refer to the limited warranty (see Section 6) included with the product or as detailed in the product's description on our Site.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.


THIS LIMITED WARRANTY CAN ALSO BE FOUND AT www.decluttr.com/us/store/limited-warranty AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.


WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.


WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.


SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.


(a) Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.


(b) What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship purchased from the Site.


(c) What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

(i) transportation;

(ii) storage;

(iii) improper use;

(iv) failure to follow the product instructions or to perform any preventive maintenance;

(v) modifications;

(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by the manufacturer or Decluttr;

(vii) unauthorized repair;

(viii) normal wear and tear; or

(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

(d) What is the Period of Coverage?

This limited warranty starts on the date you receive your purchase and lasts for one (1) year the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

(e) What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either:

(i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

(f) How Do You Obtain Warranty Service?

Your warranty begins on the day you place your order and is automatically applied to the specific device you purchased.

(g) Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


 

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Our Privacy Policy, www.decluttr.com/us/store/privacy-policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

1.            This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Decluttr and you irrevocably and unconditionally (A) agree not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to your purchases from Decluttr, in any forum other than the US District Court for the Northern District of Georgia or, if such court does not have subject matter jurisdiction, the courts of the State of Georgia sitting in Cobb County and any appellate court from any thereof; (B) unconditionally submit to the exclusive jurisdiction of such courts and agree to bring any such action, litigation, or proceeding only in the US District Court for the Northern District of Georgia or, if such court does not have subject matter jurisdiction, the courts of the State of Georgia sitting in Cobb County; and (C) agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Decluttr.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

(a) To You -

We may provide any notice to you under these Terms by:

(i) sending a message to the email address you provide or

(ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.


(b) To Us -

To give us notice under these Terms, you must contact us via email at contactus@decluttr.com

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

All deals on the Decluttr Store can only be used as a one off code, unless otherwise stated in the original source of advertisement. Decluttr also reserves the right to withdraw or extend a deal at any given time.

Coupon codes cannot be used in conjunction with any other offer or deal and the deal that gives the highest discount will override any other additional discount codes used during the checkout process.

Each deal may have specific conditions and exclusions such as: selected titles or New Products etc. The original marketing advertisement should be checked for specific deal terms and conditions.

We are unable to provide discount to an order which has been completed without use of a coupon code having been applied during checkout, by way of refund. Likewise, deal discounts will under no circumstances be applied to historic orders.

We do our best to ensure that deals function as advertised but in light of any genuine and honest mistake with deals setup, Decluttr is under no obligation to fulfil orders which were created during such ‘false’ deals.

All deal, offers and discount are subject to product availability. Once stock levels of a particular product in a given offer have been exhausted, Decluttr is under no obligation to supply the product at the deal price once the product is back in stock if that deal/offer has since ended.

All of our price comparisons are based on market research.

Here’s how we carry out that research:

We find the average price of a device category (E.g. iPhone 6) on our store. We then take prices for the same device category from our competitors and work out an average. We then compare that to the average price for the equivalent device category on the Decluttr Store.

Competitors prices and prices on the Decluttr store do fluctuate, but we endeavour to keep our price comparisons accurate by doing regular checks. The date of the comparison will be stated on the advertisement. Due to prices fluctuating there may be some minor variations with claims, but the claims are true at the date shown on the original advertisement.

Of course, price isn’t the only advantage we have over our competitors (although it is a big one!). Our refurbished tech is thoroughly checked by our expert team, plus you’ll also get a 12 month limited warranty.

*Please refer to Prices and Payment Terms to see the full terms and conditions relating to prices and payments.

These Terms were last updated 05/17/17