Terms & Conditions

Optisell Offers a service that allows the consumer to sell certain Items (the “Items”) after receiving an “Offer” from Optisell. By identifying your Item and completing the check-out process on the Optisell Website, you are agreeing to Optisell’s Terms and Conditions. Please read the Terms and Conditions carefully before completing the check-out process. This is a legally binding contract between you and Optisell.

You are agreeing to abide by the following terms:

You understand that all Offers are conditional and depend on the actual make, model and condition of the Item. Optisell at any time has the right to cancel a transaction even after the check-out process is complete.

Item requirements:

Must be owned by of the person entering into the contract with Optisell.
Must not infringe on any third party intellectual property rights.
Must not be stolen and or counterfeit.
Must comply with all laws, federal, state & local, and any other regulatory agency.

General Requirements:

Must be at least 18 years of age, and the legal owner of the Item(s) in order to sell the Item(s) to Optisell, or use the Optisell Website.
Must not use the Optisell Website for any illegal use such as selling stolen and counterfeit Items.
Must agree to the Terms & Conditions laid out on the Optisell Website before completing the check-out process.
Must be acting on your own behalf and not representing another person.
Must provide an accurate contact name, mailing address, e-mail address, and phone number. It is your responsibility to keep Optisell informed if any of these items change to ensure there are no issues when Optisell fulfills the transaction that was agreed upon. You are also agreeing to transact with Optisell via electronic communications.
Must accept the Optisell Offer within the specified time of the Offer, which is 30 days from the Offer date. If you do not accept the Offer by that date, the Offer will expire and is no longer valid. Offers are non-transferable, if the Offer expires, a new Offer will need to be issued and the process will start over.

Item Acceptance:

Optisell determines at its sole discretion what Items will be accepted.
Optisell determines the value of an Item based on the information that is provided through the Optisell Website.
Optisell reserves the right to change the Offer price once the Item is received at the Optisell location if the Item is not in the condition, or is not the model / brand, or does not have all the accessories that were listed in the original Offer. The Offer is based on the information that the Seller provides. If this information is not accurate, the Offer will be revised or the Item will be returned to the Seller. The Seller is responsible for providing accurate information regarding the Item. The Seller is responsible for return shipping costs if the Item is returned due to misinformation.
An Item evaluation will be conducted once the Item is received at the Optisell location. The Condition of the Item must fall into one of the categories that are listed on the Optisell Website; Fair, Excellent, or Flawless. If Optisell determines through the evaluation process that the Item is in a different condition than what was indicated by the Seller during the check-out process, a Revised Offer will be provided. If the Item is not in a Condition that Optisell will accept, the Item will be returned to the Seller or destroyed if the Seller does not wish to have the Item returned.
Phones must have an Electronic Serial Number (“ESN”) or International Mobile Equipment Identity (“IMEI”) number on the phone. Phones with the ESN or IMEI removed will not be accepted and will be returned to the Seller.
All passwords and Item locks must be removed prior to Optisell receiving the Item at its location. Optisell must be able to operate the Item and have access to resell the Item without limitations. For Items that are used on a wireless service provider network, such as Phones and Tablets, the Item must be cleared for reactivation by the wireless service provider. If Optisell is unable to access all rights and functions to an Item, the Item may be returned to the Seller. The Seller is responsible for return shipping costs if the Item is returned due to inability to access all rights and functions to the Item. There may be occasions when the Seller and Optisell are able to resolve one of these issues, such as a password that was not cleared, and the transaction will be completed.
All Accessories as originally described in the Offer must be included when the Item is sent to Optisell. In addition, all accessories that are needed to operate the Item but were listed in the original Offer our grounds for the Offer to be canceled if the Seller is unable to provide Optisell with these accessories within 5 business days of receiving communication from Optisell.
If an Item has signs that it has been altered and is not in the original manufactured state, Optisell has the right to reject the Item and return it to the Seller. The Seller is responsible for the shipping costs if the item is returned due to being altered or not being in the original manufactured state.
If an Item no longer complies with applicable laws or regulations Optisell has the right to reject the Item and return it to the Seller. The Seller is responsible for the shipping costs if the item is returned due to not being compliant with applicable laws or regulations .
Optisell has the right to revise or revoke any Offer, due to the following reasons but not limited to, the Item is not as originally described, not in the condition that was described, is not clear for activation, has been tampered with, appears to be stolen, is missing accessories, is missing accessories need to operate the Item, is not received in the time allowed for shipping the Item to the Optisell location.
If Optisell provides you with a Revised Offer you will have 5 days to accept or reject the Revised Offer. If you accept the Revised Offer via e-mail, Optisell will pay the Seller as described on the Optisell Website; either via PayPal or check sent US mail. If the Revised Offer is rejected, the Item will be returned to you via US mail at the address that was listed in the original Offer. If Optisell does not receive any communications within the time specified to accept or reject the Revised Offer, Optisell will take this as an acceptance of the Offer and issue payment according to the Revised Offer amount either via PayPal or check sent US mail.

Payment:

Optisell will issue payments using two payment methods; PayPal or by check via US mail. Optisell agrees to pay for any PayPal transaction fees.
Optisell shall have 5 business days from the time the Item is received and inspected to issue payment the Seller for the Item.
In the event there is a Revised Offer, Optisell has 5 business days from the acceptance of the Revised Offer to issue payment.
Optisell is not responsible for any delays or fees that were caused as a result of the Seller providing an inaccurate mailing address or inaccurate PayPal account information.

Data Removal from Items is the responsibility of the Seller:

Optisell makes no guarantees that any data that was not removed by the seller prior to Optisell receiving the Item will be removed at a later date.
Optisell will not guarantee that any data will be removed and makes no claims that it will occur.
You agree to release Optisell from any and all claims regarding data being left on any Item.

Shipping and Receiving:

The Item must be received by Optisell within 30 calendar days after the accepted Offer.
The Offer will be null and void if the Item is not received within the 30 calendar days after the accepted Offer. Optisell will send a Revised Offer at that time via e-mail at the current market value.
It is the Seller’s responsibility that the Item is packaged and shipped properly to Optisell, even if Optisell provides the Seller with a shipping label or packaging material.
Optisell is not responsible for Items being damaged during shipping, being stolen during shipping, or lost during shipping. It is the Sellers responsibility that the Item reaches Optisell in the condition it was originally sent in.
In the event you misinformed Optisell about the condition of your Item, and it was an honest oversight, and you reject the Revised Offer due to the condition being different than the original Offer, Optisell will pay for the return shipping free of charge.
In the event you misinformed Optisell of the condition of your Item and it is deemed this was done to deceive Optisell, the shipping costs to return the Item will be the responsibility of the Seller.
In the event you sent Optisell stolen Item Optisell will turn the Item over to a law enforcement agency and any Offer will be canceled immediately.

Privacy and Communication:

All personal information that is sent to Optisell via electronic mail, phone, or any other method will be kept confidential. Optisell will use this information to complete your transaction and will share this information with an outside company if it is necessary for business reasons i.e. process a payment, shipping Item etc.
Optisell will cooperate with any and all legal agencies at the federal and state & local level. If personal information is requested of Optisell to assist in an investigation or legal matter this information may be provided to the agency requesting it.
When you use the Optisell Website, you agree to release Optisell and Optisell’s officers, directors, agents, subsidiaries, employees, attorneys, successors and assigns from claims, demands, and damages of every kind , known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Optisell Services.
Optisell will not be responsible if any personal or confidential information that is obtained illegally from Optisell. Optisell will use due care to protect this information but is unable to guarantee against theft.

Presiding Laws / Modifications / Terms and Conditions:

These Terms and Conditions will be governed by the laws of the State of California, without reference to its conflict of law principles. You and Optisell agree to submit to the exclusive jurisdiction of the federal and state courts located in Carlsbad, California with respect to disputes hereunder.
Optisell reserves the right to modify these Terms and Conditions at any time. If you do not agree to the changes, you should discontinue using the Optisell Website / Services. By continued use of any Optisell Services after any changes take effect constitutes your acceptance of the changes. Each time you submit am Item for sale on the Website, you reaffirm your acceptance of the Terms and Conditions as in effect at the time of such use. You are responsible for reviewing the Terms and Conditions each time you use the Optisell Services. Changes to the Terms and Conditions are effective immediately upon posting on the Website.
Optisell’s waiver of, or failure to enforce, any right, term or provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other right, term or provision on the same occasion or the same right, term or provision on any other occasion.
These Terms and Conditions constitute the entire agreement between you, and Optisell regarding the subject matter hereof and supersedes any other agreements or understandings between you, Optisell regarding the subject matter hereof.
You agree to indemnify and hold Optisell, and their parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees), made by any third party due, connected to, or arising out of your violation or breach of these Terms and Conditions, or your violation of any law or the rights of any third party. Optisell reserves the right to assume the exclusive defense and control at your expense of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with Optisell’s defense of such claim.
If a court of competent jurisdiction declares any provision of these Terms and Conditions to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and the provision that is held to be invalid, illegal or unenforceable shall remain in effect as far as possible in accordance with the intention of the parties.
Your acceptance of the original Offer and/or any Revised Offer is final. All right, title and interest in and to the Item shall be passed to Optisell upon issuance of payment to you for the Offer price. Once title passes to Optisell, Optisell may at its sole discretion use the Item as it sees fit. Optisell cannot and does not guarantee that it will be able to honor any request for return of the Item and/or any data or information contained in the Item once title has passed to Optisell.

If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email admin@optisell.com.

Last Updated: April, 2014