B2B SPOT TRADE-IN TERMS AND CONDITIONS

INTRODUCTION

These terms & conditions (the “Terms”) govern the Spot Trade-In Program. By entering in the Company’s Spot Trade-In Program, the Supplier agrees to comply with the Terms.

DEFINITIONS

  1. Calculator: an evaluation system used by the Company which is intended: (1) for the initial diagnosis of the Goods within the framework of the Spot Trade-in Program, (2) assigning to an item of the Goods a preliminary category in accordance with the Classification System, and (3) defining the final purchase price of the Goods.
  2. Classification System: A grading structure for Goods based on their cosmetic and technical condition as per Appendix 1 of the Terms.
  3. Company:Prestigio Plaza Limited, a legal entity duly established and operating under the legislation of the Republic of Cyprus, with its registered office: 1, Iapetou str. 4101, Ayios Athanasios, Limassol, Republic of Cyprus.
  4. Final Revaluation Act:A document determining the final value and grade of the Goods as per the form agreed by the Supplier and the Company.
  5. Goods: Used electronic devices eligible for Spot Trade-in Program.
  6. Main Contract: The supply of goods contract concluded between the Company and the Supplier.
  7. Spot Trade-in Program: A buy-out system where the Company purchases Goods from the Supplier in accordance with the Classification System.
  8. Supplier: The legal entity trading in the Goods.

Trade-in Eligibility

  1. The Supplier shall be the lawful owner of the Goods and must confirm that they have full rights to sell them.
  2. Goods must be originally purchased from a legitimate source and must not have been stolen, lost, or otherwise illegally obtained.
  3. The Goods must not be under lien, dispute, or any third-party claim, and they must be free from any encumbrances such as leases or collateral agreements.
  4. The Supplier guarantees that the Goods have not been previously sold, pledged, or otherwise transferred to any third party.
  5. All Goods submitted must meet the requirements outlined in the Classification System.
  6. The Company reserves the right to reject any Goods that do not meet Trade In Eligibility criteria outlined in this Section.

Submission & Evaluation Process

  1. The Supplier must submit Goods for evaluation by the Company, providing accurate details including brand, model, condition, and accessories.
  2. Goods will undergo an initial assessment using the Calculator, which provides a preliminary valuation based on condition and classification.
  3. Upon delivery of the Goods to the Company, Goods undergo a final inspection, where the Company verifies their actual condition and assigns a final grade based on the Classification System.
  4. If Goods are found to be in a lower condition than initially reported, the Company reserves the right to either adjust the price accordingly or reject the Goods, which shall be returned to the Supplier at the Supplier’s cost.

Pricing & Payment

  1. The final price for the Goods is determined in accordance with the Final Revaluation Act, which takes into account the condition, classification, and any necessary deductions for missing accessories or defects for each item of the Goods.
  2. The agreed purchase price, which will be reflected in the Final Revaluation Act, will be in Euros.
  3. Within 3 business days from the acceptance of the Final Revaluation Act, the Supplier shall issue an invoice, which would reflect the prices accepted in the Final Revaluation Act.
  4. The Parties agree that amounts due under any invoice issued by the Supplier to the Company shall not be paid in cash. Instead, such amounts shall be credited towards future payments for goods to be supplied under the Main Contract. Amounts credited towards future payments under this clause shall be set off against the outstanding invoices for future goods supplied. The set-off will occur automatically at the time of the future invoicing and payment process, with the credits being deducted from the total amounts due under the future invoices under the Main Contract.

Acceptance & Rejection of Goods

  1. The Goods are considered accepted by the Company upon acceptance of the Final Revaluation Act by the Supplier within 3 business days of its receipt. Provided that Supplier does not accept the Final Revaluation Act within the above time period, the Company upon its own discretion can either credit the amount reflected in the Final Revaluation Act as per Section 5.4 above and accept the Goods, or send the Goods back to the Supplier at the Supplier’s own cost.
  2. Goods that do not match the agreed specifications, classification, or description may be rejected and returned to the Supplier at the Supplier’s expense.
  3. The risk of loss or damage to the Goods passes to the Company only upon acceptance of the Final Revaluation Act by the Supplier or if considered accepted by the Company as per Section 6.1.
  4. The Company may partially accept a batch of Goods, rejecting specific units that do not conform to the Classification System.
  5. All costs associated with the return, repair, or replacement of non-conforming Goods shall be borne by the Supplier.

Packaging & Delivery

  1. Goods must be securely packaged to prevent damage during transit.
  2. Delivery terms shall follow DAP INCOTERMS 2020, meaning the Supplier is responsible for transportation costs until the Goods arrive at the agreed destination.
  3. The Supplier must provide all necessary shipping documents, including a shipping invoice, bill of lading, air waybill, or CMR, along with a packing list detailing the shipment contents.
  4. The Supplier is responsible for ensuring that the Goods arrive in the agreed-upon condition; otherwise, they may be subject to rejection or revaluation.
  5. Missing or incomplete documentation may result in delays or rejection of Goods, with all associated costs borne by the Supplier.

Amendments, Term and Termination

  1. The Company reserves the right to amend the Terms at any time, with changes taking effect immediately upon publication on the website.
  2. These Terms remain valid throughout the full period of validity of the Main Contract and unless terminated in accordance with the provisions below.
  3. The Company and the Supplier have the right to terminate participation in the Terms upon provision of a 30 days written notice to each other.
  4. Any termination does not affect transactions already in progress, which must be completed as per the agreed terms, and does not affect the Main Contract.

Governing Provisions

These Terms are made pursuant to the Main Contract. Except as expressly modified by these Terms, all terms, conditions, and provisions of the Main Contract shall remain in full force and effect and shall govern these Terms. In the event of any conflict between the provisions of these Terms, and the Main Contract, the provisions of the Main Contract shall prevail, except where these Terms specifically state otherwise with respect to the subject matter herein.

By participating in the Spot Trade-in Program, you acknowledge and agree to the Terms.


APPENDIX 1

Classification System for “Spot Trade-In” Program

  1. A: The device is in perfect condition: no hardware defects, all components are original, no replacement has been made. The display is not damaged. It is allowed to have up to 3 small scratches on the body, which do not have a recess. The battery has up to 500 recharge cycles.
  2. B: The device is in good condition, no hardware defects. Components can be replaced for recovery purposes. There may be small scratches on the display and body, which do not have a recess, as well as point chips and abrasions on the body up to 1mm. The battery has up to 750 recharge cycles.
  3. C: Device with significant traces of use. Components can be replaced for recovery purposes. The touch screen is working properly, the display may have minor glare, deep scratches, a chip or a minor crack up to 5mm long. The oleophobic coating of the screen is damaged. The body may have deep scratches that have a recess, traces of blows, dents, chips, cracks up to 5mm and spots. A crack on the camera glass is allowed, which does not affect the quality of the photo. The battery has up to 1000 recharge cycles.
  4. D: The device shows signs of wear, aesthetically appearing as grades A, B, and C, possibly with cracked screen glass display or back cover glass. The display may have glare visible against any background, an afterimage in the working area of the screen, which appears only on a solid background, also a yellow or gray frame, peeling, dust under the glass. The body may be broken or deformed. One of the functions does not work or does not work correctly: Face ID, Touch ID, NFC, microphone, speakers, vibro or taptic engine, charging connector, keyboard buttons, volume, lock and silent buttons. The battery has over 1000 recharge cycles, doesn’t work or has system error.
  5. E: WiFi, Bluetooth, proximity sensor, Home button (for iPhone / iPad), main or front camera does not work correctly. A partial absence of an image, stripes on the screen, an afterimage that appears on any background is allowed. The sensor partially does not respond to pressing. The device spontaneously reboots or has traces of moisture.
  6. F: The device does not turn on, does not boot, does not pass activation, is blocked by an account or password, the condition of the display does not allow diagnostics, it is impossible to delete client data. Grade F devices are not redeemable by the Buyer.

The estimated cost of each unit of the Goods, which is assigned a corresponding grade, assumes the inclusion of all standard accessories provided by the manufacturer. If any accessories are missing, the price may be proportionally reduced.