These Terms will apply to any contract between Brightstar Asia Limited., a company registered in Hong Kong and with registered office at 23 Man Lok Street, Gemstar Tower 16/F Units A&B Hung Hom, Kowloon, Hong Kong (referred to herein as “us”, “our” and “we”) for the trade in of Devices by you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before trading in any Devices via our Site. Please note that before trading-in a Device by placing an order on our Site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to trade-in any Devices via our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to trade in Devices, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on 23/04/2018.
Information about us
- We offer the Site as part of the Samsung Trade Up (HK) programme (the “Programme”).
- Whilst the Programme includes the trade in of Samsung Devices, the trade-in, reuse and recycling service of the Programme is provided by us as an independent third party. SAMSUNG ELECTRONICS H.K. CO. LTD. and its affiliates and subsidiaries (collectively “Samsung”) are not party to the Contract between you and us and you shall have no right of action against Samsung for any breach of a Contract.
- Samsung hereby disclaims and excludes any and all warranties of any kind, express or implied. By using the Site and participating in the Programme, you hereby release Samsung and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of the Site and our services, including, without limitation, incomplete or completed transactions and any claims or disputes between you and us.
- We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions and we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
- Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Site.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorized use or misuse of your password.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
- We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.
- When using our Site, you agree that you will use our Site only for lawful purposes.
- Specifically, you may not use our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and/or
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree not to:
- reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;
- use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from our Site; and/or
- attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
- A breach of clause 2.10(c) may result in you committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
- Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by us of or any affiliation between us and that third party or the Devices or services that they offer. You acknowledge and agree that we are not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, Devices, services, or other materials on or available from such sites.
How we use your personal information
- It is your responsibility to:
- Remove your sim card (the “SIM”) and memory card before we collect your Device from you. The SIM and memory card can contain private information, and may enable unauthorized use of your network access. If you fail to remove the SIM and memory card, subject to clause 13.2, you agree to release us from all claims, losses or damages with respect to the use of the SIM and memory card arising before, or after receipt by us of your Device. Any SIMs and memory cards received by us are non-returnable;
- Remove any personal file and data, whether in the form of personal details, SMS, photos, games, songs or other data, (the “Data”) from the Device; and
- Switch off the activation lock or equivalent feature on your Device.
- By sending your Device to us, you agree to release us from all claims, losses or damages with respect to the SIM, and memory card, Data or Device. Subject to clause 13.2, we accept no responsibility in relation to the security, protection, confidentiality or use of such Data, the SIM or memory card.
- It will not be possible for you to obtain any Data or other content from the Device, whether stored on the Device, SIM or memory card, once it has been sent in to us.
- You agree that you have the sole responsibility to keep a separate backup copy of any Data before sending your Device to us; and that you have taken all reasonable steps to eliminate and delete Data that is deemed personal or confidential. Data recovery is not a part of the trade-in, reuse and recycling service and subject to clause 13.2, we and Samsung accept no responsibility or liability for any lost Data.
Consumer representations and warranties
- By placing an order through our Site, you warrant that:
- you are accessing our Site from Hong Kong;
- you are legally capable of entering into a binding contract;
- you are at least 18 years of age or if you are under 18 years of age, you have obtained your parent’s or guardian’s consent to trade in your Device;
- you are not a business or acting in the course of a business; and
- you or your parent or guardian (as the case may be) release us of any liabilities or claims that may arise if you send the Device to us in breach of this warranty.
- Your statutory rights as a consumer are not affected by this Contract.
Our right to vary these Terms
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
- Every time you trade in Devices via this Site, the Terms in force at the time of your trade in will apply to the Contract between you and us.
- We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; and/or
- a change in our business practice.
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel in respect of all of the affected Devices. If you opt to cancel, you will have to return any monies (or other consideration) you have already received.
- We can only arrange for collection of Devices from within Hong Kong.
Valuing your Device
- You are required to download and use the Samsung Trade Up (HK) application developed and licensed by Yougetitback Limited (trading as Inhance Technology) (“Application”) from Google’s Play Store or Apple’s App Store. The Application will assess the overall condition of your Device and generate an indicative service decision and as estimate for the monetary value of your Device. You warrant that you will accurately describe the condition of your Devices so that we are able to accurately provide an initial quotation for your Device based on the estimate for the monetary value of your Device generated by the Application (the “Original Quotation”), subject to clauses 8 and 9 below. The Original Quotation will be valid for a period of 14 days from the date it is issued to you (“Initial Period”). In the event the Original Quotation expires before we receive your Device, you may contact us by emailing to HK.SamsungTradeUp@firstname.lastname@example.org to extend the validity of the Original Quotation within the Initial Period by a further period of 7 days from the end of the Initial Period (“Quote Validity Period”).
- We accept accessories such as chargers and headsets but these do not increase the value of your Device.
- You must ensure that we are in receipt of the Devices within the Initial Period or Quote Validity Period as appropriate. If we are not in receipt of a Device with the Initial Period or Quote Validity Period as appropriate, the Original Quotation will expire.
- Upon receipt of your Device, we will carry out an Inspection (as defined in clause 9.1). If we find any incorrect or inaccurate Device descriptions during the Inspection, we reserve the right to re-evaluating our Original Quotation and provide you with a Revised Quotation (as defined in clause 9.4), subject to clauses 8 and 9 below.
Lost, Stolen and Fake Devices
- For the purposes of these Terms “Fake” Devices are counterfeit Devices which are manufactured to resemble Devices made by another company in breach of the intellectual property rights of the genuine manufacturer.
- In the case we are notified or suspect that the Device is either lost or stolen, we may request further proof of ownership of the Device. Additional proof of ownership may include, but is not limited to, receipts, tax invoices or carrier receipts. In the event that there is insufficient proof of ownership, the Device may be returned to you, or to the relevant authorities.
- We may work with a number of agencies and service providers to enable us to check the IMEI of all Devices that are sent to us to confirm that they are not stolen. We may do this prior to confirming purchase. However, in the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we make such a request.
- We will make no payments to customers for Devices received which are either lost, stolen or Fake.
- We reserve the right to inform the relevant authorities if there is any suspicion that there is a deliberate attempt to perpetrate a fraud. We reserve the right to reclaim any money paid to you if it is discovered within three months of the trade in of that Device that the Device has either been reported as lost or stolen, or the Device is discovered to be a Fake.
Inspection and Revised Quotation
- Once your Devices have been received by us, we will inspect the Device to check to see if it complies with the description that you provided to us originally (the “Inspection”).
- The Inspection will focus on, amongst other things, the model and condition of the Device, the country of origin of the Device as well as the total number of Devices received by us. If the model, condition and/or origin are different to your original description, the Original Quotation will be adjusted in accordance with clause 9.4 below. Should our Inspection reveal that you have sent us a different model than the one that we provided an Original Quotation for, we will offer an amount for the different model based on the price displayed on the Site on the day that we are in receipt of the different model (subject to the condition of the Device).
- We will have sole discretion in determining the appropriate condition, the model, the country of origin and price of the Device.
- We will contact you via email or text to confirm the amount we will offer for such Device as adjusted, if necessary, by these Terms (the “Revised Quotation”). You will have 14 days from the date that we have sent the email or text in which to accept the Revised Quotation provided that we cannot be held responsible for the non-delivery of emails because of spam email or junk filters. If you:
Please allow for up to 10 working days to receive your returned Device. If for any reason we cannot send you back your original Device then we will be obliged to make payment for the Original Quotation (except to the extend such failure to send back the original Device to you has resulted from any act or omission of you).
- choose to decline the Revised Quotation within the 14 day period which has been provided because the condition of the Device is different to your original description, you may ask us to return the Device to you at no additional cost to you;
- choose to decline the Revised Quotation within the 14 day period which has been provided because the country of origin of the Device is different to your original description or for any other reason, you may ask us to return the Device to you at your cost. We will provide the applicable cost to you upon request and which must be paid before we return the Device to you; or
- do not reply within 14 days of us sending the email or text, we will pay you the Revised Quotation.
- Under no circumstances can Devices be returned by us to you after the expiry of the 14 day period detailed in clause 9.4.
- Additional accessories that have been sent in with your Device which have not been requested by us cannot be returned to you.
How the Contract is formed between you and us
- Nothing on this Site constitutes an offer by us to sell or purchase any goods or services.
- Sending Devices to us shall constitute an offer by you to sell such Devices to us in return for the Original Quotation (“Your Offer”). However, please note that this does not mean that Your Offer has been accepted. Therefore we may, in our sole discretion, refuse to accept Your Offer for any reason. Our acceptance of your Offer will take place as described in clause 10.3. We may also, in our sole discretion, cancel any trade-in order you place on the Site in which case the Devices relating to the order will not be collected by us.
- No Contract will be formed until either:
- we accept Your Offer, by paying to you a sum equal to the Original Quotation; or
- you have accepted our Revised Quotation and we make a payment to you of a sum equal to the Revised Quotation, within the time frame set out in and in accordance with this Contract.
Pricing and Payments
- We initiate payments to you through bank transfer within 3 working days after receipt subject to your device having passed the Inspection.
- Prices offered on our Site are subject to change at any time without notice.
Title and Risk in Devices
- Title in the Device(s) shall pass to us on completion of the payment to you for such Device(s) at which point you disclaim any further right, title or interest in and to the Device or any items contained therein.
- You must own all rights in any Device(s) that you send to us. By placing your trade-in order you declare that you are the true and rightful owner of, and have good title to, the enclosed Device(s) and as such, you confirm that you are legally authorized to sell or dispose of the Device(s) at your own discretion.
- Subject to clause 12.4, risk in the Device(s) shall pass to us once the Device is received by us via the courier service that we use to collect the Device from you.
- Whilst the Devices are in transit from you to us the following shall apply:
- for each Device that we collect from you, you shall ensure that you sign the collection document provided by the courier service personnel acknowledging the collection of the Device; and
- our total liability to you in respect of all losses arising in connection with the loss or damage to a Device or Devices whilst in transit, shall in no circumstances exceed the value of the Original Quotation; and
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded by law.
- Subject to clause 13.1, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The trade-in, reuse and recycling service is provided for lawful purposes only, and you agree to indemnify us from and against any claims brought against us arising from performing our obligations under a Contract or for any breach of these Terms by you.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as such phrase is defined in clause 15.2).
- An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any monies you have already received and we will return any Devices relating to such monies.
Communications between us
- When we refer, in these Terms, to "in writing", this will include e-mail.
- You may contact our customer service team at +852 2980 8049 or by e-mailing us at HK.SamsungTradeUp@Brightstar.com. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- The provisions of this clause 16 shall not apply to the service of any proceedings or other documents in any legal action.
Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
- You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Other important terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These Terms are governed by the laws of Hong Kong. This means a Contract for the trade in of Devices through our Site and any dispute or claim arising out of or in connection with it will be governed by the laws of Hong Kong.
- We and you both irrevocably agree that the courts of Hong Kong and courts of appeal from them shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).