TERMS AND CONDITIONS
This Trade In service (“Service”) will be managed and provided by the company World Business SRL, domiciled in Pompei, 80045 Naples, Italy, registered company with registration number IT07631861213, (hereinafter “World Business”), with e-mail address: OnePlus@mondoaffariweb.it.
ART. 1 - TERRITORIAL SCOPE AND PRODUCTS
1.1. This Program is reserved exclusively to natural persons of legal age, resident in the territory (“Territory”) of The UK, The Netherlands, France, Spain, Belgium, Italy, Ireland, Denmark, Sweden, Austria, Portugal, Finland, Poland, Greece, Romania, Hungary, Croatia, Lithuania, Slovenia, Estonia, Bulgaria, Luxembourg, Czech Republic, Slovakia, Latvia, Malta, Germany, Cyprus, (hereinafter “Customer/s”) who, as consumers, in accordance with European Consumer and User Protection law (Directive 2011/83/EU of the European Parliament), will purchase one of the products included in the OnePlus Online Store (“Product”) specified and available at oneplus.com or OnePlus Store App (“OnePlus Online Store”) and who have not yet exercised the right of withdrawal free of charge in respect of the Product purchased.
ART. 2 - PROGRAM CONDITIONS
2.1. OnePlus Online Store and its associated companies, including Reflection Investment B,V,, Unumplus Limited or their affiliates (“OnePlus”),are not part of the contract between the Customer and World Business, and the Customer shall not have any claim against OnePlus arising from a breach of the Contract by World Business, except for issues related to promotional coupons for the Service offered by OnePlus Online Store and its other affiliated companies or contractors responsible for the promotion. In this sense, OnePlus assumes no liability or warranty, either express or implied, for the use of OnePlus Online Store by the Customer, which exempts OnePlus from any claims and / or damages (direct or indirect) of any nature, which may arise from the use of OnePlusOnline Storeand World Business services, including, among others, transactions concluded or not concluded, as well as any claim or dispute between the Customer and World Business, except for the case indicated above.
2.2. The contract between Customer and World Business for the trade-in service is independent of the contract between Customer and OnePlus for the purchase of the Product. The cancellation, withdrawal, termination, or voidness of either contract will not affect the validity of the other contract,
2.3. The Service allows Customers to sell, in accordance with these Terms and Conditions, to World Business a used personal device (“Used Device”) at the time of purchasing a Product. Only models listed on the list found on the OnePlus Online Sore may be exchanged. The Customer agrees to submit his Used Device to an evaluation by World Business or its affiliated company or contractor in accordance with art.4 (hereinafter “Trade-in Value”). The said Exchange Value will be transferred by World Business to the bank account designated by the Customer and domiciled in the Territory.
2.4. The sale of the Used Device is made in accordance with these Terms and Conditions and, according to Directive 2011/83/EU of the European Parliament; in accordance with these, the Used Device will be subject to verification by World Business of all the requirements present in art. 4 onwards.
2.5. The Customer may deliver only one (1) Used Device for each Product purchased. When during the purchase process of a Product from the OnePlus Online Store, the Customer delivers one (1) Used Device to World Business, and after verification by World Business of compliance with the requirements set forth in art. 4 of these Conditions, the Customer will receive a money transfer for the amount of the Trade-in Value of the Used Device from World Business Srl, to the bank account designated by the Customer.
ART. 3 - PROGRAM MEMBERSHIP MODALITIES
3.1. In order to be eligible for the Service, Customers, when purchasing a Product from the OnePlus Online Store, must sell to World Business a Used Device from the list that can be found on the OnePlus Online Store.
3.2. Methods of membership
a. The Customer must access the OnePlus Online Store and choose the Product he/she wants to purchase. Before starting the purchase process, the Customer must select the intention to trade in their Old Device.
b. The Customer will be guided to a questionnaire where he/she must select the model of Used Device he/she wants to submit to the valuation expressed in Euro as currency, in order to know the Trade-in Value he/she will receive by purchasing a Product from the OnePlus Online Store and correctly delivering his/her Used Device, in accordance with the requirements set forth in art. 4, below.
c. After selecting the model of the Used Device, the IMEI code or serial number must be provided. In order to be eligible of the Service, Customers are obliged: to confirm the conditions of the Used Device; to read, know and accept these Terms and Conditions and also the Privacy Policy present in the online form. If these Terms and Conditions and the Privacy Policy are not accepted, it will NOT be possible to use the Service.
d. After the payment of the OnePlus Product, World Business will receive the Customer’s name, email and intention to trade in their Old Device.
3.3. Within 2 (two) business days (intended the days of the week from Monday to Friday) from the date of payment of the OnePlus Product, the Customer will receive, at the email address indicated, a specific request email from World Business to indicate the IBAN required to receive the payment. The Customer has 30 (thirty) calendar days from receipt of the specific request email from World Business to indicate the IBAN (the account to which the IBAN must be in the name of the Customer mentioned when ordering the Product) required to receive payment at the end of the evaluation process. After this period, the order will be cancelled, and it will no longer be possible to accept the device used. The payment details provided must t correspond to that of any European country participating in the SEPA zone, and which must remain active for the following 12 (twelve) months from the transmission. IBANs related to prepaid credit cards will not be accepted. Banking transactions will be operated in Euro as currency.
3.4. After receiving the bank details provided by the customer, World Business will send the customer a contract of sale of the Used Device, as well as a label to be included in the shipping packaging of the Used Device.
3.5. The Customer shall print out the sales contract received, fill in all blank sections and, once signed, with a handwritten signature, send it to World Business, together with the Used Device, as specified in art. 5 below, as well as in the participation confirmation email.
3.6. If the contract is not sent correctly signed, it will not be possible to use the Service. Furthermore, the order will be cancelled, and the Used Device will be left at the disposal of the Customer, who will have to pick it up at his own expense. Return costs are set as 27€. In case of non-collection, after 90 (ninety) days from the notification by World Business, the Customer will not be able to collect the Used Device any longer.
3.7. The Customer is recommended to print and carefully keep a copy of the receipt of the sales contract.
3.8. During the online registration phase, the Customer shall correctly fill in his/her personal data and all the necessary information to the company assigned to evaluate his/her Used Device. Requests for contractual changes regarding the Consumer such as name, bank details (IBAN), address, or his/her Used Device such as brand, model and memory size, IMEI, will not be accepted, under penalty of cancellation of the order.
3.9. If the data recorded by the customer as described in the previous point are not respected and/or are found to be incorrect, the customer will be notified that the product cannot be evaluated, and the return costs of the Used Device will be charged to the Customer. Return costs are set as 27€.
ART. 4 - USED DEVICE CHARACTERISTICS AND REQUIREMENTS
4.1. To be considered suitable for the Service, the Used Device must strictly comply with all of the following conditions:
a. It must be one of the devices present in the list of models found on OnePlus Online Store.
b. It must be fully technically functional meaning it turns on and work properly, connect to WiFi and Internet Service Provider, maintain battery charge, disconnect and reconnect, stay connected even without using the charger, maintain connectivity on the Internet network.
c. MUST BE THE SOLE AND EXCLUSIVE PROPERTY OF PRIVATE CUSTOMER (NOT LEGAL ENTITY ALLOWED). For example, contracted, leased, rented, leasing or similar devices are not permitted.
d. It must be classified according to its condition, in one of the following three (3) grades, affecting the Exchange Value:
GRADE A: Product in perfect condition with no visible marks of use or some light scratches (cannot be felt if you run your fingernail over them and cannot be seen from 30 cm) in addition with no detachments or dents.
GRADE B: Product in good condition, with obvious signs and marks of wear and tear: deep scratches (can be felt if you run your fingernail over them and can be seen from 30 cm), small dents, but no cracks anywhere on the phone.
GRADE C: Product with cracked casing or obvious signs of use: discoloration or changes in the paint, cracks anywhere on the phone, deep scratches.
e. The serial number and/or IMEI code must be accessible and must not have been altered or removed.
f. no signs of corrosion must be present on the headphone jack, SIM card slot or power port, and no liquid infiltration must be visible on the display.
g. It must not have been tampered with or repaired by an unofficial service technician (the Used Device must not have any visibly counterfeit parts and the Customer declares that he/she has not tampered with the Device or used unofficial repairers)
h. It must be reset to factory settings in accordance with art.5.3; IOS products with iOS operating system must be unlinked from iCloud accounts; or properly deactivated (Find My Iphone); Devices with operating systems other than iOS must, in any case, be unlocked and free from the accounts associated with them (see procedures in Annex A of these Terms and Conditions) and from the Android Device Manager application for used mobiles with Android operating system.
4.2. In case of partial fulfillment of the requirements, World Business reserves the right to re-evaluate the Value of the Exchange, and the Customer may reject the new proposal, according to the return conditions.
4.3. World Business reserves the right to check with the competent authorities whether the Used Device has been declared lost by third party, stolen and to check whether the device is not owned by the Customer. If any of these conditions might occur, World Business may retain the Used Device and hand it over to the appropriate authorities or act as the authorities indicate, and the Customer shall not be entitled to receive any Exchange Value.
ART. 5 - SHIPMENT OF THE DEVICE
5.1. Within 3 business days after receipt of the Sales Process Mail, the Customer will receive a shipping label. On the scheduled date, a DHL employee will pick up the Used Device free of charge at the address designated by the Customer.
5.2. The Used Device must be shipped according to the indications specified to the Customer in the Sales Process Mail, properly packaged and if the model is equipped with any auxiliary like PEN it is mandatory to send it together with the device.
5.3. Furthermore, it must be delivered without data, personal information, without password and with the original firmware. It is the Customer's responsibility to send the Used Device and its accessories in suitable packaging for transportation that will not be provided by World Business (in accordance with art.1. PACKING METHOD of Annex A) and to follow the instructions specified in the Sales Process Mail, as well as the instructions specified in Annex A of these Terms and Conditions.
5.4. The Customer, in order to protect its privacy, before shipping its Used Device, must delete all Google, iCloud or Microsoft accounts from the Used Device, restoring all factory defaults. In addition, the Customer must delete all contacts, calendars, photos, messages, call history, emails, SMS, videos, web browsing history and any other personal or confidential information stored on their Used Device, keeping only the original operating system. In addition, the Customer shall remove the Sim card and memory card, if applicable. Any personal or confidential data that the Customer has not removed from the Used Device will be completely erased and no copies will be stored on other memory devices. OnePlus and World Business are not responsible for loss of data contained on the delivered Used Device.
ART. 6 - EVALUATION OF THE DEVICE USED
6.1. Upon receipt of the Used Device, World Business will begin the Evaluation by analyzing the compliance of the Used Device with the requirements set forth in art. 4.
6.2. If the Used Device is classified as Grade indicated in the trade-in simulator, the payment of the amount due to the Customer will be made automatically. Otherwise, if the Used Device is classified with a different Grade, the Customer will be obliged to accept or not, within a maximum period of 30 (thirty) calendar days from the receipt of the e-mail with the result of the evaluation by World Business, the new Exchange value offered by World Business.
6.3. Within 60 calendar days from the receipt of the device, if the result of the Appraisal leads to the determination of an Appraised Value equal to the value indicated in the trade-in simulator, this indication will be given to the Customer of the Used Device by World Business, via email (“Final Email”) to the email address indicated during the purchase of the OnePlus Product and a bank transfer will be made to the Customer's bank account in Euro as currency at the estimated Appraised Value .
6.4. If, on the contrary, always within 60 calendar days from the receipt of the device, the Appraisal leads to the determination of an Appraised Value lower than the value indicated in the trade-in simulator, due to the fact that the Used Device does not meet all the requirements set forth in art. 4 (i.e. due to the fact that the situation mentioned in art. 4.2 occurs), the Customer will be informed by e-mail about the Appraised Value reached and will be asked to confirm its acceptance.
6.5. The Customer has 30 (thirty) calendar days, from the receipt of the e-mail with the result of the evaluation by World Business, to accept or reject the value of the quotation, under penalty of cancellation of the order.
6.6. The Customer may accept the Appraised Value or request the return of the Used Device by email within 30 (thirty) calendar days from the date of communication of an Appraised Value lower than grade indicated in the trade-in simulator. In case of a return request, shipping costs will be borne by Customer within 45 days and device will return to the customer via courier.
6.7. To complete the sale of the used Device, all information submitted must be true and the accessory of the used Device (e.g. PEN) must be sent together with it. It will not be possible to send missing items or other documentation after shipment of the Used Device.
6.8. If World Business receives a Used Device whose illicit or lost origin has been verified, this information will be communicated to the competent authorities by making the Used Device available to them.
ART. 7- PAYMENT OF THE EXCHANGE VALUE
7.1. From the date of receipt of the used device, World Business will evaluate it and make the final payment to the Customer within 60 (sixty) calendar days. Eventual costs related to bank commissions will be borne by the Customer.
7.2. It is the Customer's responsibility to ensure that he/she has communicated the correct IBAN in the act of purchase of the Product and this IBAN is accessible for twelve months from the request of the service. If the IBAN data is not correct, the credit will not be issued. It is necessary that the account to which the IBAN code refers is in the name of the Customer to whom the personal data entered refers to.
7.3. In case of error made for the sharing of the IBAN, the Customer may request the return of the Used Device at his own shipping costs expense.
ART. 8 - OTHER INFORMATION
8.1. The Customer declares to know the value of the Used Devices related to the different GRADE classifications (A, B, C). If the device used is classified as Grade A, the payment of the amount due to the Customer will be made automatically. Otherwise, if the device used is classified with a different GRADE (e.g. B, C), the Customer shall be obliged to accept or not, within a maximum period of 30 (thirty) calendar days, the new quotation for the value offered by World Business.
8.2. All communications related to this Program will be made by email specified by the Customer. It is therefore the Customer's responsibility to ensure that the personal data communicated are correct and useful; otherwise, the Customer will not be able to continue using the Service. It is the Customer's responsibility to monitor communications relating to the Service. Some e-mails may classify these addresses as SPAM, so it is advised to regularly check junk and/or SPAM mailbox. OnePlus and World Business shall not be responsible for the non-receipt and/or non-reading of communications sent by e-mail which may be due to e-mail problems or other problems not attributable to OnePlus and/or World Business.
8.3. In case of proven falsity of the data entered in the various steps described in the preceding articles, the participation will be considered void. In such cases, World Business will return the Used Device received to the Customer and the shipping costs will be borne by the Customer.
8.4. All attempts of abuse and fraudulent use of the Service may be legally sanctioned.
8.5. OnePlus and/or World Business do not assume any responsibility for events not attributable to them, such as, for example, access, impediment, malfunction or difficulties due to technical tools, computers, cables, electronics, software and hardware, transmission and connection and telephone line, which could prevent the Customer from using the Service, as well as in case of fraudulent use of the serial number by third parties.
Art. 9 - PROCESSING OF PERSONAL DATA
9.1. The management of the Service requires the processing by World Business (or any of its own partner) of the personal data provided by the Customer. This data will be processed in accordance with the current regulations in Europe regarding the Protection of Personal Data, the European GPDR regulation and the provisions of the Privacy Policy, which is part of these Terms and Conditions, and that the Customer claims to know and accept. The purpose for which the personal data collected is stored is the management of the Used Device sale process. The data provided will never be used for any purpose other than that described above, being immediately cancelled when they are no longer necessary for that purpose.
9.2. To participate, the Customer declares to have read, understood and accepted the Privacy Policy associated with the Service.
Art. 10 - Cases of force majeure
10.1 When an event or event occurs beyond the reasonable control of World Business and/or OnePlus (Force Majeure), neither World Business nor OnePlus cannot be deemed responsible or to respond for breach of any of the obligations under this contract.
10.2 Force majeure means any act or omission, event or accident, beyond the will or reasonable control of OnePlus and/or World Business, including in particular (but not limited to) the following:
a. labor disputes related to the activities of OnePlus and World Business, such as strikes or blocks / lock -out;
b. state of war, whether declared or not, rebellions or riots;
c. natural disasters, such as fires, floods and earthquakes, epidemics; inability to use any means of transport, public or private such as rail, sea, air, land, road;
d. inability to use or shut down public or private communications networks and services;
e. acts, resolutions, legislation, regulations or restrictions imposed by authorized public authorities;
f. situations of danger to human health such as epidemics or pandemics.
Compliance by World Business and/or OnePlus with the obligations arising from the Service shall be suspended for the duration of the Force Majeure Case.
Art. 11 - LEGISLATION AND JURISDICTION
All complaints or disputes arising from compliance with these Terms and Conditions (including non-contractual disputes) are subject to Italian law. This is without prejudice to any other rights of protection that the consumer may have under its own national legislation.
Any dispute or controversy arising from the application, interpretation or enforcement of these Terms and Conditions, where it cannot be resolved with the agreement of the parties, shall be submitted, to the fullest extent permitted by law, to the Italian Courts. Customer may enforce its consumer protection rights according to its own national legislation.
ANNEXES
INSTRUCTIONS FOR THE CORRECT PACKAGING OF THE DEVICE USED AND FOR DISSOCIATING THE DEVICE FROM GOOGLE, ICLOUD, MICROSOFT ACCOUNTS
1. METHOD OF PACKAGING
To ensure high quality service and safety, it is recommended to take small precautions for a correct shipment of the Used Device, to avoid damage or breakage during transport:
- Use containers perfectly intact (boxes reused several times do not offer adequate guarantees of protection) and, if possible, without distinctive signs/labels.
- Use rigid cardboard boxes with intact corners and dimensions suitable for the product to be packed.
- Protect items included in the package with a coating that wraps them separately (e.g., polystyrene, bubble wrap) and do not use twine or paper to wrap the Used Device.
- Check that the product does not move within the package.
- Seal the box with resistant adhesive tape.
World Business cannot be deemed responsible for the non-application by the customer of the good practices described above and decline all liability for any damage resulting from incorrect packaging of the Used Device made by the customer.
2. FINALPROVISIONS
- Make sure you have made a proper backup of your data (contacts, images, downloads, java applications, games or any program installed after purchase).
- Include all removable batteries. When including them, the following sentence should be added to the shipping package “Lithium-ion batteries according to PI 967 section II (4 cells /2 batteries or less)”.
The purpose of this sentence is to alert the recipient of the presence of a lithium-ion battery in the package, which is especially important for air shipments. For more information, see the IATA guidelines for shipments of dangerous goods.
3. HOW TO SEPARATE YOUR DEVICE FROM GOOGLE,ICLOUD,MICROSOFT ACCOUNTS
A) Unlink the Google Account
From the smartphone
1. Go to settings --- Accounts
2. Delete the Google account configured on your device.
Reset factory settings Online
1. Access https://myaccount.google.com from any device connected to the Internet;
2. In the “Access and Security” pane, click the START button in the box “Verification of safety”;
3. Click “Verify connected devices”, which will give you access to the list of all devices associated with the account;
4. Go to security.google.com/settings/security/activity? pli=1;
5. Select the device you want to unlink;
6. Click the DELETE button. Confirm again in the pop-up window that will appear.
B) To unlink your device from iCloud, iTunes Store, and App Store
On iOS 10.3 or later:
1. Press Settings > [its name].
2. Scroll down and click Log Out.
3. Enter your Apple I D password and press Disable.
4. Go back to Settings.
5. Tap General > Reset > Delete content and settings.
On iOS 10.2 or earlier:
1. Tap Settings > iCloud.
2. Scroll down and click Sign Out > Sign Out.
3. Tap Delete from iPhone and enter your password.
4. Return to Settings.
5. Tap General > Reset > Delete content and settings.
If you paired an Apple Watch with your iPhone, Apple Watch ends.
1. Backup the device.
2. Log out of iCloud and iTunes Store and App Store.
If you use iOS 10.3 or later, tap Settings > [your name]. Scroll down and tap Sign out. Enter your Apple ID password and press Disable.
If you use iOS 10.2 or earlier, tap Settings > iCloud > Log Out. Tap Log out again and tap Delete from my [device] and enter your Apple ID and password. Then go to Settings > iTunes and App Store > Apple ID > Logout.
3. Return to Settings and press General > Reset > Delete Content and Settings. If you turned on Find My [device], you may need to enter your Apple ID and password.
4. If prompted for the device code or restriction code, enter it. Then click Delete [device].
C) To unlink a device from your Microsoft account
1. Log in with your Microsoft account in account.Microsoft.com/Dev ices/Content.
2. Find the device you want to remove and select Unlink.
3. Review device details and select Unlink.
