By participating in the Newegg trade-in program (the “Trade-In Program”), you agree on behalf of yourself and all members of your household and others who use the Trade-In Program under your account to these terms and conditions (collectively, “Trade-In Terms”). Please note that your participation in the Trade-In Program is also governed by all other applicable terms, conditions, limitations, and requirements on the Newegg.com website, all of which (as changed over time) are incorporated into these Trade-In Terms. Please read these Trade-In Terms carefully.
General Terms
- You acknowledge and agree that Newegg may, in its sole discretion, reject or limit the quantity of trade-in devices to be traded in under the Trade-In Program. If Newegg rejects any trade-in device because you have exceeded Newegg’s limit on the number of items that you may trade-in and you elect to have the trade-in device returned to you, Newegg reserves the right to (1) require you to pay the return shipping costs; or (2) recycle the trade-in devices without compensation to you if you do not respond with payment for return shipping costs within 3 days of being contacted by Newegg. You agree that all determinations of Newegg with respect to trade-in and credit value assigned to the trade-in device after its inspection are made in Newegg’s sole discretion, will be accepted as final, and are not negotiable.
- Trade-in devices you submit for trade-in through the Program must be shipped only from the United States, and you must have a physical address located in the United States. Products shipped from outside the United States may not be accepted or returned.
- You must back up all personal data on your trade-in device before shipping. You are solely responsible for removing all data, including confidential and personal data, from the device prior to shipping. Newegg does not accept any responsibility or liability for any lost files or data. If a data storage system is discovered in a device, it is destroyed upon acceptance of the device.
Changes
Newegg reserves the right to make changes to these Trade-In Terms at any time. Each time you wish to participate in the Trade-In Program, you should review the then-current Trade-In Terms. Newegg may terminate the Trade-In Program at any time, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued participation in the Trade-In Program after the effective date of any revisions constitutes your acceptance of the terms.
Terms and Payment Process
Accepted trade-in devices may be paid for with a Newegg Gift Card(s) issued for the value of your trade-in device (subject to adjustments by Newegg based on its inspection and these Trade-In Terms). If your trade-in submissions qualify for a limited-time promotional credit off of a qualifying purchase for a qualifying item, Newegg may issue the promotional credit value to the method of payment you used in your purchase of the qualifying item.
You will not receive any payment for items that are not received by Newegg. If at the time of purchase of any device you are submitting for trade-in, you elected to pay for such trade-in item in monthly payments, any remaining payments must be paid in accordance with the monthly payment offer terms regardless of whether your item is accepted for trade-in.
In some cases, this Trade-In Program may not be combined with other offers.
Trade-In Value
Newegg cannot confirm the trade-in value (TIV) of a device until we receive your trade-in. Despite Newegg’s best efforts, a small number of the items in our catalog may display an inaccurate TIV. If the correct TIV of an item is lower than the stated TIV, we may, at our discretion, either contact you for instructions on whether you wish to submit the trade-in at the correct TIV or cancel your trade-in and notify you of such cancellation. If your trade-in is cancelled due to an incorrect TIV, we will return the item to you at no additional cost. You will not receive any payment for the returned item.
Working Condition Upon Arrival
You agree that you are providing the trade-in device to Newegg in working condition, and you shall be solely responsible for the arrival condition of the trade-in device at Newegg’s facilities. It is important that you carefully package the trade-in device to ensure that the trade-in device is delivered to Newegg without any damages as those damages are your responsibility.
Rejection
While Newegg reserves the right to provide you with an updated TIV quote, trade-in devices failing to meet Newegg’s inspection or otherwise unacceptable for any of the reasons listed below will be rejected (“Rejected Items“). You will not receive any payment for Rejected Items and such items will be returned to you, subject to the following exceptions:
- Newegg will not return the following Rejected Items to you: Undeliverable or Counterfeit items. Newegg will dispose of Undeliverable or Counterfeit items in its sole discretion.
- “Undeliverable” items are Rejected Items that Newegg attempted to return to you, but were returned by the carrier back to Newegg as undeliverable.
- “Counterfeit” items are Rejected Items that match the exact version displayed in your Trade-In submission, but are counterfeit reproductions of the originals.
- Newegg may, in its sole discretion, dispose of or return to you the following Rejected Items: Extra, Damaged, or Incomplete items.
- “Extra” items are Rejected Items received by Newegg but not on the trade-in list.
- “Damaged” items are Rejected Items that match the exact version displayed in your original Trade-In submission, but are not in an acceptable condition, as determined by Newegg in its sole discretion.
- “Incomplete” items are Rejected Items that are missing any required components that were included with the original item.
- Newegg may, in its sole discretion, dispose of, accept or return Incorrect trade-in items.
- “Incorrect” items are Rejected Items that do not match the exact version displayed in your original Trade-In submission.
- If the Incorrect item is eligible for trade-in, we may provide you with a Newegg Gift Card(s) in the amount of the TIV for the Incorrect item instead of disposing of or returning the Incorrect item to you (subject to adjustments by Newegg based on its inspection and these Trade-In Terms).
- We may not return items to you if the number of Rejected Items received from you reaches a limit that is determined by us in our sole discretion.
Newegg reserves the right to require payment of the return shipping costs before returning any Rejected Items or trade-in devices to you.
Trade-In Device Shipping and Promotional Offers
You agree to ship the trade-in device to the address provided so that it ships within 14 days of accepting the estimate. If the Item is not shipped within 14 days of the date on which the estimate was provided to you, then Newegg has the right to revise or withdraw the estimate for the trade-in value of the trade-in device. In addition, any promotional offers may no longer be valid, depending on the terms of the promotional offer, if the trade-in device is not shipped to Newegg within 14 days of the date on which the estimate was provided to you. The terms and availability of promotional offers may vary.
Costs of Packaging and Shipment
Newegg will provide you with a prepaid shipping label for the shipment of your trade-in device to Newegg. Depending on your device, you may also receive a return kit to mail in your device. You agree that you are solely responsible for all costs associated with the packaging of the trade-in device for shipment to Newegg and, if applicable, the shipping and handling costs to return the trade-in device to you.
Termination
Newegg may terminate your participation in the Trade-In Program at any time in our sole discretion, including without limitation if you submit items for trade-in that do not meet the condition criteria you specify or are counterfeit or stolen. Newegg may also suspend or terminate the Trade-In Program at any time without notice to you. Newegg’s failure to insist upon or enforce your strict compliance with these Trade-In Terms will not constitute a waiver of any of Newegg’s rights. If you are purchasing an item with a companion Trade-In submission and the item purchase is voided for any reason, the related Trade-In submission will also be voided.
Title and Risk of Loss
You represent and warrant that you have the legal right to sell all devices you submit for trade-in using the Trade-In Program, that the devices are not counterfeit or stolen, and that your submission of them complies fully with the Trade-In Terms. Newegg does not take title to or assume risk of loss for devices submitted for trade-in unless we receive and accept such devices.
Final Transaction and No Rescission
You acknowledge and agree that the trade-in transaction is final and cannot be cancelled or rescinded by you after your trade-in device is received and accepted by Newegg, unless Newegg contacts you to provide notification that your description of the trade-in device was inconsistent with Newegg’s assessment of your trade-in device.
Transfer of Ownership
Upon receipt and acceptance of the trade-in device by Newegg, you hereby agree to transfer all right to and title in the trade-in device to Newegg, in exchange for the TIV quoted to you.
Disputes and Applicable Law
Any dispute or claim relating in any way to your use of any Newegg Service will be adjudicated in the state or Federal courts in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By participating in this Trade-In Program, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Trade-in Terms.
Disclaimer
WITHOUT LIMITING NEWEGG’S EXISTING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TRADE-IN VALUE OF YOUR SUBMISSION. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF ANY TRADE-IN SUBMISSION BY YOU.
Release of Liability
To the extent permitted by applicable law, you hereby release Newegg, its subsidiaries and affiliates, from and against any liability arising out of or related to the transfer of the trade-in devices, including but not limited to any liability related to the shipment of the trade-in devices, the deletion or non-deletion of any data or files from the trade-in items, the evaluation and assessment of the trade-in devices (and the corresponding trade-in valuation) made by Newegg, and the non-availability of the trade-in devices after it has been accepted by Newegg.
Reporting and Sharing Information
Newegg may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. You acknowledge that Newegg reports information regarding the trade-in transaction, including your personally identifiable information, to law enforcement agencies and electronic reporting services used by law enforcement and government agencies in those jurisdictions in which it is required by law to report, and engages in voluntary reporting of certain information in other jurisdictions. For more information on our privacy practices, please review the Newegg Privacy Policy. We may call you at the number you provided regarding your trade-in transaction. Calls may be live or pre-recorded and made via automated dialing system. By providing your number, including a wireless number, I consent to Newegg contacting me. Voice and data rates may apply.