Terms of Sale Agreement
ltd. ("Matrixpreowned") offers services (the "Matrixpreowned Services")
through which you can (i) sell certain consumer devices (the
"Products") after receiving an "offer" from Matrixpreowned by
identifying your Product and its condition and completing check-out on
the Matrixpreowned Websites (each transaction, a “Trade-In”) and (ii)
buy Products (each sale, a “Purchase”). You must agree to abide by the
following terms in order to use the Matrixpreowned Services and/or the
SETTING UP AN ACCOUNT, OR BY USING MATRIXPREOWNED'S WEB SITES, YOU
SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY
BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE
MATRIXPREOWNED WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY
EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
Matrixpreowned reserves the right to terminate or suspend your use of the Matrixpreowned Websites and/or the Matrixpreowned Services if you do not comply with this Agreement or any other Matrixpreowned policy or procedure, or for any other reason we determine, in our sole discretion.
1. About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through Matrixpreowned and (ii) any Product you purchase from Matrixpreowned. These terms, the terms that govern your use of Matrixpreowned’s web sites, the Matrixpreowned Services and any and all applications included therein, which terms are located at https://sapphirevirtual.com.ng/index.php?route=information/information&information_id=5 and conditions, the terms of Matrixpreowned’s privacy disclosures located at https://sapphirevirtual.com.ng/index.php?route=information/information&information_id=3 and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Matrixpreowned (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "Matrixpreowned," "we" or "us" means Matrixpreowned and its affiliates and subsidiaries.
2. Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with Matrixpreowned, you must:
(i) Create an account with us (Trade-In transaction only);
(ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from us;
(iii) Comply with all terms and conditions of this Agreement;
(iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below;
(v) Transact on behalf of yourself and not on behalf of others; and
(vi) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products in connection with a Trade-In, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address). On Matrixpreowned’s behalf, Interswitch will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your voucher code). Matrixpreowned will not receive or store your credit card information.
Matrixpreowned shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from Matrixpreowned and Matrixpreowned is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself:
(a) we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address, and
(b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities in accordance with applicable law.
The following terms also apply to any Purchase transaction:
i. Credit Card – Your credit card will be charged by Matrixpreowned when your order is placed, unless you choose to pay with your voucher code.
ii. Shipping - Shipping is not free for orders placed outside Lagos state Nigeria unless during special promos. Matrixpreowned provides fixed, leveled prices associated with ground, expedited, and next day shipping. Shipping is provided by DHL.
iii. Returns - Matrixpreowned offers a 7-day domestic return policy which commences on the delivery date, as reported by the shipping carrier. If free return shipping applies to a purchase, it is only valid within the specified period and customer will be expressly informed via email and voice call based on the original delivery address and is provided via DHL. The cost of any return without this condition your responsibility.
iv. Exchanges – Subject to availability, Matrixpreowned will accept Products for exchange provided such exchange is completed following the standard voucher purchase and redemption process within thirty (30) days of the date of the original Purchase.
v. Consumables - Parts and Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by Matrixpreowned unless and until separately offered and purchased.
vi. Product Pricing - Matrixpreowned regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the Matrixpreowned Website and third-party marketplaces like eBay or Amazon or Konga.
vii. Product Availability – Products are not guaranteed to be available until the order for Purchase is accepted by Matrixpreowned and confirmed on the applicable Matrixpreowned Website. Notwithstanding the foregoing, Matrixpreowned reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason.
viii. Out-of-Stock Products – If Matrixpreowned no longer carries a Product that is sent in for replacement, or if that Product is simply out of stock, you will be notified via email of two options: 1) Matrixpreowned can send you a comparable replacement item, or 2) Matrixpreowned can issue you a refund at the current market value of the Product. A current-market-value refund may not exceed the original purchase price. If the item is returned within 30 days of the original invoice date, a full refund will be issued.
ix. Maximum Product Quantity – Matrixpreowned may not permit more than three (3) Product purchases per transaction. If you are interested in purchasing a greater quantity, please contact Customer Care.
x. Partial Order Fulfillment – If an order can only be partially filled, all available Products will ship and Matrixpreowned will reimburse the different to the original method of payment.
xi. Technical Support – Matrixpreowned can provide technical or other support in connection with any Product offered for sale. You are responsible for additional cost for logistics and service after exceeding warranty period on items purchased.
3. Product Eligibility. Matrixpreowned determines, in its sole discretion, which Products are eligible for purchase or sale by or through the Matrixpreowned Services and Matrixpreowned Websites and for which eligible Products Matrixpreowned will provide an offer or sell. Matrixpreowned may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days, except as set forth in Section 9 below. Matrixpreowned reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Matrixpreowned at any time prior to delivery of the Product to You.
4. Condition Defined for Trade-In and Purchase. Matrixpreowned uses three (3) basic Product conditions to grade Products for Trade-In, ranging from "Excellent" or “Good” to "Bad” Conditions can vary widely between categories and types of Products. Broadly, Matrixpreowned's Product definitions are as follows:
Excellent: the item looks like it has never been used and is 100% functional.
Good : the item has visible signs of use, but is otherwise 100% functional.
Bad: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts).
The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the Matrixpreowned Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Matrixpreowned's discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting Matrixpreowned’s customer care.
5. Product Valuation. All offers will be based on Matrixpreowned's own determination of the Product value in reliance on the accuracy of the information you supply us. Matrixpreowned will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to Matrixpreowned at the offered price. If you do not accept Matrixpreowned’s offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
6. Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to Matrixpreowned and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in “Broken” condition). The Products and the sale and shipment of such items to Matrixpreowned:
(a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below,
(b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and
(c) shall not be counterfeit, stolen, or fraudulent.
You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Matrixpreowned Services, you agree to indemnify Matrixpreowned from all claims or losses sustained by Matrixpreowned as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Matrixpreowned. Matrixpreowned is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
7. Sending Matrixpreowned Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by Matrixpreowned in the package you received. For Trade-In, this may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a revised offer.
8. Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us for Trade-In. Likewise for Products you Purchase from Matrixpreowned and returned to Matrixpreowned in accordance with these Terms, you agree to remove any such data prior to returning the Product to Matrixpreowned. Matrixpreowned’s standard practice is to remove all such data from the Product; however, Matrixpreowned makes no guarantee that it will do so. By sending Matrixpreowned the Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Matrixpreowned (whether in connection with a Trade-In or a Purchase), or for such data's security, integrity, confidentiality, disclosure or use. Matrixpreowned is not responsible for:
(a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or
(b) any loss of data after you submitted the Product to us.
9. Product Inspection; Offer Recalculation. Your Trade-in Product must be received by Matrixpreowned within thirty (30) days after you accept the original offer provided by Matrixpreowned and complete the check- out process on the Matrixpreowned Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by Matrixpreowned should be followed in order to avoid possible damage to or loss of the Product in transit. Matrixpreowned will inspect all Products that are received. Matrixpreowned has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit.
Matrixpreowned rejects the Product for any of these reasons, the
original offer automatically expires and is rescinded. Matrixpreowned
reserves the right to revoke the original offer and provide a revised
offer for the Product if:
(a) the Product and/or materials are not as described,
(b) the Product is received by Matrixpreowned after the Delivery Period, and/or
(c) Matrixpreowned receives Product(s) that are different from those identified when your offer was calculated.
As described above, Matrixpreowned typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days). Matrixpreowned always reserves the right to recalculate the original offer price and provide a revised offer for the Product. If you elect not to accept the recalculated offer price, your Product will be returned to you at your own cost.
10. Recalculated Product Offers after Inspection. In the event Matrixpreowned recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Matrixpreowned will return the Product to you at the address from which it was originally sent. Matrixpreowned will give you a period of three (3) days after Matrixpreowned presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). Matrixpreowned will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
11. Releasing Rights to Product. Once you send Matrixpreowned your Product for Trade-In, Matrixpreowned cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if Matrixpreowned rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
12. Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to Matrixpreowned for Trade-In until delivery of the same to Matrixpreowned. You are responsible for any damages that may occur to your Product while in transit. Matrixpreowned is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Matrixpreowned returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Matrixpreowned delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
If you return a Product to Matrixpreowned that you Purchased, you are responsible for the risk-of-loss for the Product until Matrixpreowned receives the Product. You are responsible for any damages that may occur to the Product while in transit back to Matrixpreowned.
13. Passing of Title. Title to the applicable Product sent to Matrixpreowned for Trade-In passes to Matrixpreowned upon Matrixpreowned’s acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
14. Non-Transferable. Any offer by Matrixpreowned for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by Matrixpreowned.
15. Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of Nigeria, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from Nigeria and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to Matrixpreowned in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods.
16. Promotions. From time to time, and at Matrixpreowned's sole discretion, Matrixpreowned may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Matrixpreowned reserves the right, in its sole discretion, to cancel or refuse promotions.
17. Accuracy of all Information. Matrixpreowned makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Matrixpreowned reserves the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to Matrixpreowned for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject.
(c) Void a transaction. If the Product was already sent to Matrixpreowned, Matrixpreowned will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
20. Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Matrixpreowned Websites and the Matrixpreowned Services, including all devices, Internet browsers and Internet access. If you access the Matrixpreowned Website and the Matrixpreowned Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
21. Use of Services. By using Matrixpreowned Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Matrixpreowned; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Matrixpreowned Websites.
22. Warranties. WE PROVIDE THE MATRIXPREOWNED SERVICES AND WEBSITES WITH WARRANTIES," AND "AS AVAILABLE. WE MAKE REPRESENTATIONS THAT YOUR TRANSACTIONS WITH MATRIXPREOWNED WILL MEET YOUR REQUIREMENTS.
23. Limited Liability. IN NO EVENT SHALL MATRIXPREOWNED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH MATRIXPREOWNED UNDER THIS AGREEMENT.
24. Indemnity. You agree to indemnify, defend, and hold harmless Matrixpreowned, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
25. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Matrixpreowned of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
26. Correction of Errors and Inaccuracies. The Matrixpreowned Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Matrixpreowned therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Matrixpreowned does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
27. Modification. Matrixpreowned reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Matrixpreowned Websites and/or the Matrixpreowned Services. Your continued use of any Matrixpreowned Website and/or Matrixpreowned Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Matrixpreowned, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Matrixpreowned Websites and/or the Matrixpreowned Websites. The Agreement is and will be located at https://sapphirevirtual.com.ng/index.php?route=information/information&information_id=5. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
28. Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE FEDERAL REPUBLIC OF NIGERIA. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN NIGERIA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email support@Matrixpreowned.com.
Last Updated: May 29, 2017
SELLER is any one who has a device to sell from the array of displayed acceptable devices (APPLE, GIONEE, HTC, INFINIX, TECNO, HUAWEI, SAMSUNG)
BUYER is any buying a matrix certified preowned device
Devices purchased will be received within 48hrs upon payment confirmation: Devices sold will first be received at matrixpreowned office before a e-voucher is issued to seller via email supplied. If a device is not in the condition selected by the seller, value of device will be reviewed and seller contacted via phone and email. If seller disagrees with new value for device, seller will make payment of N1000 for return logistic before device will be dispatched within 48hrs.
Vouchers are not transferable and are only redeemable in any matrix preowned store or online .
Any device with suspicious origin will be confiscated and passed over to security officials for further investigation
Matrixpreowned will not be held liable for any wrong input from customer resulting in delayed payment for device sold but will make every effort to ensure all agreements are kept and expectations exceeded.