Terms and Conditions

Version 1.01 - Last update: 05-03-2024

Table of Contents
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price / Value Assessment / Validity of the Offer
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Liability for Lost or Damaged Packages
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
1. Reflection period: the period within which the consumer can make use of their right of withdrawal; Read all about the reflection period.
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuous transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model form for withdrawal that the entrepreneur makes available to the consumer to fill in when they wish to use their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
10. Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Trade in
De Zuivering 36
7671SP Vriezenveen
Netherlands

E [email protected]
Chamber of Commerce 71791884
VAT number NL858851222B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's location and will be sent free of charge to the consumer upon request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the most favorable provision in case of conflicting conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the remainder, and the relevant provision will be replaced in mutual consultation by a provision that approaches the purpose of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.
8. As a seller of the product, you must be authorized to sell the product. You are authorized if you meet the following conditions: The seller must be at least 18 years old at the time of sale and also the rightful owner of the product to be sold.
9. Trade in reserves the right to accept or refuse devices at its own discretion, regardless of the result from our online valuation tool or an estimate from our customer service.
10. Devices reported as stolen or lost to the appropriate authorities (such as Stop Heling) will not be accepted. Trade in reserves the right to report this to the relevant authorities at its discretion.
11. It is the seller's responsibility to remove all data from the product before selling it to Trade in. Trade in always immediately deletes the data from the received products using certified data deletion software or, if necessary, manually by trained personnel. The seller should preserve all information and content from the old product, such as photos, contacts, and other important files and documents, if desired. 
12. Trade in cannot accept products with an account or password lock, such as an iCloud, password, Face ID lock, fingerprint lock, Provider SIM lock, or any other form of account or security. 
13. Trade in is not responsible for damage, loss, or deletion of data on sold products. The seller, as a customer, cannot restore data stored on the product after the product has been sold.
14. Trade in is not responsible for the consequences of not removing data before the product is shipped.
15. The seller is responsible for fulfilling their obligations arising from contracts with third parties in connection with the products sold or traded or for debts existing outside the contract. This means, for example, that the product the seller sells does not need to be paid off.
16. The customer is required to cancel all contracts related to the relevant product before the product is sent to Trade in. We also require the seller to perform a factory reset of the product (if possible) before shipping. 

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the way in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
• whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
• the way in which the consumer can check the information provided by them in the context of the agreement and, if desired, correct it before the agreement is concluded;
• the possible other languages in which the agreement can be concluded, in addition to Dutch;
• the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance contract in case of a continuous transaction.

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may - within legal frameworks - investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. When delivering the product or service to the consumer, the entrepreneur will enclose the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about guarantees and existing after-sales services;
• the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

6. In case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer or a pre-designated representative announced to the entrepreneur receives the product.
2. If the consumer wishes to make use of their right of withdrawal, they are obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must do so by means of the model form or another communication method, such as email. After the consumer has indicated that they wish to make use of their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
3. If the customer has not made it clear after the expiration of the terms mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Upon delivery of services:
1. Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
2. To use their right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer makes use of their right of withdrawal, at most the costs of returning the goods are borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the retailer, or conclusive proof of complete return can be provided. Refunds will be made using the same payment method as used by the consumer, unless the consumer expressly agrees to a different payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• that are created by the entrepreneur according to the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
• concerning betting and lotteries.

Article 9 - The Price / Value Assessment

1. Our online valuation tool provides an indication of the final trade-in value.
2. The device undergoes an extensive test in which all functions are tested. Please note that the device may be opened for inspection. Non-working functions will decrease the value of the device. This will be communicated with you.
3. If the final trade-in value is lower than the initial offer, a new proposal will be made to you. You have the option to accept this, after which the device becomes the property of Trade in.
4. If you do not agree with our purchase proposal, you will receive the device back free of charge.
5. If you do not respond to our proposal, we will send you up to three reminders over a period of one month. If you also do not respond to the reminders, we reserve the right to purchase the device silently for the proposed amount.
6. Payment is made within 1 working day. If an adjusted offer has been made, payment is made within 1 working day after acceptance of the adjusted offer.
7. Once the payment has been made, the sale is final, and it is no longer possible to receive the device back.
8. The prices mentioned in the offer of products or services include VAT.
9. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Validity of the Offer

1. The sales offer you receive following your sales request is valid for 14 days from the date the request is submitted. It is important that the shipment containing the product is received by us within this period. If we do not receive the product within 14 days, the sales offer will automatically expire. In that case, we will make you a new offer based on the circumstances and the condition of the product at that time. We explicitly point out that we can refuse the entire shipment, regardless of the condition of the individual products if it is not reasonable for us to inspect the contents for health reasons. This is usually the case when the packaging or parts of the content are heavily contaminated or emit an odor indicating moisture or mold formation. Any additional costs are for your account.
2. If the product and its condition correspond to your description, we will accept your offer by email at the previously agreed price. This creates an agreement between you and us. This also applies if you use our service via the pages of one of our partners.
3. If inspection shows that the actual condition of the goods deviates from your description, we will reject your sales offer and send you a new purchase proposal by email with an adjusted price that corresponds to our criteria and the condition of the goods (counter-offer). You have 14 days to accept or reject this counter-offer. For this, we provide a separate website accessible via the link in the email.
4. If you accept our counter-offer, an agreement between you and us will be established based on this. If you reject the counter-offer, no agreement will be established, and we will return your product free of charge and at our risk to the address you provided, as stated in your previous email.
5. If you do not respond to our counter-offer within 14 days, we will assume that you wish to accept the counter-offer. In that case, an agreement will also be established based on the counter-offer. In our email with the counter-offer, we will explicitly point out this consequence to you.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery of the defect.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the instructions of the entrepreneur and/or on the packaging;
• the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
2. All products you send to us must be carefully packaged and shipped insured with our shipping label. If you do not comply with these conditions, the risk of damage and possible loss during transport lies with you. Furthermore, we reserve the right to request proof of ownership or a purchase receipt for the products you have sent. If you are not the owner of the sent products or cannot prove that you are the owner, the risk of damage and loss during transport lies with you.
3. The accessories belonging to the device, such as (but not limited to) cases, SIM cards, chargers, and screen protectors, should not be included in the shipment. When they are sent along, it cannot be guaranteed that they will be retained.
4. Devices that are lost during shipping will be compensated for the fixed price valid at the time of registration. Conditions for compensation include proof of delivery (shipping label), the original purchase receipt, a declaration, valid identification matching the registration details, proof that the seller is the rightful owner, the IMEI number of the lost device, and photos of the package before shipping.

If you wish to receive the device back, a fee of €12.50 may be charged in the following cases:

• the device has been sent with a passcode or another type of lock that cannot be removed remotely;
• the device has a crack and/or defect, which was not previously indicated;
• the device turns out to be a different model/device than registered;
• the device was sent to a pick-up location but was not picked up, requiring the package to be sent again.

5. The place of delivery is the address that the consumer has made known to the company.
6. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
7. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
8. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
9. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 - Liability for Lost or Damaged Packages

Damaged Package: The seller is responsible for properly packaging the product. Trade in is not responsible for damage that occurs within an unopened package. The condition in which Trade in finds the product when opening the packaging is the condition in which Trade in will assess the product.

Lost Package: If a shipment is not delivered to Trade in within 10 days of receipt by the carrier, the seller can notify Trade in. Trade in will then initiate an official investigation with the carrier. It may take up to 14 days for the carrier to come up with the result of the investigation. If the package is considered lost by the carrier, Trade in will recover the costs through its insurance. To do this, Trade in needs the following information and documents from the Seller:

• Photos of the package before shipping/description of what the package looked like;
• Proof of delivery (of the shipment);
• Purchase invoice;
• Proof that the seller is the rightful owner of the product;
• IMEI number;
• Copy ID/passport;
• Official report;

With this information, the insurer can determine with certainty that the seller is not at fault in their actions and that the seller is the rightful owner of the lost product. Completion of the recovery of the costs from the insurance can take up to 30 days. The seller will be reimbursed within these 30 days to the account number provided when registering the product. If the seller cannot (fully) provide the documents, the insurer (and thus Trade in) is entitled to reject the claim.

Article 13 - Payment

1. Payment is made within 1 working day. If an adjusted offer has been made, payment is made within 1 working day after acceptance of the adjusted offer.
2. Once the payment has been made, the sale is final, and it is no longer possible to receive the device back.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute resolution procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). The webshop is not currently affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.