Terms and Conditions

1. Scope and Definitions
   • These General Terms and Conditions (“GTC”) apply to sales contracts for electronic devices that are concluded between you as the seller and us (Foxway GmbH; registered address Industiestrasse 21 61381 Friedrichsdorf Germany) as the buyer.
   • For all contracts concluded with us, the General Terms and Conditions apply exclusively in the version valid at the time the contract was concluded.
   • We offer you the opportunity to sell us used electronic devices under the conditions of these terms and conditions. Exact products that can be sold to us are published online on our website and their wholesale prices are calculated.
2. Preliminary purchase price, offer to buy from you
   • If you want to sell electronic devices to us, you must make us an offer to buy by specifying all the devices you want to sell to us, all the parameters of these products and all the information required in the online store. You must provide us with truthful information about the type, condition, functionality and accessories of the respective devices.
   • Based on the information you provide, an expected purchase price for your device will be calculated and displayed to you online. By submitting your purchase offer to us online and sending us devices that require an offer in accordance with Section 3 of the General Terms and Conditions, you are submitting a binding purchase offer for these devices at the price shown to you online. We are not obliged to accept your purchase offer and can reject it at any time without giving reasons.
   • The purchase price of a device is based on the actual condition of the device and the provisional purchase price is calculated based on your online information about the condition of the device. This provisional purchase price may change, taking into account the actual condition of the device and the classification made by us in accordance with Section 4 of the General Terms and Conditions.
3. The delivery
   • In order for us to inspect the devices and determine whether your assessment of the condition of the devices is accurate, you must send us your devices as part of your purchase offer. We will send you a shipping label to your email address which you must use to mail your device for use. Please pack your device according to the guidelines in the email we send you and use the manufacturer’s original packaging or equivalent to ensure safe shipment of the device. Sending your device to us is free of charge.
   • The risk of accidental loss or damage to the device passes to us after you have handed over the package to the transport company and packed the device in accordance with the packaging instructions. If you do not follow the packing instructions we provide, or if you do not properly pack the device, the risk of accidental loss or damage to the device passes to us when we receive the device from the carrier.
   • Devices must be sent to us within 14 days of the date you register your purchase offer online. If you send us your devices after 14 days from the date you registered your purchase offer online, we have the right to re-evaluate the purchase price of the devices in accordance with Section 4 of the GTC.
4. Purchase price and conclusion of the purchase contract
   • Once we have received the devices, we will check that your shipment contains all the devices that are the subject of your purchase offer and assess their condition.
   • If your device evaluation and its provisional purchase price correspond to our device evaluation, we accept your purchase offer and the purchase contract between us is concluded. We will inform you about the acceptance by e-mail.
   • If your appraisal is higher than the actual value of the equipment we appraise, we will contact you via email, tell you the reasons why the actual value of that equipment is lower than what you appraised, and we will do so you a purchase offer at a new price that corresponds to the actual value of the device determined by us. You have 7 days to accept our new purchase offer. If you accept our purchase offer, the contract is formed between us. If you reject our new purchase offer or do not respond to our new purchase offer within 7 days of receiving the new purchase offer, we will return the device to you at our expense.
   • If you send us devices later than 14 days after registering your purchase online in accordance with Section 3 of the General Terms and Conditions, we have the right to test the device againrts, regardless of whether your initial rating matches our rating. In this case, we will make you a purchase offer in accordance with Section 4.3 of the General Terms and Conditions.
   • If we discover that one or more of the devices you offered us in your original purchase offer are missing, we will notify you by email after we have received your shipment. If you notify us that you no longer wish to sell us the Missing Devices or you do not respond to our notification and we do not receive any Missing Devices within 7 days of the notification being sent, your original purchase offer in respect of Missing Devices will expire. If you later want to offer us these devices, you must make us a new purchase offer in accordance with Section 2 of the General Terms and Conditions.
   • If your shipment to us contains a device that you have not registered in the purchase offer in accordance with Section 2 of the General Terms and Conditions, we will return the device to you.
5. Payments
   • The payment of the agreed purchase price will be made to you by bank transfer to a bank account specified by you online.
   • We will make payment to you within 5 days of acceptance of your purchase offer in accordance with clause 4.2 of the GTC or of your acceptance of our purchase offer in accordance with clause 4.3 of the GTC.
6. Seller Guarantees
   • You warrant that:
     • Any equipment that you offer for sale to us is lawfully owned by you or owned by a third party that has expressly authorized you to sell and transfer ownership of the equipment;
     • You are not aware, to the best of your knowledge and belief, that there is no reasonable evidence that the Device you are offering has been, is or may be the subject of any criminal offense, including but not limited to fraud, theft and/or any other property crime;</ li>
     • To the best of your knowledge and belief, you are not aware of any reasons or suspicions, for example based on the origin of the device or the price you originally paid when purchasing it, which justify the assumption that it is not an original , ie a (Trademark) counterfeiting and/or constitutes copyright infringement and thus violates the rights of a trademark owner and/or author;
     • Your offer to us does not violate any other rights of third parties;
     • Your device description is accurate and complete and not misleading;
     • You do not hide from us any obvious and/or hidden defects of the device.
   • We reserve the right to request proof (e.g. a copy of proof of purchase) if we have any doubts about the ownership or provenance of the device.
   • You undertake to indemnify us against all third-party claims arising from breaches of your warranties pursuant to clause 6.1 of the GTC in relation to devices that are the subject of your offer and the purchase contract concluded between us. You also undertake to reimburse all damages, including reasonable costs for legal defense, which we incur as a result of these third-party claims.
7. Customer Data and Privacy Policy
   • In order to process the purchase of your device, we must process your personal data (e.g. name, address, bank details, e-mail address). We only process your data to the extent necessary to fulfill our obligations and to provide you with the services described in these terms and conditions.
   • You are obliged to provide us with correct data and to update relevant information without delay.
   • You are responsible for backing up and erasing all data from devices before sending them to us. If Devices sent to us contain data, we will endeavor to delete such data while evaluating the Devices in accordance with Section 4 of the Terms of Service. We assume no responsibility for improperly erased data from the devices and loss of data in the devices.
   • For a more detailed overview of how we process your data and how you can delete your data from our systems, please see our privacy policy at https://www.foxway.com/en/privacy-policy/ .
8. Final Provisions
   • We are only fully liable for damage caused by us in the event of gross negligence on our part.
   • We do not recognize any general terms and conditions of our contractual partners that conflict with or deviate from these General Terms and Conditions unless their validity is expressly agreed to in writing. These terms and conditions also apply if we are aware of conflicting or deviating conditionsexecute the contract without reservation.
   • If a third party subsidizes the sales transaction between us (e.g. our partner pays you an additional cash payment for the Device or issues you a gift certificate), the purchase price of the Device shall reflect the price of the Device in the contractual relationship between us be the basis of our evaluation in accordance with Section 4 of the General Terms and Conditions. However, if the contract of sale between us for a Device is terminated for any reason, you must note that you may be required to pay the third party monies paid by the third party for the Device.
   • The laws of the Republic of Estonia and the jurisdiction of the Estonian courts apply to the contract between you and us. The applicability of mandatory norms of the state in which you have your habitual residence at the time the contract is concluded remains unaffected by this choice of law.