Terms & Conditions
Nayapurano Electro Tech Pvt. Ltd. is a registered limited company with the company registration number 299559/079/080 and their registered address at Room No. 605A, 5th Floor CTC MALL, Sundhara, Ward No. 11,Kathmandu. Nayapurano® and Nayapurano Diagnostic® are registered trademarks in Nepal - ©Copyright infringements will be pursued with all rights reserved.
I. Agreement to Terms
- These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and nayapurano Pvt. Ltd. located at Room No. 605A, 5th Floor CTC MALL, Sundhara Ward No. 11,Kathmandu concerning your access to and use of nayapurano (http://nayapurano.shop) as well as any related applications.
- The Site allows users to purchase mobile devices (Products). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions.
- If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and purchasing any Products and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
- We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
- We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
- Our Site is directed towards people residing in Nepal. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or purchase the Products without parental permission.
- Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence;(b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems.
II. Acceptable Use
- IYou may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of this Site, you agree not to:
- Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
- Use the Site to advertise or sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services, or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site.
- Attempt to impersonate another user or person, or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to access any portions of the Site that you are restricted from accessing.
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
- Delete the copyright or other proprietary rights notice from any of the content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, Use the Site in a manner inconsistent with any applicable laws or regulations.
- Threaten users with negative feedback or offering services solely to give positive feedback to users Misrepresent experience, skills, or information about a user.
- Advertise products or services not intended by us.
- Falsely imply a relationship with us or another company with whom you do not have a relationship.
- I. You represent and warrant that:
- *All registration information you submit will be true, accurate, current, and complete and relate to you and not a third party.
- * You will maintain the accuracy of such information and promptly update such information as necessary.
- * You will keep your password confidential and will be responsible for all use of your password and account.
- * You have the legal capacity and you agree to comply with these Terms and Conditions.
- *You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
- If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com
- If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
IV. Content you provide to us
- You agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
- In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy.
- You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
- We have the right to remove any User Content you put on the Site if, in our opinion, including if we consider such User Content does not comply with the Acceptable Use Policy.
- We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
- We offer two payment options for your convenience: Bank Transfer and Cash on Delivery.
V. Our content
- Unless otherwise indicated, the Site including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
- Except as expressly provided in these Terms and Conditions, no part of the Site, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
- You shall not
- * Try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site.
- * Make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
- We shall
- * Prepare the Site and Our Content with reasonable skill and care.
- * Use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
- The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
- Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
VI. Site Management
- We reserve the right at our sole discretion to monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
- We do not guarantee that the Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
- Our site is only intended for use by people residing in Nepal. We do not accept orders from individuals outside Nepal. A valid Nepalpost-code must be used for the delivery address.
VII. Modifications to and availability of the Site
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site Without notice at any time.
- We cannot guarantee the Site and Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Products during any downtime or discontinuance of the Site or Products.We are not obliged to maintain and support the Site or Products or to supply any corrections, updates, or releases.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site or the Products, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
VIII. Warranty Terms and Conditions
- All our Products come with a 3 months, 6months or 12 months warranty depending on the condition and grading of the phone, excluding physical or accidental damage such as water ingress and broken screens. Warranty expires with immediate effect if the item is found to be repaired, replaced or credited.
- If you take your Product to a third party for repair, this will void your warranty. Our warranty does not cover software related repairs.
- Our warranty for refurbished phones sold by NayaPurano differs depending on the device and only covers manufacturing defects. If the fault is not related to this or happens outside the warranty period, an extra cost may occur.
- We will notify you of this soon as we have inspected your handset. The warranty does not cover the physical or accidental damage please. If obvious physical damage is detected on the handset that may impact the functionality of the devise then warranty will be void.
- All warranty claims must be reported within the warranty period and returned to our premises within two weeks from the date you have notified us. You will need to send the Products back via a trackable service. (Please keep your receipt as proof) Goods should be shipped back in suitable packaging.
- If the device you returned has not been reset we will need the iCloud / Google account information to be able to test the device, without this account information we will not provide a warranty.
- Is the product returnable?
- * All Items purchased within 3 days from the date of purchase are applicable for return.
- What solution will be offered to me under the warranty?
- * We will repair or replace the item at our discretion under the warranty. If we are unable to repair the item and we are unable to source a suitable replacement, we may offer store credit instead. The handset which is being returned or replaced will have to be in good working order with only wear and tear cosmetic damage and will go through a full technical evaluation. If the handset is deemed to be at a lower condition then the replacement device will be matched to the current replacement value and condition of the handset.
- All nayapurano devices are sent unlocked. If there’s a scenario where nayapurano devices arrive locked then buyers should notify nayapurano within 3 days and nayapurano will endeavor to replace the handset. If notified after 3 days then nayapurano will only be able to offer a replacement if the device report indicates no data wipe was conducted on the handset; therefore the device will remain as a liability of the buyer.
- Is battery life covered by the warranty?
- Battery life is covered by the warranty however, the battery is a perishable item. For all devices with batteries that are not easily removed (e.g. iPhones), we test the battery capacity prior to listing the item to ensure it is within acceptable levels, and offer to replace it if required. We can provide paid out-of-warranty battery replacements that will not invalidate the warranty if you ever do need the battery to be replaced.
- Is accidental damage covered by the warranty?
- * Accidental or physical damage (e.g. cracked glass) is not covered by the warranty.
- What invalidates the warranty?
- Third party tampering or repairs (e.g. by yourself or an entity other than us). If you accidentally damage your device, please contact us as we can offer an out-of-warranty repair that will not invalidate the warranty.
- Contact with liquid.
- Improper electrical/power supply.
- Dropping, mishandling, misuse or where the cosmetic condition has degraded since it was sold.
- Unofficial modification of software or firmware (e.g. jailbreaking).
- How long does it take for you to process a warranty claim?
- * It can take up to 14 days from the date of receipt of your item.
- How do I claim on the warranty?
- Please ensure you have read the above and are eligible to make a claim. You must be able to provide proof of purchase to claim under the warranty and the IMEI/Serial Number of the device must match our records.
- To make a claim please contact firstname.lastname@example.org . We usually respond within 24 hours or jump into our chat
- If your device is damaged beyond economical repair through our negligence or willful misconduct, our liability will be limited to the cost of providing a replacement, with a product that is the same or similar to your chosen device.
- You have sole responsibility for any data stored on your handset/ tablet, and we accept no liability for loss or corruption of such data. It is your responsibility to keep a record of any such data.
We will not be responsible for any damage or fault caused by a previous repair.
When sending in your mobile phone for screen repair or home button repair, nayapurano will not be held responsible if the Touch ID feature does not work after the repair is carried out.
X. Disclaimer/Limitation of Liability
- The Site and Products are provided on an as-is and as-available basis. You agree that your use of the Site and/or purchase of Products will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and purchase of Products and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
- We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any
- * Errors or omissions in content,
- *Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server;
- *Any interruption or cessation of transmission to or from the site or services;
- *Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site or purchased the Products.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, our Site/Products; or
Use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
Loss of profits, sales, business, or revenue;
Loss of anticipated savings;
Loss of business opportunity, goodwill or reputation; or
Any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
XI. Term and Termination
- These Terms and Conditions shall remain in full force and effect while you use the Site or Products, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
- Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Products Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
- If we determine, in our sole discretion, that your use of the Site or Products is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Products constitute the entire agreement and understanding between you and us.
- Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
- We may assign any or all of our rights and obligations to others at any time.
- We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
- If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
- There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Products.
The following are trade marks of nayapurano Pvt.Ltd. You are not permitted to use them without our approval.
*Nayapurano and Nayapurano Diagnostic, trade marked in Nepal.
- In order to resolve a complaint regarding the Products or to receive further information regarding use of the Products, please contact us by email at firstname.lastname@example.org.
- You must notify us in writing of any loss or damaged packages, giving rise to a claim within three (3) days of the date on which your Package was accepted by our fulfillment partners. Any packages that have been marked as delivered with proof of delivery in the form of a signature, image or GPS Coordinates can not be replaced or refunded.
How soon will I get my exchange/refund?
Once your returned item is received you will be notified via an email. You will also be informed about the outcome of your request. If approved, your request will be completed according to the below timelines:
Exchanges usually take 24-48 working hours to action
Refunds usually take 3-7 working days to clear
XIII. Promotion and Marketing
- All promotions on the nayapurano store can only be used as a one off code, unless otherwise stated in the original source of advertisement. Nayapurano also reserves the right to withdraw or extend a promotion at any given time. Promotions cannot be used in conjunction with any other offer or promotion and the promotion that gives the highest discount will override any other additional promotion used during the checkout process. Each promotion may have specific conditions and exclusions such as: selected titles or New Products etc. The original marketing advertisement should be checked for specific promotional terms and conditions. We are unable to provide promotional discounts to an order which has been completed without use of a promotional code having been applied during checkout, by way of refund. Likewise, promotional discounts will under no circumstances be applied to historic orders. We do our best to ensure that promotions function as advertised but in light of any genuine and honest mistake with promotions setup, NayaPurano is under no obligation to fulfill orders which were created during such ‘false’ promotions. All promotions, offers and discounts are subject to product availability. Once stock levels of a particular product in a given offer have been exhausted, nayapurano is under no obligation to supply the product at the promotional price once the product is back in stock if that promotion/offer has since ended.
- Nayapurano reserve the right to change or amend any promotions, discount codes or offers where applicable. Offers applied to minimum spend, please see offer for details. Further discounts can not be redeemed on promotional offers or discounts. Nayapurano offers are for a limited time only, we reserve the right to change offer durations of promotions at any point where applicable.
Any crossed out prices reflect new prices from manufacturer's or retailers. These crossed out prices will either be live and available or, if items are no longer in stock then they will reflect the price last set by manufacturer's or retailers.
Selling or Recycling your phone to nayapurano
The quote offered is based on the information that you have provided being accurate and true. We reserve the right to amend the offer or cancel the offer should the device not be described accurately as above.
We cannot be held responsible for any device which is lost or damaged in transit to us. You will need to speak with your chosen courier regarding their claim policy.
We reserve the right to withhold payment and destroy any devices which are listed as lost/stolen/insurance claimed/blocked. These may be passed on to the authorities to follow up.
The quoted price is only valid up until the valid to date. The price after this time may change based on the current market value and we reserve the right to change to change the price after the expiration of the valid offer. Goods received after the valid to date are no longer offered that price and a new price based on current market value will be offered.
Items must be free of iCloud and passwords. Any device sent in locked to iCloud or password will be postponed but the valid to date continues. If the device becomes unlocked after this valid to date, the offer may change and we reserve this right to change it.
Please ensure you remove all SIM cards from the phone. We are not able to return any SIM cards sent to us.
We will contact you via email with your confirmed price, whether this is the quoted price or amended in light of testing the device. Please reply to this email confirming the acceptance of this quote and the method you would like payment to be made. Quotes not accepted after 7 working days will be automatically accepted on your behalf. If you don’t accept the offer, the device can be returned to you. Please allow 7 working days for delivery.
When sending back a device due to regrade or change of mind, we do not accept responsibility or liability for loss or damage of goods from third party providers during transit if the device is deemed to have been delivered in the correct manner. In the rare cases that a device does not get delivered as a return we will try our best to assist you. We do recommend on all devices that customers have their own contents insurance to protect them from instances of fraud, damage or stolen goods during transit.
XIV. Selling Terms for selling your products to nayapurano
- If you are selling your Phone (Product) to nayapurano , we will use a mobile application and/or a web application to determine the condition and the estimated value of the Product which will be used to determine the price we are willing to offer for your device (Offer to Buy)
- By agreeing to sell your phone to nayapurano , you hereby represent, warrant and covenant that:
- You are the sole, absolute and lawful owner and/or user of the said phone that it wants to sell (referred as “Device”);
- You are residing in Nepal.
- You are accessing our site from Nepal.
- At our complete discretion, we will reject orders from people outside of these territories.
- You are at least 18 years old; or
- If you are under 18 years old, you have obtained consent from your parent's or guardian's to sell your device to us for the sum indicated on our website.
- The Product has been used by you in accordance with the applicable laws of the land.
- The Product along with all its accessories, wherever applicable, under the Offer to Buy is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any agreement of sale etc.
- The details of the Product, including its condition, are as you stated at the nayapurano website.
- By selling the Product to nayapurano you agree to irrevocably transfer the title / ownership of the Product once it passes our quality check and payments are made to you.
- By handing over the Product, you confirm that you have removed all confidential information, pictures, contacts, contents, passwords etc. from the Product and that nayapurano is not in any way responsible for any data that was or remains in the Product once the Product has been handed over to nayapurano or its agents.
- Nayapurano reserves the right to refuse to purchase some or all Products or to limit the number of purchases at their sole discretion.
- Any documents as required by nayapurano in relation to purchase of your Product by nayapurano shall be submitted by you, failure to do the same may result in cancellation of the order at the sole discretion of nayapurano.
- Nayapurano is not responsible for any technical error or fault of any kind either which prevents you from selling your Product.
- Non Original Parts: We reserve the right to reject devices that are fitted with any non original parts.
XV. Your Data - Risks and Precautions
- When you send your device to us, you agree to release us from all and any claims, losses or damages with respect to the device, any data stored or contained therein or on any media used in conjunction with the device (whether in the form of personal details, SMS, photos, games, songs or other data). It is your responsibility to ensure that Data is removed from the device prior to you sending it to us and we accept no responsibility in relation to the security, protection, confidentiality or use of such data.
- · If your device is functional, we recommend that you delete all personal data from the device prior to sending it to us.
- · Please note it may not be possible to delete Data directly from a non-functioning device. If you send us a non-functioning device you are therefore accepting the risk that it may still contain Data which may be accessible to any person who repairs the phone. This may include third parties to whom we have sold the device for spare parts.
- · Please note that while (as stated above) we do not accept any liability in respect of the security, protection, confidentiality or use of Data included on any device, as a matter of practice we do not transfer any device to any third party except on terms which require them to wipe that Data.
XVI. SIM cards
You must remove your SIM card prior to sending us your device. We do not accept liability in the event that a SIM card is sent with a device and airtime charges are then incurred. Any SIM or memory cards received by us are non-returnable.
XVII. Lost or Stolen Mobile Phones
Selling a mobile phone or device which you do not own may amount to a criminal offense. We will check the IMEI/Serial number of all mobile phones and devices received on a database of lost and stolen property records to ensure no lost or stolen items are purchased.
If a mobile phone is found to have been lost or stolen or any information comes to light which causes doubt of its ownership we will notify the seller and hold, and not process the sale of the phone for 28 days until we can confirm its status.
Once the ownership of the device has been determined we will process the device accordingly.
If you have received payment from us for a mobile phone which we subsequently become aware of an issue relating to ownership, you agree to immediately reimburse us in full, within 3 business days following a written request by us, for any such payment pending an investigation by us or any law enforcement body into ownership of the mobile phone.
We may disclose seller details to the Police or other authorized bodies for the purpose of investigating or preventing a crime. By agreeing to sell us your phone you agree to us supplying data to the police or other authorized bodies for the purpose of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property.
Prices offered on our website are subject to change at any time without notice and include VAT (or other applicable tax).
The price we give you in the Offer to Buy is conditional upon us receiving your phone within 7 days of the date of the offer. If your phone is received after this time we reserve the right to change the Offer Price to the prices current on the date your phone is received.
XIX. Postage & Packaging
Phones must be packaged in accordance with our packaging instructions to ensure safe and successful delivery to us.
We offer an option of bank transfer and Cash on Delivery currently. You will be required to select a payment option when placing each online sell order.
When we receive your phone we will verify the sale by checking the details you supplied. Once verified we will initiate payment using your chosen option.
XXI. Apple and Google Account Locks
If your phone is locked to a Google or Apple account when we receive it, we will contact you to request information required to remove such a lock. If you do not respond to such a request within 7 days we will automatically reduce the offer price to zero (Rs.0) which is the default price for locked phones and we will send the device back to you.
XXII. Revised offers
Please make sure that you are happy with the phones functional condition, we will be giving each device a 70 point check and working through all functional tests. In basic terms functionality of a device is:
· Power on and off using the fully functional buttons
· Have all buttons on the device working
· Be fully functional
· Have a working screen with no pixel damage or cracks/heavy chips
· Have no severe damage to the casing of the device, including cracks to the rear glass, splits in the casing or bending
· Have a fully functional operating system
· Includes its battery
· Not water damaged
· Make and receive calls
· All features of the device fully working as per original manufacturer specification
· Be iCloud/Google activation lock and password free
· No phone accessories included (charging cables, phone cases, etc)
· Doesn’t power up
· Have a faulty button(s)
· One of the features does not work as per original manufacturer specification
· Have a cracked/smashed/heavily chipped screen
· Doesn’t include its battery
· Is not a complete unit
· Water damaged
· iCloud or Google account locked
We have a specific grading criteria and system to allow us to value a device below is a breakdown of the gradings and score we use to measure the cosmetic condition and value of a device. We reserve the right to amend the offer or cancel the offer should the device not be described accurately as below which covers the functional condition of the device.
Premium: These devices are mostly in excellent condition and look almost like new, with only a few minor signs of use. These devices come with a 12-month warranty from the date of purchase. Any wear is barely visible at arm's length. Some micro-scratches and small blemishes are acceptable.
Good: These devices show moderate signs of wear and tear, such as small scratches, scuffs, and discoloration, but no chips, dents, or cracks. For added peace of mind, these devices come with a 6-month warranty from the date of purchase.
Fair: For those looking for a more cost-effective option, we also offer devices with heavy signs of use, including small dents, heavy scratching, scuffing, and discoloration. These devices may require refurbishment to be used, and come with a 3-month warranty.
When you sell or recycle a phone to us, you'll get a Diagnostic Report which dictates the price of the device. Obviously, you’ll care about the price more than anything, but the Diagnostic Report allows us to ensure there’s no mismatch between what you say your device is, and what our algorithm says.
XXV. Pricing offer
All prices include VAT (or other applicable tax).
Once your order has been placed, the prices quoted are guaranteed for 7days from the date of your order. (This is the date on which we send you a confirmation email) If your devices are received after 7days from the Order date, current prices will apply.
We offer an option of bank transfer, card payment, and Cash on Delivery. You will be required to select a payment option at point of trade-in/sale to us. To prevent fraud this payment option cannot be changed once the order is placed.
Once we receive your items, we will check that they meet the stated description, and that it meets our terms and conditions. Providing it does, we will make payment to you via bank transfer. This will happen on the same day of receipt (Sunday to Friday, excluding public holidays). Same day payment does not apply if the amended offer is not accepted by the customer before 4pm as this does not allow sufficient processing time.
Bank Transfer payments
Bank Transfer payments can only be made to the account details given when placing the online order. We cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.
Postage & Packaging
Phones and devices must be packaged in a packaging sent by nayapurano. If your phone gets damaged in the post, we won’t cover your losses. We’ll only work out what your phone is worth based on the condition that it’s in when it arrives.
XXVI. Events Outside Of Our Control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
XXVII. Activation Locks
If your device is iCloud or Google account locked we will contact you with instructions on how to remove the lock. If you fail to respond to this email within 7 days we will return the device. If the attempt is failed you the customer must contact nayapurano to arrange a delivery at your own cost. If there is no contact for 14 days we will automatically process the order at the amended price for Activation Locked phones which is Rs.0.
XXVIII. Data Risks and Precautions
If your device is functional, we highly advise you to delete all of your personal data from the device before sending it to us.
Please remember that by sending your device to us, you agree to release us from all and any claims, losses or damages with respect to the device, any data stored or on any media used in conjunction with the device (whether in the form of personal details, messages, photos, applications, or other data. We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure so far as practicable that Data is removed from the device prior to you sending it to us.
Please note that it might not be possible to delete Data from non-functioning device. If you send us a non-functioning device you are accepting a risk that it may still contain data and it may be accessible to any person who repairs the device. This might include the third parties to whom we have sold the device for spare parts
No biometric data is collected or stored during the Diagnostic process.
XXIX. Sim Card removal
Please ensure you remove your SIM card before sending us your device as we accept no liability in the event that a SIM card is sent with a device and charges are then incurred. For your own safety, we remove and destroy any memory or SIM cards we find, so your info can’t end up in the wrong hands.
XXX. Lost and Stolen Devices
Selling a mobile phone or device which you do not own may amount to a criminal offense. If such devices are found, Nayapurano can destroy the phone or handover the case to the authorities.
We will check the IMEI/Serial number of all mobile phones and verify their legality before indulging in any transaction.
*If a device is flagged in our system as lost, blocked, or stolen then It can’t be returned as part of the home mobile device recycling code of practice. We won’t pay you anything for it.