Sell by Mail Terms & Conditions

Last revised: March, 16th, 2024

Table of contents:

Article 1. Who are we? What do we offer?

Article 2. Who can use the Deal Zone Service to sell products?

Article 3. What products are eligible for the Deal Zone Sell-by-Mail Service?

Article 4. What information shall Individuals provide on the product?

Article 5. How to trade-in a product?

Article 6. What if you do not provide all the necessary information or fail to respond?

Article 7. What about returns?

Article 8. What about liability for products and services?

Article 1. Who are we? What do we offer?

1.1 Welcome to Deal Zone, the marketplace that offers services (the “Deal Zone Services”) through which you can sell certain items (the “Products”) after receiving an “offer” from Deal Zone by identifying your Product or completing check-out on the Deal Zone Website. You must agree to abide by the following terms in order to use the Deal Zone Services and/or the Deal Zone Websites. Deal Zone is an independent company not affiliated with any brand or manufacturer (hereinafter, Deal Zone may also be referred to as “the business,” “we,” or “us”).

1.2 BY SETTING UP AN ACCOUNT OR BY USING DEAL ZONE’S WEBSITE, 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 DEAL ZONE WEBSITE. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. Deal Zone reserves the right to terminate or suspend your use of the Deal Zone Website and/or the Deal Zone Services if you do not comply with this Agreement or any other Deal Zone policy or procedure or for any other reason we determine, in our sole discretion.

1.3 About These Terms. These terms govern any offer that you receive to sell your Product to or through Deal Zone. These terms, the terms that govern your use of Deal Zone’s website (“Deal Zone Website”), the Deal Zone Services and any and all applications included therein, the terms of Deal Zone’s privacy disclosures, and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Deal Zone (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 (means any person(s) who sells Products to Deal Zone) or entity exercising rights under this Agreement, and the term “Deal Zone,” “we” or “us” means Deal Zone and its affiliates and subsidiaries.

1.4 The Deal Zone Service is free of charge for Individuals (with the exception of shipping fees that may be incurred according to Article 7).

Article 2. Who can use the Deal Zone Service to sell products?

2.1 The Deal Zone Service may be used as an “Individual” only by natural persons who are 18 years old and over. Natural persons who are under 18 years old may use the Deal Zone Service only with the involvement of a parent or guardian.

2.2 Individuals are to pass the online identity verification through a trusted identity verification service, Plaid, before receiving a shipping label from Deal Zone.

2.3 Individuals are prohibited from providing false information or impersonating another person or company through your account. You are solely responsible for your account, and thus, you are responsible for all activity on your account. For this reason, it is important to keep your passwords and devices secure (including your phone, email accounts, WhatsApp account and any other communication channels you use to contact Deal Zone). Deal Zone shall not be responsible for communication errors would your contact information be inaccurate or incomplete.

2.4 Individuals using the Deal Zone Service are agreeing to the Deal Zone Terms provided herein. Individuals undertake to comply with the Deal Zone Terms in the framework of their interactions with regard to the Deal Zone Service.

BY ACCESSING OR USING THE DEAL ZONE SERVICE IN ANY WAY, THE INDIVIDUAL REPRESENT THAT:

(1) THEY HAVE READ, THEY UNDERSTAND, AND AGREE TO BE BOUND BY THESE DEAL ZONE TERMS AND CONDITIONS;

(2) THEY HAVE THE AUTHORITY TO ENTER INTO THESE DEAL ZONE TERMS AND CONDITIONS.

2.5 We may update these Deal Zone Terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. Individuals are responsible for reviewing and becoming familiar with any changes. Their use of the Services following the changes constitutes their acceptance of the updated Deal Zone Terms. The latest iteration of the Deal Zone Terms will be presented to Individuals prior to each sale using the Deal Zone Service. Individuals will be asked to agree to the latest Deal Zone Terms and Conditions before the transaction can be completed. Individuals shall be vigilant when reading and accepting the Deal Zone Terms for each order, as they can evolve between two successive orders.

2.6 Please refer to our Privacy Policy at www.dealzoneboston.com/privacy-policy for information about how we collect, use, and disclose information about you. This Privacy Policy is hereby incorporated and made part of these Terms.

Article 3. What products are eligible for the Deal Zone Sell-by-Mail Service?

3.1 Deal Zone specializes in but is not limited to buying the following consumer product categories: fine jewelry, scrap or bullion precious metals, high-value electronics, luxury watches, designer handbags, and other high-value non-fragile shippable items. Deal Zone determines, in its sole discretion, which products are eligible for purchase or sale by or through the Deal Zone service. Deal Zone may terminate the eligibility of certain products at any time and without advance notice, but such termination will not affect any products for which an offer has already been accepted and shipped.

3.2 In addition, the Individual understands and accepts that the following products cannot be sold through the Deal Zone service: blocklisted, greylisted, a rooted item (only for Android items), oxidized, bent, counterfeit, lost by a third person, or stolen products.

3.3 The condition of the Individual’s product will be a factor in Deal Zone’s offer. The grade characteristics are based on a combination of functionality, cosmetic condition, and completeness. Such considerations are addressed prior to extending an offer to an individual.

Article 4. What information shall Individuals provide on the product?

4.1 An Individual who wishes to use the Deal Zone service undertakes to describe as accurately as possible the nature and condition of the product they want to sell.

In addition, the Individual represents:

that they have complete ownership of the product they are selling
that they have not acquired the product illegally
that their representations regarding the condition of the product are truthful and accurate
that they have not modified the product’s hardware or software (i.e., jailbroken or hacked the product)
that they have removed (if applicable) activation or security locks from the item.

Article 5. How to trade-in a product?

5.1 THE QUOTE/OFFER – ACCEPTANCE AND REJECTION

5.1.1 The Deal Zone makes the quote/offer on the basis of the information provided and the representations made by the Individual. This offer made by Deal Zone may be accepted or refused by the Individual. Such an offer is based on the declarations of the Individual, and it cannot constitute an acceptance nor a binding offer until the Deal Zone specialist has inspected the product and confirmed that the description of the product was complete and accurate. An individual understands that their acceptance of the first offer does not create a final contract of sale with Deal Zone.

5.2 DISPATCH OF THE PRODUCT IN CASE OF ACCEPTANCE OF THE OFFER

5.2.1 An Individual who accepts a first Deal Zone offer undertakes to:

A) Provide their up-to-date name, physical address, email, and telephone number (if they are not connected to their customer account when they want to benefit from the Deal Zone Service).
B) The individual agrees to complete the online identity verification through https://plaid.com/ (Deal Zone provides an individual link for each transaction) and provide Deal Zone with the type/state, ID number (the driver’s license # or the government-issued ID#), and birth date.
C) Specify how they would like to get paid and provide the required info to facilitate such transfer (Deal Zone currently supports PayPal, Venmo, Zelle, check over mail, or, in cases of large transactions – ACH bank transfers).
D) Prepare the Product for selling. Deal Zone ensures secure data wipe and deidentification of any personal information (like names and addresses on the receipts or any included merchandise), but the seller is responsible for removing any security features (like activation locks, admin passwords, etc.) from the products prior to shipment.
E) Send the Product to the Deal Zone within twenty-one (21) calendar days by securely packaging it and printing out and affixing the pre-paid shipping label to the package.
F) Send the Product to the Deal Zone within twenty-one (21) calendar days which includes securely packaging the product, printing out and affixing to the package the prepaid shipping label.
G) Agree to the transfer of title and ownership property of their product to the Deal Zone by signing a digital bill of sale. Deal Zone processes the payment to the Individual shortly after the digital bill of sale is signed. The seller disclaims any and all rights, title, or interest in and to the traded-in product, including the right to sell, dispose, or otherwise collect, where applicable, its value.

5.2.2 Individual understands that the risks associated with sending their product are their responsibility and that they are responsible for appropriately preparing their product for shipping. Damage/loss insurance may be included for specific high-value packages.

5.3 POTENTIAL SECOND/REVISED OFFER

Upon receipt of the product, Deal Zone will inspect it to verify that it conforms to the descriptions and declarations made by the Individual as set forth in Article 4 above.

5.3.1 Usually, Deal Zone will send the payment for the item the same or the next day after receiving it. In the case of luxury watches, designer brand items, or brand-name fine jewelry, 3-7 business days might be required for inspection and verification by trusted third-party partners of Deal Zone. The Individual acknowledges that the availability of the funds depends on bank processing periods.

5.3.2 If the product received by the Deal Zone is not in compliance with the representations made by the Individual, the first offer is voided, and the following process shall apply:

For most product categories, Deal Zone has two (2) business days to make a revised offer (if the inspection process revealed any inconsistencies between the description and the actual condition of the product). However, for certain luxury watches, designer brand items, or brand-name fine jewelry items, 3-7 business days might be required.
The Individual has fourteen (14) business days to accept or reject the second/revised Deal Zone offer and to sign the digital bill of sale.
1. If the Individual accepts the second offer, the sale becomes a firm sale upon signing a digital bill of sale, and the Deal Zone becomes the owner of the product and must pay the offer price promised in the second offer once the offer is accepted, provided that the Individual has made their valid payment information available. The Individual acknowledges that the availability of the funds depends on bank processing periods.
2. If the Individual rejects the second offer, there is no contract of sale and Deal Zone shall send the product back to the Individual within two (2) business days, with no cost for Individual.

5.3.3 In the exceptional cases where the Individual sends a product that is not eligible under article 3 or if the Deal Zone received a wrong product, the business may give notice that the product cannot be purchased and that the first offer is therefore void. In that case, if the Individual wants the business to return their product, the Individual undertakes to pay for a tracked shipment within five (5) calendar days after notice is given to the Individual via email, phone call, or text message that their product cannot be purchased.

Article 6. What if you do not provide all the necessary information or fail to respond?

6.1 If the Individual refuses or abstains from providing their complete information complying with the requirements in article 5.2.1, there is no contract of sale, and no Deal Zone transaction shall occur.

6.2 If the Individual refuses or abstains for 30+ days from providing a shipping label for return shipping of items deemed by Deal Zone as invalid or misrepresented, Deal ZOne WILL NOT SEND THE PRODUCT BACK to the Individual and is FREE TO RECYCLE THE PRODUCT AS THEY SEE FIT, WITH NO OBLIGATION OF PAYMENT TO THE Individual. CCTV of the unboxing and inspection report will be available as proof of the item receipt in significantly not-as-described condition.

6.3 If the Individual has complied with the requirements in article 5.2.1 but fails to respond to the business’s revised offer, Deal Zone will send reminders three (3) times over a period of fourteen (14) calendar days. Once the reminders have been sent and the period is completed, if the Individual still has not responded, they will be deemed to have implicitly accepted the second offer made by Deal Zone. The seller still must sign a digital bill of sale to initiate the payment.

Article 7. What about returns?

If Deal Zone provides you with a new revised offer because the Deal Zone Specialists determine your own assessment of your device is inaccurate, and you decline the new offer, Deal Zone will return your electronic device to you for free. If your order has multiple items, we will only return the item relating to a new offer for that item. The remaining items cannot be returned even if you decline the new Offer for the other item. If you do not respond to the Deal Zone’s email or calls regarding the new Offer within 14 days, the Deal Zone will continue with the processing. If your item has NO VALUE in accordance with the Deal Zone assessment and you do not respond to our emails within 30 days, WE WILL RECYCLE your item, and you will receive no payment nor return of the said item. In order to test your device(s), the Deal Zone’s Specialists may remove the casing and protective layers of your device. If, during this process, you ask for your device(s) back, please note that the Deal Zone shall NOT be responsible for these items. Once a Product has been sent to the Deal Zone, we do not guarantee that we will return the Product or any data you wish to keep back to you unless you have chosen not to accept the Deal Zone’s new Offer. Please note that free return shipping does NOT apply (return shipping has to be paid by the sender) in the following scenarios:

Item was significantly misrepresented.
Item was found to be reported lost or stolen.
The item was found to have an Activation lock, iCloud lock, bad ESN status, or other software issues (BIOS lock, MDM lock, etc.)

Article 8. What about liability for products and services?

8.1 Concerning the services: Deal Zone shall make every effort to ensure the availability of the Deal Zone service. Deal Zone reserves the right to suspend or limit access to the Deal Zone services to carry out repairs, maintenance operations, and/or add and/or develop a functionality and/or a service. Deal Zone may not be held responsible for any damage suffered by an Individual due to the impossibility of using all or part of the Deal Zone service.

8.2 Concerning the Products:

Individuals agree to release Deal Zone 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 the Individual sends to the Deal Zone or for such data’s security, integrity, confidentiality, disclosure or use. Deal Zone is not responsible for:

Any loss suffered by the Individual due to any data that is not erased from the device
Any loss of data after the Individual submitted the Product to the business

Deal Zone reserves the right to cancel any Deal Zone trade-in at its reasonable discretion in case of suspicion of fraud. Individual may cancel a trade-in submission at any time until they have sent the trade-in products to the Deal Zone. Individual will not receive any payment for a canceled trade-in.

Article 9. Dispute resolution

9.1 Cooperation: The Business and Individual (the Parties) acknowledge that the success of their contractual relationship is based on a mutual good faith partnership. Consequently, each of the Parties undertakes in all circumstances to cooperate as efficiently as possible with the other Party and, in particular in the event of difficulties in performing or applying these Terms and Conditions and other contractual documents, to seek in good faith solutions consistent with the interests of each Party and the interests of the Individuals in the framework of a high-quality service.

9.2 Right to Injunction: Individuals acknowledge that a breach of this agreement will cause irreparable damage to Deal Zone with respect to which Deal Zone’s remedy at law for damages will be inadequate. Therefore, in the event of breach or anticipatory breach of the covenants set forth in this section by Individual and Deal Zone agree that Deal Zone shall be entitled to seek the following particular forms of relief, in addition to remedies otherwise available to it at law or equity including injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Individual hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction.

9.3 Dispute: All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and Conditions or the use of any Product or Service provided by Deal Zone that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to the Deal Zone, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or goods provided under these Terms and Conditions.

9.4 Notice Requirement and Informal Dispute Resolution: Before either Party may seek arbitration, each Party must first send to the other Party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Deal Zone should be sent to 1578 Dorchester Ave, Boston, MA, 02122. After the Notice is received, the Deal Zone may attempt to resolve the claim or dispute informally. If the Deal Zone does not resolve the claim or dispute within 30 days after the Notice is received, either Party may begin an arbitration proceeding. The amount of any settlement offer made by any Party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party is entitled.

9.5 Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the Parties shall agree to select an alternative ADR Provider.

If the Individual resides outside of the U.S., the arbitrator shall give the Parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each Party shall bear their own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

9.6 Additional Rules for Non-Appearance-Based Arbitration: If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the Party initiating the arbitration. The arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise agreed by the Parties.

9.7 Time Limits: If the Deal Zone pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

9.8 Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court.

9.9 Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

9.10 Confidentiality: All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The Parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a Party from submitting to a court of law any information necessary to enforce these Terms and Conditions, to enforce an arbitration award, or to seek injunctive or equitable relief.

9.11 Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement shall continue in full force and effect.

9.12 Right to Waive: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the Party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

9.13 Small Claims Court: Notwithstanding the foregoing, the Deal Zone may bring an individual action into small claims court.