Terms of Sale Agreement
Sentiflex,
ltd. ("Sentiflex") offers services (the "Sentiflex Services")
through which you can (i) sell certain consumer devices (the
"Products") after receiving an "offer" from Sentiflex by
identifying your Product and its condition and completing check-out on
the Sentiflex Websites (each transaction, a “Trade-In”) and (ii)
buy Products (each sale, a “Purchase”). You must agree to abide by the
following terms in order to use the Sentiflex Services and/or the
Sentiflex Websites.
BY
SETTING UP AN ACCOUNT, OR BY USING Sentiflex'S WEB SITES, YOU
SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY
BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE
Sentiflex WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY
EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
Sentiflex reserves the right to terminate or suspend your use of the Sentiflex Websites and/or the Sentiflex Services if you do not comply with this Agreement or any other Sentiflex policy or procedure, or for any other reason we determine, in our sole discretion.
1. About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through Sentiflex and (ii) any Product you purchase from Sentiflex. These terms, the terms that govern your use of Sentiflex’s web sites, the Sentiflex Services and any and all applications included therein, which terms and conditions are located at https://sentiflex.com/terms.php, the terms of Sentiflex’s privacy disclosures located at https://sentiflex.com/privacy-policy.php and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Sentiflex (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "Sentiflex," "we" or "us" means Sentiflex and its affiliates and subsidiaries.
2. Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with Sentiflex, you must:
(i) Create an account with us (Trade-In transaction only);
(ii) Provide true, up to date and accurate account information about
yourself and any Product you submit to us or Purchase from us;
(iii) Comply with all terms and conditions of this Agreement;
(iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below;
(v) Transact on behalf of yourself and not on behalf of others; and
(vi) Be over eighteen (18) years of age and have the legal capacity to
enter into agreements and to convey title and interest in any Product
that you submit to us.
In order to receive payments for any
Products in connection with a Trade-In, you must provide us with
information including a valid email address at which you are able to
receive email, a valid postal address at which you are able to receive
mail, and your first and last name. In order to receive any Product you
Purchase, you must provide us with information including first and last
name, email address at which you receive email, phone number, billing
address, and a valid postal address at which you are able to receive
mail (if different from the billing address). On Sentiflex’s
behalf, Interswitch will process your payment for a Purchase and you are
required to provide your applicable credit card number, expiration date
and CVV code (unless you are paying for the Purchase using your voucher
code). Sentiflex will not receive or store your credit card
information.
Sentiflex shall not be responsible for
communication errors should your contact information be in accurate or
incomplete. You are responsible for ensuring that you can receive emails
from Sentiflex and Sentiflex is not responsible for any
emails that were not received by you because they were blocked or
filtered as spam. You understand and agree that if you fail to provide
us with accurate and up to date information about yourself:
(a) we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address, and
(b) any unclaimed funds may be subject to collection by governmental
authorities under applicable unclaimed funds and escheat laws. You agree
that we have no obligation to you if any of your unclaimed funds are
turned over to governmental authorities in accordance with applicable
law.
The following terms also apply to any Purchase transaction:
i. Credit Card – Your credit card will be charged by Sentiflex when your order is placed, unless you choose to pay with your voucher code.
ii. Shipping - Shipping is not free for orders placed outside Lagos state Nigeria unless during special promos. Sentiflex provides fixed, leveled prices associated with ground, expedited, and next day shipping. Shipping is provided by DHL.
iii. Returns - Sentiflex offers a 7-day domestic return policy which commences on the delivery date, as reported by the shipping carrier. If free return shipping applies to a purchase, it is only valid within the specified period and customer will be expressly informed via email and voice call based on the original delivery address and is provided via DHL. The cost of any return without this condition your responsibility.
iv. Exchanges – Subject to availability, Sentiflex will accept Products for exchange provided such exchange is completed following the standard voucher purchase and redemption process within thirty (30) days of the date of the original Purchase.
v. Consumables - Parts and Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by Sentiflex unless and until separately offered and purchased.
vi. Product Pricing - Sentiflex regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the Sentiflex Website and third-party marketplaces like eBay or Amazon or Konga.
vii. Product Availability – Products are not guaranteed to be available until the order for Purchase is accepted by Sentiflex and confirmed on the applicable Sentiflex Website. Notwithstanding the foregoing, Sentiflex reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason.
viii. Out-of-Stock Products – If Sentiflex no longer carries a Product that is sent in for replacement, or if that Product is simply out of stock, you will be notified via email of two options: 1) Sentiflex can send you a comparable replacement item, or 2) Sentiflex can issue you a refund at the current market value of the Product. A current-market-value refund may not exceed the original purchase price. If the item is returned within 30 days of the original invoice date, a full refund will be issued.
ix. Maximum Product Quantity – Sentiflex may not permit more than three (3) Product purchases per transaction. If you are interested in purchasing a greater quantity, please contact Customer Care.
x. Partial Order Fulfillment – If an order can only be partially filled, all available Products will ship and Sentiflex will reimburse the different to the original method of payment.
xi. Technical Support – Sentiflex can provide technical or other support in connection with any Product offered for sale. You are responsible for additional cost for logistics and service after exceeding warranty period on items purchased.
3. Product Eligibility.
Sentiflex determines, in its sole discretion, which Products are
eligible for purchase or sale by or through the Sentiflex Services
and Sentiflex Websites and for which eligible Products
Sentiflex will provide an offer or sell. Sentiflex may
terminate the eligibility of certain Products at any time and without
advanced notice, but such termination will not affect any Products for
which you have already accepted an offer, which is good for thirty (30)
days, except as set forth in Section 9 below. Sentiflex reserves
the right to cancel any Purchase and refund any applicable purchase
price actually received by Sentiflex at any time prior to delivery
of the Product to You.
4. Condition Defined for Trade-In and Purchase.
Sentiflex uses three (3) basic Product conditions to grade
Products for Trade-In, ranging from "Excellent" or “Good” to "Bad”
Conditions can vary widely between categories and types of Products.
Broadly, Sentiflex's Product definitions are as follows:
Excellent: the item looks like it has never been used and is 100% functional.
Good : the item has visible signs of use, but is otherwise 100% functional.
Bad: the item does not turn on, one or more Product functions is
non-operative or the item has serious physical damage that inhibits use
(e.g. broken or cracked screen or missing parts).
The above
definitions are broad guidelines. More specific condition definitions
specific to the category and/ or type of Product may be included on the
Sentiflex Website offer screen and serve as the effective condition
definition for that product. Condition definitions are subject to
change at Sentiflex's discretion. If you are uncertain about your
Product’s condition, please seek guidance by contacting Sentiflex’s
customer care.
5. Product Valuation. All offers will be based on Sentiflex's own determination of the Product value in reliance on the accuracy of the information you supply us. Sentiflex will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to Sentiflex at the offered price. If you do not accept Sentiflex’s offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
6. Fitness for Sale;
Phone and Internet Service. You must have all right, title, and
interest in any and all Products you seek to sell to Sentiflex and
all Products must be able to be activated for new service (unless the
Product is incapable of being activated because it is in “Broken”
condition). The Products and the sale and shipment of such items to
Sentiflex:
(a) must comply with all applicable laws, statutes,
ordinances, including without limitation all import and export laws as
described in Section 14 below,
(b) may not infringe on third party
intellectual property rights (including copyrights, trademarks, patents,
trade secrets or other proprietary rights), and
(c) shall not be counterfeit, stolen, or fraudulent.
You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Sentiflex Services, you agree to indemnify Sentiflex from all claims or losses sustained by Sentiflex as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Sentiflex. Sentiflex is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
7. Sending Sentiflex Your Product for Trade-In or Return.
When packaging your Product, be sure to include all materials included
in your description when we calculated your offer for Trade-In, or, in
the case of Purchase, include all materials provided by Sentiflex
in the package you received. For Trade-In, this may include software,
accessories, adapters, and manuals. Failure to include any items you
told us about when the offer was calculated, or sending us a Product
which does not match your original description, may impact the final
value of your Product and may result in a revised offer.
8. Removing Data From Your Product.
For Products involving devices that store files and/or personal data on
hard drives, memory chips or the like, you must back up and store any
data you wish to keep from your Product and remove any personal
information before you send your Product to us for Trade-In. Likewise
for Products you Purchase from Sentiflex and returned to
Sentiflex in accordance with these Terms, you agree to remove any
such data prior to returning the Product to Sentiflex.
Sentiflex’s standard practice is to remove all such data from the
Product; however, Sentiflex makes no guarantee that it will do so.
By sending Sentiflex the Product, you agree to release us from any
claim as to the Product, the data stored in such Product, or any
information on any media used in conjunction with the Product and which
you send to Sentiflex (whether in connection with a Trade-In or a
Purchase), or for such data's security, integrity, confidentiality,
disclosure or use. Sentiflex is not responsible for:
(a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or
(b) any loss of data after you submitted the Product to us.
9. Product Inspection;
Offer Recalculation. Your Trade-in Product must be received by
Sentiflex within thirty (30) days after you accept the original
offer provided by Sentiflex and complete the check- out process on
the Sentiflex Website (the "Delivery Period") or the offer shall
automatically expire. Packing and shipping recommendations provided to
you by Sentiflex should be followed in order to avoid possible
damage to or loss of the Product in transit. Sentiflex will inspect
all Products that are received. Sentiflex has the option to accept
or reject the Product, including without limitation, to reject any
Product not conforming to the description you provided to us, any
Product modified in such a way that it no longer conforms to the
original factory specifications, any Product no longer complying with
applicable laws or regulations (e.g., FCC rules, etc.) and/or any
Product damaged or lost in transit.
If
Sentiflex rejects the Product for any of these reasons, the
original offer automatically expires and is rescinded. Sentiflex
reserves the right to revoke the original offer and provide a revised
offer for the Product if:
(a) the Product and/or materials are not as described,
(b) the Product is received by Sentiflex after the Delivery Period, and/or
(c) Sentiflex receives Product(s) that are different from those identified when your offer was calculated.
As described above, Sentiflex typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days). Sentiflex always reserves the right to recalculate the original offer price and provide a revised offer for the Product. If you elect not to accept the recalculated offer price, your Product will be returned to you at your own cost.
10. Recalculated Product Offers after Inspection.
In the event Sentiflex recalculates the offer it provided for the
Product after it has been received and inspected for Trade-In, as
described above, you shall have the option of accepting or rejecting the
new offer. If you accept the new offer, you will be paid in normal
course and in accordance with these service terms. If you reject the new
offer, Sentiflex will return the Product to you at the address
from which it was originally sent. Sentiflex will give you a period
of three (3) days after Sentiflex presents you with a recalculated
offer via email at the address you provided to accept or reject the new
offer (the "New Offer Period"). Sentiflex will also remind you of
the outstanding new offer one or more times during the New Offer Period.
However, if the new offer is neither affirmatively accepted nor
rejected by you during the New Offer Period, the new offer will be
deemed to have been accepted by you and you will be paid the new offer
price in the normal course and in accordance with these service terms.
For the avoidance of doubt, your acceptance of the original offer and/or
any new offer is final and you may not change your mind later about
accepting such offer.
11. Releasing Rights to Product.
Once you send Sentiflex your Product for Trade-In, Sentiflex
cannot and does not guarantee that it will be able to honor any request
for return of the Product and/or any data or information contained in
such Product. Of course, if Sentiflex rejects the Product or you do
not accept any new offer for the Product pursuant to Sections 9 and 10
("Return Circumstances"), your Product will be returned to you as set
forth in Sections 9 and 10.
12. Risk-Of-Loss.
You remain responsible for the risk-of-loss for the Products sent to
Sentiflex for Trade-In until delivery of the same to
Sentiflex. You are responsible for any damages that may occur to
your Product while in transit. Sentiflex is responsible for
risk-of-loss when it opens the packaging containing your Product and
ceases in the event Sentiflex returns your product to you for any
reason. For the avoidance of doubt, in such event, risk of loss will be
transferred to you once Sentiflex delivers the package to the
carrier for return to you and you will bear the risk-of-loss while the
Product is in transit.
If you return a Product to
Sentiflex that you Purchased, you are responsible for the
risk-of-loss for the Product until Sentiflex receives the Product.
You are responsible for any damages that may occur to the Product while
in transit back to Sentiflex.
13. Passing of Title.
Title to the applicable Product sent to Sentiflex for Trade-In
passes to Sentiflex upon Sentiflex’s acceptance of the Product
for the original offer or the new offer, as applicable. If there is a
Return Circumstance, title shall not pass and shall remain with you.
14. Non-Transferable.
Any offer by Sentiflex for your Product for Trade-In is non-
transferable and not redeemable for any other consideration other than
what is offered by Sentiflex.
15. Import and Export Laws.
You agree to comply fully with all import and export laws, regulations,
rules and orders of Nigeria, or any foreign government agency or
authority, and that you will not directly or indirectly transfer any
Product without proper authorization from Nigeria and/or foreign
government. You bear responsibility for and assume all expenses relating
to your compliance with the described laws, regulations, rules and
orders, and for obtaining all necessary authorizations and clearances in
order to convey any Product to Sentiflex in connection with a
Trade-In, including without limitation, valuation, classification and
duties applicable with the import of any goods.
16. Promotions.
From time to time, and at Sentiflex's sole discretion,
Sentiflex may offer promotional programs as an incentive to
customers. Promotions applicable to payments are applied as an increment
to the final value of a customer's Product, but they are not considered
a change in that final value. Promotional programs have explicitly
defined terms, including but not limited to, expiration, usage per
person and per transaction, and other limitations and restrictions.
Unless otherwise stated, promotions must be applied by you before
checkout. For the avoidance of doubt, once checkout is completed,
promotions cannot be applied to the same transaction. Sentiflex
reserves the right, in its sole discretion, to cancel or refuse
promotions.
17. Accuracy of all Information.
Sentiflex makes every effort to ensure the accuracy of all
information you receive in relation to your Product. From time to time,
however, there may be typographical errors, technical inaccuracies,
pricing or other errors or omissions. As such, Sentiflex reserves
the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the offer or cancel the Purchase prior to your receipt of
the Product. In the event the Product has already been sent to
Sentiflex for Trade-In, the changed offer will become a New Offer
subject to the processes set forth in Section 9 and Section 10.
Otherwise, the changed offer will be a re-issued original offer, which
you may accept or reject.
(c) Void a transaction. If the Product
was already sent to Sentiflex, Sentiflex will be deemed to
have rejected the Product resulting in a Return Circumstance subject to
Section 11.
18. Privacy.
We view protection of users' privacy as a very important community
principle. When you use the Sentiflex Web Sites and the
Sentiflex Services, we collect information about you. You agree
that we may collect and use your information in accordance with the
Sentiflex Privacy Policy, which you can review by going to https://sapphirevirtual.com.ng/index.php?route=information/information&information_id=3,
as the same may be updated from time to time. If you object to your
information being transferred or used in this way please do not use our
Web sites or services.
19. Electronic Notices and Transactions.
You agree to transact with us electronically, including without
limitation, agreeing to terms and conditions or offering to sell your
Product by electronic means. You authorize Sentiflex to provide you
with terms and important notices about Sentiflex and your
transactions to an email address you provide to us or by posting notices
on an applicable page (or my account area) on www.Sentiflex.com.
It is your duty to keep your email address accurate and up to date and
to maintain a valid email address and to ensure that emails we send you
are not filtered or stopped by spam filters or other types of email
blocking functionalities. If you no longer desire to transact
electronically with us, you may no longer use the Sentiflex
Websites. You can retrieve and review this Agreement by clicking on the
"privacy policy" link.
20. Access.
You are responsible for obtaining at your own expense all equipment and
services needed to access and use the Sentiflex Websites and the
Sentiflex Services, including all devices, Internet browsers and
Internet access. If you access the Sentiflex Website and the
Sentiflex Services through a mobile or wireless device, you are
responsible for all fees that your carrier may charge you for data, text
messaging and other wireless access or communications services.
21. Use of Services.
By using Sentiflex Websites, you agree not to (i) access any of
the Services by any means (including, without limitation, by use of
scripts, web crawlers or similar methods) other than through the user
interface provided by Sentiflex; and (ii) engage in any other
activity that interferes with or disrupts the Services or performance of
the Sentiflex Websites.
22. Warranties.
WE PROVIDE THE Sentiflex SERVICES AND WEBSITES WITH WARRANTIES,"
AND "AS AVAILABLE. WE MAKE REPRESENTATIONS THAT YOUR TRANSACTIONS WITH
Sentiflex WILL MEET YOUR REQUIREMENTS.
23. Limited Liability.
IN NO EVENT SHALL Sentiflex, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF
DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF
YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS
WITH Sentiflex UNDER THIS AGREEMENT.
24. Indemnity.
You agree to indemnify, defend, and hold harmless Sentiflex, its
parent, subsidiaries, affiliates, officers, directors, employees,
agents, representatives, vendors and distributors from and against any
and all claims, liabilities, damages, losses, costs, expenses, or fees
(including reasonable attorneys’ fees) that such parties may incur as a
result of or arising from your (or anyone using your account’s)
violation or breach of any terms under this Agreement. We reserve the
right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and, in such case, you agree
to cooperate with our defense of such claim.
25. Entire Agreement/No Waiver.
This Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof. The captions are used only as a
matter of convenience and are not to be considered a part of this
agreement or be used in determining the intent of the parties to it. No
waiver by Sentiflex of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive
termination of this Agreement.
26. Correction of Errors and Inaccuracies.
The Sentiflex Website and any correspondence related to a
transaction may contain typographical errors or other errors or
inaccuracies and may not be complete or current. Sentiflex
therefore reserves the right to correct any errors, inaccuracies or
omissions and to change or update the Content at any time without prior
notice. Sentiflex does not, however, guarantee that any errors,
inaccuracies, or omissions will be corrected.
27. Modification.
Sentiflex reserves the right to modify this Agreement at any time.
If you do not agree to the changes, you may discontinue using the
Sentiflex Websites and/or the Sentiflex Services. Your
continued use of any Sentiflex Website and/or Sentiflex
Services after any such changes take effect constitutes your acceptance
to such changes. Each time you submit a Product for sale to
Sentiflex, you reaffirm your acceptance of this Agreement as in
effect at the time of such use. You are responsible for reviewing this
Agreement each time you use the Sentiflex Websites and/or the
Sentiflex Websites. The Agreement is and will be located at https://sentiflex.com/terms.php.
The last date this Agreement was revised is set forth below. Terms and
conditions modifying the Agreement are effective immediately upon
posting.
28. Applicable Law and Venue.
THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR
PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS
LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE FEDERAL REPUBLIC OF
NIGERIA. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL
APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON
BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR
RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR
FEDERAL COURT LOCATED IN NIGERIA, AND YOU HEREBY IRREVOCABLY AND
UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH
COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS
AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH
LANGUAGE.
If
you have any questions, concerns, or suggestions regarding the above
Agreement, please feel free to email support@sentiflex.com.
Last Updated: April 13, 2022
ADDITIONAL TERMINOLOGIES
SELLER is any one who has a device to sell from the array of displayed acceptable devices (APPLE, GIONEE, HTC, INFINIX, TECNO, HUAWEI, SAMSUNG)
BUYER is any buying a matrix certified preowned device
Devices purchased will be received within 48hrs upon payment confirmation: Devices sold will first be received at Sentiflex office before a e-voucher is issued to seller via email supplied. If a device is not in the condition selected by the seller, value of device will be reviewed and seller contacted via phone and email. If seller disagrees with new value for device, seller will make payment of N1000 for return logistic before device will be dispatched within 48hrs.
Vouchers are not transferable and are only redeemable in any matrix preowned store or online .
Any device with suspicious origin will be confiscated and passed over to security officials for further investigation
Sentiflex will not be held liable for any wrong input from customer resulting in delayed payment for device sold but will make every effort to ensure all agreements are kept and expectations exceeded.
