Terms of Use / General Standard Terms and Conditions

These Terms of Use / General Standard Terms and Conditions shall govern any contractual relationships between Teqcycle Solutions GmbH, Baierbrunner Str. 31, D-81379 Munich (Germany), (hereinafter referred to as: Teqcycle) and the sellers stated under Section 2 (hereinafter referred to as: Seller(s)).

Teqcycle shall offer the Seller(s) the opportunity of selling used mobile phone devices to Teqcycle. The sales price shall be based on various assessment criteria.

§ 1 - Scope

The business relationship between Teqcycle and the Seller shall be exclusively based on the following Terms of Use / General Standard Terms and Conditions in the version valid upon confirmation by the Seller. Differing conditions of the Seller shall not be recognised.

§ 2 - Opportunities for use

  1. The use of the offer of Teqcycle shall be reserved to natural persons that are not acting on a commercial basis or self-employed. Only persons of age may use the offer.
  2. The Seller shall be obliged to provide full and true particulars.

§ 3 - Offer to Teqcycle

  1. If the Seller plans to offer a used mobile phone device for sale, he shall submit an offer for sale to Teqcycle in the following manner:
    1. The Seller shall have the opportunity to assess his mobile phone device according to the criteria stipulated by Teqcycle via an online platform provided by Teqcycle. The Seller shall be obliged to provide true information.
    2. Upon submission of criteria the Seller shall be immediately stated a sales price based on the information provided by the Seller. If the Seller agrees to the price, he can submit a binding sales offer to Teqcycle by clicking on the button “Sell device”. At that point in time, Teqcycle has not yet expressly accepted the Seller’s offer.
  2. The Seller may offer a maximum of five (5) devices for sale to Teqcycle per process. Teqcycle may only be offered mobile phone devices that can be selected for assessment on Teqcycle’s website. If the Seller offers several mobile phone devices for sale to Teqcycle, separate purchase contracts shall be concluded upon acceptance of a sales offer by Teqcycle for every single mobile device.
  3. Teqcycle shall store the contract texts according to the legal requirements.

§ 4 - Data deletion

  1. The Seller shall be informed that the mobile phone device will be shipped to the Federal Republic of Germany and therefore data deletion will also be carried out in the Federal Republic of Germany.
  2. The Seller shall be obliged to delete any data from the mobile phone devices and to remove the SIM card and possible memory cards before shipment of the mobile phone devices to Teqcycle. Moreover, the Seller shall be obliged to reset the mobile phone devices to factory defaults and to deactivate the function “Find my iPhone” for any mobile phone devices by the manufacturer Apple with an operating system from the version iOS 7 onwards.
  3. Possibly existing SIM and memory cards cannot be returned to the Seller in case of possible return delivery.
  4. The Seller shall be obliged to indemnify Teqcycle from any possible claims – whatever the type and origin – resulting from data – whatever the type – contained on the mobile phone device(s).
  5. Nevertheless, Teqcycle shall be obliged to perform a data protection-compliant, secure deletion of the data using the respective technical means, particularly to perform data deletion on the mobile phones according to the following sections so that personal data cannot be restored.
  6. Moreover, Teqcycle shall be obliged to permanently delete data on memory media provided to Teqcycle for data deletion. Memory cards and / or SIM cards possibly contained within the mobile phone devices shall generally be irretrievably destroyed.
  7. Teqcycle shall assure that data contained on the memory media is deleted according to state-of-the-art and recognised security standards.
  8. Teqcycle shall assure that the method used for data deletion is subject to a quality management system and data deletion is documented and audited in full.

§ 5 - Shipment

  1. If the Seller has submitted an offer for the purchase of mobile phone devices to Teqcycle, the Seller shall be obliged to send the mobile phone device(s) offered to Teqcycle within seven (7) days upon receipt of Teqcycle’s e-mail confirming the sales offer. If the Seller sends the mobile phone device(s) upon expiration of this period of time to Teqcycle, Teqcycle shall reserve the right to submit a new offer to the Seller.
  2. The Seller shall use own cardboard for packaging. The Seller shall place the mobile phone device(s) offered to Teqcycle in the cardboard packaging. The Seller shall expressly not enclose the original packaging and / or charging cables etc. The Seller shall expressly not receive any compensation for such items. If the Seller encloses the original packaging and / or charging cables etc., Teqcycle shall not be obliged to return such items to the Seller. The Seller shall transfer his ownership in these objects to Teqcycle upon shipment. By submitting items, the Seller shall expressly declare his/her agreement thereto.
  3. The Seller may not place or send any other objects than the mobile phone device(s) offered in the cardboard packaging to Teqcycle. If the Seller places other objects in the cardboard packaging, they shall not be returned to the Seller. The Seller shall grant his approval to destroy such items at this point in time. Nevertheless, Teqcycle shall also be entitled to return them to the Seller at the Seller’s expense.
  4. The Seller shall secure the package content using sufficient packaging material. Moreover, the Seller shall secure the package using sufficient adhesive tape.
  5. Upon completion of the process on Teqcycle’s website, the Seller shall be redirected to the completion page, from which he can download the shipment label and packaging instructions. Upon submission of an offer to Teqcycle, the Seller shall also receive an internet link via e-mail. Using this link, the Seller is directed to the status page, from which he can download the shipment label and packaging instructions. Shipment shall be insured when using the shipment label provided by Teqcycle. The shipment label may only be used for shipment from the country indicated on the shipment label. Only in this case, shipment shall be free for the Seller.
  6. If the Seller does not use the shipment label provided by Teqcycle, shipment costs shall be borne by the Seller. Teqcycle shall not accept “carriage-forward” packages.
  7. Upon handover to Teqcycle the risk of loss or destruction of the goods passes onto Teqcycle.
  8. The Seller may dispatch the package prepared for shipment at every branch of the transport service provider indicated on the shipment label provided by Teqcycle. If the Seller does not use the shipment label for the intended purpose and thus acts contrary to contract, the Seller shall be liable to Teqcycle for doing so.
  9. If the Seller sends more than two mobile phone devices to Teqcycle, the Seller shall attach the hazardous goods label to the package, which is also provided by Teqcycle. If the Seller does not attach the hazardous goods label to the package, he shall be liable for any resulting damage.

§ 6 - Acceptance by Teqcycle

  1. Upon receipt of the mobile phone device(s) by Teqcycle, Teqcycle shall inspect within seven (7) days – applying the same criteria as the Seller – as to whether the assessment performed by the Seller is appropriate. Teqcycle shall provide an assessment report to the Seller on the status page for download so that the assessment performed by Teqcycle is accessible to the Seller. Irrespective of whether a Seller has performed data deletion pursuant to Section 4 Para. 1, Teqcycle shall irretrievably delete data from mobile phone devices submitted. Upon assessment by Teqcycle the following scenarios may occur:
    1. If Teqcycle determines that the Seller’s assessment is appropriate in performing its own assessment, Teqcycle shall accept the offer submitted by the Seller at the indicated sales price. Upon acceptance of the offer, Teqcycle shall send an e-mail containing a link to the status page to the Seller. On the status page, Teqcycle shall inform the Seller about the acceptance of his offer. The contract between Teqcycle and the Seller shall thus be concluded.
    2. If Teqcycle determines that the Seller’s assessment is worse than the actual condition in performing its own assessment, Teqcycle shall accordingly increase the sales price. The Seller shall declare at this point in time that he will agree to an increase of the sales price. The contract between Teqcycle and the Seller shall thus be concluded.
    3. If Teqcycle determines that the Seller’s assessment is better than the actual condition in performing its own assessment, Teqcycle shall reject the Seller’s offer for the purchase of his mobile phone device. In case of a rejection of the offer, Teqcycle shall send an e-mail with a link to the status page to the Seller. On the status page, Teqcycle shall inform the Seller that his offer has been rejected. At the same time, Teqcycle shall submit a new offer to the Seller and indicate a new sales price. The Seller then receives the opportunity to accept the offer submitted by Teqcycle within fourteen days from submission of the e-mail by Teqcycle.
      1. If the Seller accepts the offer submitted by Teqcycle, the contract between Teqcycle and the Seller shall thus be concluded.
      2. If the Seller does not accept the offer of Teqcycle within the aforementioned period or rejects the offer, no contract shall be concluded between Teqcycle and the Seller. Teqcycle shall then return the mobile phone device(s) sent to the address given by the Seller. Return delivery shall be effected to the address that the Seller stated upon submitting his sales offer. Changes of this address shall not be possible.
    4. Teqcycle shall also reserve the right to reject the Seller’s offer without giving reasons.
    5. If Teqcycle concludes that the device sent by the Seller has no economic value (= 0.00 EUR), Teqcycle shall offer to the Seller environmentally-friendly and data protection-compliant disposal of the mobile phone device.

§ 7 - Ownership

  1. If the Seller offers (a) mobile phone device(s) to Teqcycle for purchase, the Seller shall expressly declare that he is the owner of the mobile phone device(s) sent and they are not encumbered with third-party rights and he is entitled to transfer ownership to Teqcycle.
  2. If Teqcycle doubts the ownership position of the Seller, Teqcycle shall be entitled to request proof of origin. If the Seller is not entitled to transfer ownership to Teqcycle, the Seller shall indemnify Teqcycle against possible claims of the rightful owner.
  3. Ownership shall be transferred upon conclusion of the purchase contract between the Seller and Teqcycle.
  4. The Seller shall be obliged to indemnify Teqcycle against any possible third-party claims – whatever the type and origin – upon sending the package to Teqcycle, provided that they arise in relation to the mobile phone device(s) sent.
  5. Moreover, the Seller shall be obliged to compensation for any damage occurring upon shipment of the package to Teqcycle, including costs arising from necessary or requirement resorting to legal attorney and / or court assistance incurred to Teqcycle in connection with the mobile phone device(s) sent.

§ 8 - Payment

  1. Teqcycle currently offers one payment method only: the purchase price to be paid out by bank transfer. The purchase price will be transferred from Teqcycle to the account stated by the Seller within three working days after the purchase agreement comes into effect.

§ 9 - Prohibitions and copyright law

  1. The Seller shall be obliged not to use scripts and / or software that could affect the website of Teqcycle.
  2. The contents on the website of Teqcycle may exclusively be used for the contractual purposes. Any other use shall be prohibited.
  3. The contents on the website of Teqcycle shall be protected by copyright law. Any rights of Teqcycle or the cooperation partners shall remain reserved. The copying, reproduction or modification of the website of Teqcycle shall be prohibited unless it becomes technologically necessary for proper use.

§ 10 - Liability

  1. The Seller’s claims for compensation shall be excluded. Compensation claims of the Seller resulting from injury to life, body, health or from violation of material contract obligations (cardinal obligations) as well as liability for other damage due to intentional or grossly negligent breach of duty by Teqcycle, its legal representatives or vicarious agents shall be exempted. Material contract obligations shall be obligations whose fulfilment enables proper implementation of the contract in first place and on which the contracting party can regularly rely on.
  2. In case of a violation of material contract obligations, Teqcycle shall only be liable for the typical contractual foreseeable damage if it was caused negligently, unless it pertains to compensation claims due to injury to life, body or health.
  3. The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and vicarious agents of Teqcycle if claims are directly asserted against them.

§ 11 - Data protection

  1. Teqcycle shall provide a data deletion confirmation to the Seller on the status page upon conclusion of the purchase contract.
  2. Teqcycle shall assure the confidential treatment of personal data of the Seller according to the relevant data protection regulations of the Federal Republic of Germany.
  3. The Seller shall at any time be entitled to request the deletion of his personal data stored with Teqcycle provided that there are no opposing legal regulations.
  4. Furthermore, Teqcycle shall be obliged to confidentially treat the Seller’s data and only use them for the processing of the sales transaction resp. on the base of the declaration of consent for data processing. This shall particularly apply with regard to possible personal data that is still contained on the mobile phone devices sent by the Seller to Teqcycle. However, Teqcycle shall be entitled to forward client data related to the processing of the sales transaction to Huawei Technologies (Netherlands) B.V. and / or a service provider commissioned by Huawei Technologies (Netherlands) B.V. for the processing of the sales transaction within the European Union. Further details shall be regulated in the declaration of consent to data processing.

§ 12 - Online-dispute resolution

Teqcycle is not willing and obliged to participate in dispute settlement proceedings before a consumer arbitration board.

§ 13 - Final provisions

  1. Contracts between Teqcycle and the Seller shall be subject to the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Legal requirements on the limitation of the choice of law and applicability of mandatory regulations, particularly within the state of habitual residence of the Seller, shall remain unaffected.
  2. If the Seller is a merchant, legal entity under public law or special fund under public law – despite Section 2 Para. 1 – the jurisdiction for any disputes arising from the contractual relationship between the Seller and Teqcycle shall be the registered office of Teqcycle.
  3. The contract and its remaining parts shall also remain binding in case of legal invalidity of individual sections. Invalid sections shall be replaced by the respective legal regulations where required. If this leads to undue hardship for a contracting party, the entire contract shall become invalid.

Last updated: March 2017