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Tern Trade-in App Terms & Conditions

Last updated June 16, 2021

Tern Eco Ltd is a company registered in England and Wales under company number 12949990, with its registered office at 159 High Street, Barnet, England, EN5 5SU and with VAT number 380842780 ("Tern").

Tern offers merchants ("Merchant") the ability to offer their customers the right to sell certain used products to the Merchant in return for a discount voucher ("Discount Code") (collectively, the "Service").

These terms and conditions (these "Terms") set out the terms on which you may access and use the Service. These Terms will be binding on you when you use the Service.

In these Terms:

(a) when we refer to "we", "us", or "our", we mean Tern;

(b) when we refer to "you", or "your" we mean you, the person accessing and using the Service; and

(c) when we refer to the "Retailer" we mean the Merchant and its affiliates

These Terms shall govern the relationship between Tern and you. The Retailer is not a party to these Terms (or to any Contract formed pursuant to clause 2 below) and the Retailer does not provide the Service.

When certain words and phrases are used in these Terms, they have specific meanings (these are known as"defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

The Retailer will use and make available to Tern your personal data which are necessary for Tern to provide theService. For more info on how the Retailer uses your data and your data rights please see theRetailer’s privacy notice.

Eligibility

In order to access and use the Service you must:

  1. have made a previous purchased from the Retailer’s website (the "Website")
  2. be in a geography where the service is being offered
  3. have previously purchased products that fit the eligibility criteria set by the Retailer

The Service is only available through the Website.

The Service and these Terms are only available in the English language.


Tern Eco Ltd is a company registered in England and Wales under company number 12949990, with its registered office at 159 High Street, Barnet, England, EN5 5SU and with VAT number 380842780 ("Tern")

Tern offers merchants (“Merchant”) the ability to offer their customers the right to sell certain used products to the Merchant in return for a discount voucher ("Discount Code") (collectively, the "Service").

These terms and conditions (these "Terms") set out the terms on which you may access and use the Service. These Terms will be binding on you when you use the Service.

In these Terms: 

  1. when we refer to "we", "us" or "our", we mean Tern; 
  2. when we refer to "you" or "your" we mean you, the person accessing and using the Service; and
  3. when we refer to the "Retailer" we mean the Merchant and its affiliates.

These Terms shall govern the relationship between Tern and you. The Retailer is not a party to these Terms (or to any Contract formed pursuant to clause 2 below) and the Retailer does not provide the Service.

When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

The Retailer will use and make available to Tern your personal data which are necessary for Tern to provide the Service. For more info on how the Retailer uses your data and your data rights please see the Retailer’s privacy notice.

Eligibility

1.1 In order to access and use the Service you must: 

1.1.1 have made a previous purchased from the Retailer’s website (the "Website")
1.1.2 be in a geography where the service is being offered
1.1.3 have previously purchased products that fit the eligibility criteria set by the Retailer

1.2 The Service is only available through the Website.

1.3 The Service and these Terms are only available in the English language.

2. Using the Service

2.1 By using the Service you are able to see all eligible items (the "Used Products") you have previously purchased online through the Website.

2.2 Items exceeding the dimensions of 40cm x 30cm x 15cm are not eligible for the Service.

2.3 There will be on the Website a specific price for each individual Used Product (the “Offer Price”). If you would like to trade-in Used Products to the Retailer for the Offer Price at that point in time, select the Used Products you want to trade-in on the Website and follow the trade-in order (the “Order”) process. The Offer Price is subject to change. 

2.4 You will be given the opportunity to identify and correct any input errors at the end of the Order process, before submitting your order. 

2.5 If you elect to trade-in any Used Product with the Retailer following the process set out above, the Retailer is under no obligation to confirm the trade-in, and any such confirmation is conditional on the Retailer agreeing to trade-in at the Offer Price. If the Retailer refuses to confirm the trade-in on that Used Product, you will be notified via an email. Once the Retailer has received the Used Products and confirmed the trade-in, you will be sent a Discount Code equal to the aggregate Offer Price for Used Products you have elected to trade-in with the Retailer, and the contract between you and the Retailer is concluded when we send you the Discount Code (the “Contract”). Each Contract shall incorporate these Terms. All Used Products you have elected to trade-in with the Retailer for the Offer Price, and the Retailer has agreed to purchase pursuant to this clause 2.5, are deemed “Confirmed Items”.

2.6 In consideration for the trade-in and delivery of the Confirmed Items by you pursuant to these Terms, we shall procure that: 

2.6.1 the Retailer issues you a Discount Code equal to the aggregate Offer Price for the Confirmed Items, in accordance with clause 3 and clause 4 below; and 

We shall only procure the issuing of the Discount Code once your Confirmed Items have been delivered by courier or post to the Retailer and the Retailer has confirmed receipt of all the Confirmed Items.

2.7 The Retailer reserves the right to return any of the Confirmed Items to you (and/or, if agreed between the Retailer and you, amend the aggregate Offer Price) if:

2.7.1 the wrong items are returned;
2.7.2
some items are missing; or
2.7.3
the items are fraudulent.

We shall not procure the benefits set out in clause 2.6 for any Confirmed Items returned to you pursuant to this clause 2.7.

3. Collection of Goods

3.1 You may incur a cost for the shipping of your Confirmed Items to the Retailer (the “Shipping Cost”). Any Shipping Cost will be deducted from the aggregate Offer Price. 

3.2 During the order process, and provided the aggregate Offer Price for your Confirmed Items is above any minimum threshold indicated on the Website, we will provide you with shipping options for the relevant Confirmed Items. You must select one of the shipping options to be able to submit the order. For any shipping option selected, the Retailer will not be responsible if they do not receive your Confirmed Items and you will not be entitled to receive your Discount Code.

3.3 We will provide you with a shipping label (“Shipping Label”) based on the shipping option you have selected during the order process. You must attach the Shipping Label to any packaging you place your Confirmed Items in (the “Package”) for mailing to the Retailer. You are responsible for sourcing packaging materials for your Package. You must drop your Package off at an eligible drop-off location as instructed on the Website or on the Shipping Label. We strongly recommend you get proof of postage.

3.4 You must mail your Confirmed Items within fourteen (14) days of submitting your Order, or your Order will be cancelled.

3.5 All Confirmed Items must be included in your Package. In the event any Confirmed Items are missing or incorrect, the Retailer is entitled to adjust the aggregate Offer Price accordingly.

4. Discount Code 

4.1 When the Retailer issues a Discount Code to you equal to the aggregate Offer Price of the Confirmed Items (minus the Shipping Cost, if applicable), your use of that Discount Code must be in accordance with the Retailer's Discount Code Terms of Use. 

4.2 Discount Codes will be limited to one time use only. If your Discount Code is applied to a basket value that is less than the value of the Discount Code, you will not be entitled to recover the residual Discount Code value. 

4.3 Discount Codes will be in electronic form.

4.4 We will make electronic Discount Codes available to you by email and through the ‘My Trade-ins’ section of the Website. 

5. Closure of the Service

5.1 The Retailer reserves the right to close the Service (either on a temporary or permanent basis) on reasonable notice at any time. 

5.2 The closure of the Service will not affect: (a) any Contracts formed prior to the closure of the Service; or (b) any of your rights to use the Discount Code issued to you through the Service prior to the closure.

6. Cancellation rights

6.1 You are not, in relation to these Terms or any Contract, entitled to the ‘right to cancel’ granted to consumers in certain business-to-consumer distance contracts (for the UK, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the equivalent legislation implementing Directive 2011/83/EU in other EU member states).

7. Warranties

7.1 You agree, and represent to us, that: 

7.1.1 any Confirmed Items you sell to the Retailer pursuant to these Terms are authentic, original products manufactured and sold by the Retailer; 
7.1.2
that you own all legal and beneficial title in any Confirmed Items you sell to the Retailer  pursuant to these Terms; 
7.1.3
that you have all rights to sell any Confirmed Items you sell to the Retailer pursuant to these Terms and you haven’t entered into any agreements that conflict with these Terms.

8. Liability

8.1 Nothing in these Terms excludes or limits our liability for:

8.1.1 death or personal injury caused by our negligence;
8.1.2
fraud or fraudulent misrepresentation; and
8.1.3
any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

8.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract between you and us became binding.

8.3 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.  

8.4 We only supply the Service for domestic and private use. You agree not to use the Service 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.

8.5 You acknowledge and agree that the Retailer is not a party to any Contract and is not liable to you for any losses, damages, costs, expenses or other liabilities that you may suffer or incur under any Contract.

8.6 Notwithstanding clause 8.2, and save as set out in clause 8.1, our maximum liability to you under these Terms in respect of any particular Contract will be limited to the value of the Confirmed Items.

9. Changes to these Terms

We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms applicable at the time of your Offer will apply to that Contract. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Service.

10. Other important information

10.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are not obliged to participate in online dispute resolution.

11. Governing law and jurisdiction

11.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Service, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.  

11.2 You may bring any dispute which may arise under these Terms to – at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.

11.3 As a consumer, if you are resident in the EU and we direct the Services to (or otherwise pursue our commercial or professional activities related to the Services in) the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these Terms, including clause 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

12. Contacting us

12.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details: 

Address: 159 High Street, Barnet, United Kingdom, EN5 5SU

Email address:contact@tern.eco

Thank you