Terms & Conditions
Last Updated: December 20th, 2020
1. Agreement to Terms: The use of this website and services on this website provided by Podswap LLC (hereinafter referred to as "Podswap") are subject to the following Terms & Conditions (hereinafter the “Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as ("Website") and any services or offers provided by or on this Website referred to as ("Products" or "Services").
These terms govern: (a) any Product or Service you purchase from Podswap’s Website; and (b) any offer you receive to recycle with or sell your Products to Podswap. These terms, the terms that govern your use of Podswap’s websites, including, which terms are located at the bottom of the website and any supplemental terms or policies that accompany a specific transaction, collectively, make up an agreement between you and Podswap. 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.
You agree that by accessing this site, you have read, understood, and agree to be bound by the Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
3. Age Restriction: In order to complete any form of transaction with Podswap you must be over eighteen 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.
4. Requirements: In order to complete any form of transaction with Podswap, you must: (a) Provide true, up to date and accurate account information about yourself and any Product you send back to us for exchange; (b) Comply with all terms and conditions of this Agreement; and (c) Transact on behalf of yourself and not on behalf of others.
4.1 Payment & Purchases: The following terms apply to any Purchase transaction: (1) Credit Card – Your credit card will be charged by Podswap when your order is placed. (2) Sales Tax – State Sales Tax will apply to all items shipped. (3) Shipping - Shipping is $4.99 flat rate economy. Podswap provides prepaid return shipping label at no additional cost.
4.2 Providing Accurate Information About Yourself: In order to participate in our battery replacement program 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 send 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).
Podswap will not receive or store your credit card information once a Swap Program transaction is closed. Podswap shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Podswap and Podswap 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: we will not be responsible for any payments sent to a wrong address.
4.3 Providing Accurate Information About Your Products: When completing a Podswap transaction for our swap Service, you agree that the AirPods you send in are (a) Original Apple AirPods; (b) without water damage; (c) without deep cosmetic scratches; (d) without permanent stains, deep scratches or marks. If you are uncertain about your Product's condition, please seek guidance by contacting Podswap’s customer care. Podswap offers products for swap in refurbished condition. All products available for purchase or received in our swap program where applicable, may need to be synced to the AirPods Charging case. We do not assume any responsibility for damages to your AirPod charging case.
4.4 Return Deadline: When completing a purchase on the Podswap Website for our Swap Service, you agree to (e) to send your old AirPods back within the five business day period which commences on the day after your delivery date. Podswap is not responsible for AirPods received outside of the five-day period. Failing to meet the above requirements may result in an additional charge of $49.99 to your account provided on initial purchase.
4.5 Product Inspection and Additional Charges: Podswap reserves the right to automatically charge payment method if: (a) the Product and/or materials received from customer are not as described, (b) the Product is received by Podswap after the return deadline.
Podswap will inspect all Products that are received. Podswap has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the conditions under the checkout agreement, 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 and/or any Product damaged or lost in transit. If Podswap rejects the Product for any of these reasons, you are subject to additional charges.
Packing and shipping recommendations provided to you by Podswap should be followed in order to avoid possible damage to or loss of the Product in transit. The cost of any return without using the supplied label is your responsibility. If you are charged, and wish to have your Products returned back to you for any reason, you will be responsible for all costs associate with return shipping.
When packaging your Product, For swap for Sell be sure to only include all materials included in your description and include all materials provided by Podswap in the package you received. This may include a single AirPod or both AirPods in secured in the pouch provided. 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.
5. Releasing Rights to Product: Once you send Podswap your Product for swap or sell programs, Podswap cannot and does not guarantee that it will be able to honor any request for return of the original Product mailed by customer. Of course, if Podswap rejects the Product or you do not accept any new offer for the Product you will have the option to donate the item, or have it returned to you at your cost.
6. Risk-Of-Loss: You remain responsible for the risk-of-loss for the Products sent to Podswap for swap or sell until delivery of the same to Podswap. You are responsible for any damages that may occur to your Product while in transit. Podswap is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Podswap 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 Podswap 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 Podswap that you Purchased, you are responsible for the risk-of-loss for the Product until Podswap receives the Product. You are responsible for any damages that may occur to the Product while in transit back to Podswap.
7. Product Availability: Products are not guaranteed to be available until the order for Purchase is accepted by Podswap and confirmed on the applicable Podswap Website. Notwithstanding the foregoing, Podswap reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason. Podswap determines, in its sole discretion, which Products are eligible for purchase or sale by or through the Podswap Services and Podswap Websites and for which eligible Products Podswap will provide an offer or sell. Podswap 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, Podswap reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Podswap at any time prior to delivery of the Product to You.
8. Promotions: From time to time, and at Podswap’s sole discretion, Podswap 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. Podswap reserves the right, in its sole discretion, to cancel or refuse promotions.
9. Access: You are responsible for obtaining at your own expense all equipment and services needed to access and use the Podswap Websites and the Podswap Services, including all devices, Internet browsers and Internet access. If you access the Podswap Website and the Podswap 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.
10. Use of Services: By using Podswap 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 Podswap; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Podswap Websites.
11. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PODSWAP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "PODSWAP PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 PODSWAP UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PODSWAP AND THE PODSWAP PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE PODSWAP SERVICES AND PODSWAP WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE PODSWAP SERVICES.
12. Indemnity: You agree to indemnify, defend, and hold harmless Podswap and the Podswap Parties 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 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.
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 Podswap of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Podswap Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Podswap therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Podswap does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
14. 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 UNITED STATES. 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 SUFFOLK COUNTY, MASSACHUSETTS, 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.
15. Trademarks & Disclaimer: AirPods® is a registered trademark of Apple®, and Podswap is not affiliated to Apple® Inc. Our AirPod swap program is not an official Apple program for refurbishment and battery replacement for Apple AirPods. Podswap LLC is a third-party company and is in no way related to Apple and we disclaim all relationships with Apple. All logos and registered trademarks contain herein this website are strictly for identification purposes only and do not constitute any form of endorsement and their designs, features and characterizations are properties of their respective owners. All images of products that bear resemblance to actual products are also strictly for identification purposes only.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email firstname.lastname@example.org.