TERMS & CONDITIONS

The following terms apply to any Purchase transaction:
1. Credit Card – Your credit card will be charged by GizmoJungle, when your order is placed,
unless you choose to pay with your PayPal account.
2. Sales Tax – State Sales Tax will apply to all items shipped to Florida, Kentucky,
Massachusetts, Washington or any other jurisdiction in which we are legally obligated to
collect sales tax.
3. Shipping – Shipping is not free. GizmoJungle provides fixed, leveled prices associated
with ground, expedited, and next day shipping. Shipping is provided by either FedEx or
UPS.
4. Returns – GizmoJungle offers a 30-day domestic return policy which commences on the
delivery date, as reported by the shipping carrier. In the event of a return, GizmoJungle
will refund the full amount of the item(s) being returned. If free return shipping applies to
a purchase, it is only valid within the 50 United States based on the original delivery
address and is provided via FedEx. The cost of any return without an RMA and without
using the supplied FedEx label is your responsibility.
5. Consumables – 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 GizmoJungle
unless and until separately offered and purchased.
6. Product Pricing – GizmoJungle 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 GizmoJungle
Websites and third-party marketplaces like eBay or Amazon.
7. Product Availability – Products are not guaranteed to be available until the order for
Purchase is accepted by GizmoJungle and confirmed on the applicable GizmoJungle
Website. Notwithstanding the foregoing, GizmoJungle reserves the right to cancel any
order for Purchase at any time prior to delivery of the Product for any reason.
8. Maximum Product Quantity – GizmoJungle does not permit more than Four (4) Product
purchases per transaction. If you are interested in purchasing a greater quantity, please
contact Customer Care.
9. Partial Order Fulfillment – If an order can only be partially filled, all available Products
will ship and GizmoJungle will reimburse the different to the original method of payment.
10. Technical Support – GizmoJungle does not provide any technical or other support in
connection with any Product offered for sale. You are responsible for all Product use and
set up.
Product Eligibility and Condition
GizmoJungle offers three (3) product conditions for purchase: (i) “Jungle Certified Fair”, which
means all product features work (except for those requiring carrier service or data plans, which
must be purchased separately if so desired) and the device may feature some wear and tear that
does not affect the functionality of the phone; (ii) “Jungle Certified Good”, which means all
Product features work (as noted above) and there may be light scuffs or nicks that do not affect the
functionality of the phone; (iii) and “Jungle Certified Excellent”, which means the device is in likenew condition.
The above definitions are broad guidelines. More specific condition definitions specific to the
category and/ or type of Product may be included on the GizmoJungle Website. Condition
definitions are subject to change at GizmoJungle ‘s discretion. If you are uncertain about your
Product’s condition, please seek guidance by contacting GizmoJungle ‘s customer care.
All products available for purchase are, where applicable, eligible for activation on the carrier
network identified for that particular device. It is important to select your specific carrier when
purchasing a GizmoJungle certified preowned device, as we can only guarantee it to work with
the selected carrier. For example, we can only guarantee that a GizmoJungle certified AT&T
device can be activated on AT&T; we cannot guarantee that it can be activated on any other
carrier and we cannot guarantee that it can be unlocked. We can also only guarantee that your
GizmoJungle certified preowned device will work domestically within the United States. We
cannot guarantee that it will work internationally.
If you return a Product to GizmoJungle that you Purchased, you are responsible for the risk-ofloss for the Product until GizmoJungle receives the Product. You are responsible for any
damages that may occur to the Product while in transit back to GizmoJungle .
1. 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 GizmoJungle to provide you with terms and important
notices about GizmoJungle 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.GizmoJungle .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 GizmoJungle Websites. You can retrieve
and review this Agreement by clicking on the “Legal” link at www.GizmoJungle .com.
2. Access. You are responsible for obtaining at your own expense all equipment and services
needed to access and use the GizmoJungle Websites and the GizmoJungle Services,
including all devices, Internet browsers and Internet access. If you access the GizmoJungle
Website and the GizmoJungle 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.
3. Use of Services. By using GizmoJungle 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 GizmoJungle ; and (ii)
engage in any other activity that interferes with or disrupts the Services or performance of
the GizmoJungle Websites.
4. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
WE PROVIDE THE GIZMOJUNGLE SERVICES AND WEBSITES “AS IS,” “WITH
ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY
QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS
WITH GIZMOJUNGLE WILL MEET YOUR REQUIREMENTS.
5. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL GIZMOJUNGLE OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY,
THE “GIZMOJUNGLE 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 GIZMOJUNGLE 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
GIZMOJUNGLE AND THE GIZMOJUNGLE PARTIES (JOINTLY) ARISING OUT
OF OR RELATING TO YOUR ACCESS TO OR USE OF THE GIZMOJUNGLE
SERVICES AND GIZMOJUNGLE 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
GIZMOJUNGLE SERVICES.
6. Indemnity. You agree to indemnify, defend, and hold harmless GizmoJungle and the
GizmoJungle 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.
7. 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 GizmoJungle of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections
above shall survive termination of this Agreement.
8. Correction of Errors and Inaccuracies. The GizmoJungle Websites and any
correspondence related to a transaction may contain typographical errors or other errors or
inaccuracies and may not be complete or current. GizmoJungle therefore reserves the right
to correct any errors, inaccuracies or omissions and to change or update the Content at any
time without prior notice. GizmoJungle does not, however, guarantee that any errors,
inaccuracies, or omissions will be corrected.
9. Modification. Gizmo Jungle reserves the right to modify this Agreement at any time. If you
do not agree to the changes, you may discontinue using the GizmoJungle Websites and/or
the GizmoJungle Services. Your continued use of any GizmoJungle Website and/or
GizmoJungle Services after any such changes take effect constitutes your acceptance to
such changes. Each time you submit a Product for sale to GizmoJungle , 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 GizmoJungle Websites and/or the
GizmoJungle Websites. The Agreement is and will be located at www.GizmoJungle
.com/service_terms. The last date this Agreement was revised is set forth below.
10. Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE ARE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH TEXAS 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 DALLAS COUNTY TX 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.