These Terms and Conditions (“Terms”) are a legal contract between You (“You” or “Your”) and KEH, Inc. (“KEH,”“KEH Camera,”“We”, “Us” or “Our”), and govern any purchase or sale of any Product or any other transaction between You and KEH (collectively “Transactions”), including any purchase or through the KEH.com website (this “Website”) or otherwise through Our associates and/or others associated with Us.
These Terms also govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through the Website.
READ THESE TERMS CAREFULLY BEFORE CONDUCTING ANY TRANSACTION WITH US OR BROWSING OR USING THIS WEBSITE OR THE SERVICES. CONDUCTING A TRANSACTION OR USING THIS WEBSITE OR THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Legal Compliance: You may not use our website or our services to sell or purchase products or engage in other activities if you are the subject of U.S. sanctions or other applicable sanctions of other countries to the extent consistent with U.S. law. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. You represent, warrant and covenant that you have not and will not cause KEH or its affiliates to be in violation of any applicable state, federal, domestic, foreign, or international anti-corruption, anti-bribery, anti-kickback, anti-fraud, anti-money laundering, anti-terrorist financing, export control, sanctions, embargo, import control, customs, tax, or other law, regulation, government or executive order, or judicial or administrative decision or determination.
KEH Sell-Your-Gear program
We offer consumers the ability to buy and sell pre-owned cameras and related accessories (the “Products”) both offline or through the Websites under Our KEH Sell-Your-Gear Program. The following terms apply to any sale of Productsto Us under the KEH Sell-Your-Gear program:
- You may sell Your Product to Us by requesting a quote by either calling (800) 342-5534 or using Our online quote wizard at the Website. Any quote that We provide is subject to Our confirmation of the quality and condition of the Product after We receive it from You as described below.
- You will be asked to choose a condition for Your Product according to Our Product Grading Criteria. Prior to choosing a condition for Your Product, You must review the condition description presented to You during the KEH Sell-Your-Gear submission process, inspect Your Product thoroughly and ensure that it meets the condition criteria You specify. We will inspect Your Product against the same condition criteria.
- Products You submit for KEH Sell-Your-Gear program are subject to acceptance by Us. We will determine the type and condition of Product(s) You submitted based on what We actually receive, and not what You described in the submission process. We are not responsible for any discrepancies between what You describe in Your submission and what We receive.
- Products You submit to KEH under the KEH Sell-Your-Gear program must be shipped only from the United States or APO/FPO, and You must have a physical address or P.O. Box located in the United States or APO/FPO. Products shipped from outside the United States or APO/FPO may not be accepted or returned.
- If We determine that the Product We receive does not match the description You provided upon submission (an “Incorrect Product”), We will have the right in Our sole discretion to return the Incorrect Product to You at Your cost or accept the Incorrect Product for purchase under these Terms. If We elect to accept the Incorrect Product, We will contact You by either email or phone to provide You a proposed price for purchase of the Incorrect Product. If You do not accept the proposed price or do not respond to Us by email or phone within 21 days, We will return the Incorrect Product to You at Your cost.Standard Ground shipping rates will apply.
- The Products You submit will be inspected by Us and graded against the Product Grading Criteria to determine the proper grade of each Product, in each case as determined by Us in Our sole discretion.
- We cannot confirm the value of a Product until We receive it. Despite Our best efforts, a small number of the Products in Our catalog may display an inaccurate estimated value. In such cases, We will contact You to inform You of such and provide You the actual value as well as to get Your acceptance thereto before sending You a payment to purchase such Product. If You do not accept the value We propose, We will return the Product to You at Your cost. Standard ground shipping rates will apply.
- If a Product is graded lower than what You have selected, then (i) if You have selected the ‘ Accept Price in a range of price’ , then We will automatically purchase the Product and make payment to You provided that the amount to be paid is within the range that was accepted by You, or (ii) We may, at Our discretion, either contact You to see if You would like to accept the lower price or return the Product back to You at no additional cost (in which case You will not receive any payment for the returned Product).
- Notwithstanding Your election to sell Us a Product or Your shipping the Product to Us, or Our providing a quote, We reserve the right to elect not to purchase any such Product (which may be all or a portion of what You desire to sell to Us) in Our sole discretion, including without limitation if certain quantity limits We hold in stock are reached. If We so elect after You have shipped or We have received the Product, We will return the Product to You at no additional cost. You will not receive any payment for any such Product.
- Products purchased from You will be paid via check or PayPal determined by your selection.You are responsible for reporting and paying all taxes incurred in connection with any payments made to You.
- You make the representations and warranties regarding all Products You submit and sell to Us as set forth in the Your Warranties and Indemnities set forth below and that Your submission of the Products complies fully with these Terms We may use a stolen goods database to determine if submitted Products were ever reported stolen and if required by law, report such stolen goods to the applicable law enforcement authorities.
- We are not responsible for any damage, loss or theft to a Product that is rejected and shipped back to You (“Returned Product”). If for any reason a Returned Product is returned to Us by the carrier as undeliverable, You agree that We can dispose of the Returned Product, including disposing, selling, destroying or recycling it, in Our discretion without any further liability or obligation to You.