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Primis In Faucibus

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Home/Terms of Sale

Last Updated: February 14, 2025

Terms of Sale

Binding contract between OSMMOBILES.COM (Seller) and the business entity purchasing goods (Buyer).

These Terms of Sale ("Agreement") constitute a binding contract between OSMMOBILES.COM ("Seller," "we," "us") and the business entity purchasing goods ("Buyer," "you"). By placing an order with OSMMOBILES.COM —whether via our website, email, WhatsApp, or any other method—you agree to be bound by these terms.

1. Wholesale Nature of Business

1.1 B2B Only

Seller is a wholesaler. Buyer represents and warrants that they are a business entity purchasing goods for resale, commercial use, or institutional use, and not as a "consumer" for personal use.

1.2 Right to Refuse

Seller reserves the right to cancel any order if we determine, at our sole discretion, that the Buyer is not a legitimate business entity.

2. Orders and Acceptance

2.1 Order Placement

Orders are requests to purchase goods. An order is not binding on the Seller until the Seller issues a formal Invoice or Sales Confirmation.

2.2 Stock Availability

All orders are subject to stock availability. Due to the fast-moving nature of the secondary mobile market, stock levels change rapidly. If an item becomes unavailable after ordering, Seller will notify Buyer and offer a substitute or a refund for that specific item.

2.3 Order Modifications

Once an invoice has been generated and payment has been made, orders cannot be modified without the written consent of the Seller.

3. Pricing and Payment

3.1 Pricing

Prices are quoted in USD and are "Ex Works" (EXW) Hong Kong, unless otherwise stated on the invoice. Prices do not include shipping, insurance, or taxes.

3.2 Payment Terms

Unless approved for credit terms in writing, all orders must be paid in full prior to shipment.

3.3 Payment Methods

We accept Wire Transfer (T/T), USDT, and other approved methods. Buyer is responsible for all bank charges and transfer fees. The net amount received by Seller must match the invoice total.

3.4 Late Payment

If terms are granted, late payments may be subject to interest at a rate of 1.5% per month or the maximum allowed by law.

4. Shipping, Title, and Risk of Loss

4.1 Incoterms

Unless specifically agreed otherwise in writing, all sales are made Ex Works (EXW) Hong Kong.

4.2 Risk Transfer

Title to the goods and risk of loss pass to the Buyer the moment the goods are tendered to the carrier (FedEx, DHL, UPS, or Buyer's Freight Forwarder) at Seller's facility.

4.3 Insurance

Buyer acknowledges that international shipping carries risks. Seller strongly advises Buyer to purchase full transit insurance. If Buyer declines insurance, Seller is not responsible for lost, stolen, or damaged packages.

4.4 Customs

Buyer is the "Importer of Record" and is solely responsible for:

  • Complying with all import laws of the destination country.
  • Paying all import duties, VAT, and taxes.
  • Customs clearance delays or seizures.

5. Product Condition and Grading

5.1 Grading Standards

Buyer acknowledges that they have reviewed Seller's Grading Scale. Used devices are sold "as is" regarding cosmetic condition, provided they fall within the definitions of the purchased grade.

5.2 Battery Life

  • Grade A+/A: Minimum 85% Health.
  • Grade B/C: Minimum 80% Health.
  • Seller does not guarantee 100% battery health on used devices unless specified.

6. Warranty and Returns (RMA)

6.1 Warranty Scope

  • Brand New: Subject to Manufacturer's Warranty.
  • Used: Seller provides a 30-Day functional warranty from the date of delivery.

6.2 Covered Defects

The warranty covers hardware malfunctions (e.g., microphone failure, camera failure, power issues) that were not disclosed at the time of sale.

6.3 Voided Warranty

The warranty is immediately void if:

  • The device has physical damage (cracked glass, LCD damage) or liquid damage.
  • The device has been opened, repaired, or tampered with by a third party.
  • The device is locked to an ID (iCloud/Google) after sale.

6.4 RMA Process

Buyer must obtain an RMA number before returning goods. Returns received without an RMA number may be rejected.

6.5 Return Shipping

Buyer is responsible for shipping costs to return defective items to Seller's Hong Kong facility. Seller will cover the cost of shipping replacements back to Buyer.

7. Limitation of Liability

7.1 Seller shall not be liable for any indirect, special, incidental, or consequential damages (including lost profits or business interruption) arising out of the sale or use of the goods.

7.2 In no event shall Seller's total liability exceed the purchase price of the specific goods giving rise to the claim.

8. Force Majeure

Seller shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, customs delays, labor disputes, or carrier interruptions.

9. Governing Law

These Terms of Sale shall be governed by the laws of the Hong Kong Special Administrative Region. Any disputes arising from these terms shall be settled in the courts of Hong Kong.

By submitting payment for an order, Buyer acknowledges that they have read and agree to these Terms of Sale.