OPPO July Trade-in Terms and Conditions
In these Terms and Conditions (the Terms), we, us, our and OPPO means TFIVE PTY LTD (ABN 76 633 895 226). These Terms apply to the OPPO July Trade-in Program offered by OPPO and you should read these Terms carefully, as they form the agreement between you and us in respect of the OPPO July Trade-in Program. By participating in the OPPO July Trade-in Program, you agree to comply with these Terms and acknowledge that the Terms create a binding, legal agreement between you and us.
OMC Electronic Pty Ltd (ABN 38 168 759 046) and Moorup Technology Pty Ltd (ABN 66 628 238 951), its employees and contractors may provide certain aspects of the OPPO July Trade-in Program as our agent and partner.
1. The OPPO July Trade-in Program
(a) We make the OPPO July Trade-in Program available to Eligible Customers via our website: https://trade-in.oppoaustralia.com.au in accordance with these Terms. The OPPO July Trade-in Program is available between 00:00 am (AEST) on 10 Jul 2023 to 23:59 pm (AEST) on 12 Aug 2023 or while stock lasts.
(b) If you are an Eligible Customer (as set out below in Section 2) and:
(i) you provide your details to us to participate in the OPPO July Trade-in Program; and
(ii) you trade in your existing Eligible Device with us,
we will provide you with a Trade-in Code for which you may use toward the purchase of a New eligible device of the OPPO July Trade-in Program from us in accordance with Section 3 of these Terms below.
2. Eligibility to participate in the OPPO July Trade-in Program
(a) To be eligible for the OPPO July Trade-in Program, you must:
(i) be an individual who is a resident of Australia and at least 18 years old;
(ii) only trade in an Eligible Device (as set out below under (b));
(iii) send the Eligible Device to us in accordance with Section 4 of these Terms;
(b) For a device to be an ‘Eligible Device’ for the purposes of the Trade-in Program, the device must:
(i) be owned by you, and you must have the rights to the device. Any device that is under a lease will not be eligible for the Trade-in Program;
(ii) not be lost or stolen and you must provide proof of ownership if requested by us to do so;
(iii) not be password locked; and
(iv) be wiped clean of any personal information and be logged out of all personal accounts including any iCloud or Google accounts.
(c) OPPO may request information from you to determine whether you own or have the rights to the device, and you must provide OPPO with such information within a reasonable timeframe.
(d) If the device you wish to trade in has been reported as lost or stolen, we may request proof of ownership from you or other information that be necessary for us to determine the ownership of the device. Where you do not provide sufficient information to determine ownership, we may provide the device to the relevant authorities.
3. Trading in your Eligible Device
(a) To determine if your device can be part of the OPPO July Trade-in Program, you will need to input your details and details about your device into our Website so that we may confirm whether the device can be traded in.
(b) If your device is an Eligible Device, we will provide you with a Trade-in Code and information on how to use the Trade-in Code. The Trade-in Code will be subject to purchase a New eligible device of the OPPO July Trade-in Program only. The value of Trade-in Codes is $700 for Find X5 Carrier Unlocked, $450 for Reno 8 Open Variant and $500 for Reno 8 Carrier Unlocked. Every Trade–in Codes eligible for The OPPO July Trade-in Program also includes a $25 Konec Prepaid Sim Card.
(c) The Trade-in Code must be used within 21 days of us providing it to you and may only be used once toward the purchase of a New eligible device of the OPPO July Trade-in program or While stock lasts. The device purchased must be a New eligible device of the OPPO July Trade-in program – we will also notify you what a New eligible device of the OPPO July Trade-in program you may use your Trade-in Code to Purchase via our Website.
(d) The Trade-in Code will not be valid if the RRP of the newly purchased device has changed.
4. Delivery of Eligible Devices to OPPO
(a) Once you have purchased a New eligible device of The OPPO July Trade-in program using your Trade-in Code, you must return your Eligible Device to OPPO as set out in this Section 4.
(b) You are responsible for returning the device to OPPO within 7 days of receipt of your New eligible device of the OPPO July Trade-in program from OPPO. When we send you your New eligible device of the OPPO July Trade-in program, we will provide you with a prepaid shipping label or with a prepaid post satchel for you to use to send your Eligible Device to us. All risk remains with you until the Eligible Device is received by OPPO, and you acknowledge and agree that you are responsible for any damage to the Eligible Device during shipping or transit.
(c) You must follow any instructions provided to you by us in relation to the return of your Eligible Device including:
(i) ensuring that any device is packed in such a way that it is protected during delivery and transit to us; and
(ii) retaining your shipping receipt and tracking number so that the shipment of the Eligible Device may be tracked.
(d) Once the Eligible Device has been received by us, you acknowledge and agree that title and ownership of the Eligible Device is transferred to OPPO.
5. Payments
(a) If:
(i) you do not send your Eligible Device to us within 7 days of you receiving your New eligible device of the OPPO July Trade-in program; or
(ii) we receive your device and it does not meet the criteria for an Eligible Device or is not as described by you (as determined by us in our reasonable opinion), then OPPO may charge you for the full amount of value of the Trade-in Code that was applied to the purchase of your New eligible device of The OPPO July Trade-in program. We will use reasonable efforts to notify you prior to applying such charges of the amount to be charged and the reason(s) why the amount is being charged.
(b) You authorise OPPO to charge the amounts described in Section 5(a) above to the same credit card or other payment method you used to purchase your New eligible device of the OPPO July Trade-in program. If you do not have sufficient credit available, we will notify you and you must provide an alternative payment method.
(c) All amounts quoted by OPPO for the Trade-in Program are stated in Australia Dollars.
6. Your Obligations
(a) You are responsible for:
(i) ensuring any security measures, including security locks or pin codes, are removed from the device;
(ii) removing the SIM card from your device, which, if not removed, will not be returned to you and may be destroyed; and
(iii) delivering the device to us in accordance with Section 5 above.
(b) back up any information or photos stored on the device. You acknowledge and agree that we will not be able to recover any data stored on your device and that we are not responsible for any lost data.
(c) You must ensure that the device has been wiped clean and that you have undertaken a factory reset of the device so that there is no personal information or confidential information on your device. You must also ensure that you log out of all personal accounts on the device.
(d) If personal or confidential information remains on the device when traded in, you consent to OPPO using a third-party provider to perform a factory reset or wipe the device, in which all information will be deleted.
(e) You must not:
(i) use the OPPO July Trade-in Program in any way that is unlawful or is not permitted by these Terms including by using or attempting to use the OPPO July Trade-in Program to trade in a stolen device; or
(ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity.
7. Warranties and liability
(a) To the maximum extent permitted by applicable law, our maximum aggregate liability for all claims under or relating to these Terms, whether in contract, tort (including negligence), equity, under statute or on any other basis, is limited to the manufacturer warranties. (https://support.oppo.com/au/warranty-policy/)
(b) Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(c) Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
8. Termination or suspension
(a) If we reasonably believe that you:
(i) have breached these Terms;
(ii) are using or attempting to use the OPPO July Trade-in Program in a fraudulent or illegal way; or
(iii) have provided false or incorrect information to us,
we may terminate our agreement with you or suspend you from using the OPPO July Trade-in Program. We will generally use our best endeavours to notify you of such termination or suspension unless we need to do so immediately for security reasons or to comply with our legal obligations.
9. General
(a) We may update these Terms from time to time, and all changes to the Terms will be posted on our website. If any new terms are materially different to these Terms, we will use our reasonable efforts to notify you of the changes.
(b) Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.
(c) If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(d) These Terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
(e) These Terms and any other conditions provided in respect of the use of our website constitute the entire agreement between you and us in relation to the products and supersede all other (prior or contemporaneous) communications or displays, whether electronic, oral, or written, between you and us in relation to this Trade-in Program.
(f) Each party agrees that the other may communicate with it electronically for all aspects of the OPPO July Trade-in Program, including by sending electronic notices.
(g) The provisions of these Terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry.
(h) The term “including” when used in these Terms is not a term of limitation.
10. Definitions
In these Terms, the following words have the meaning set out below:
Eligible Device means a device that meets the criteria set out in Section 2 of these Terms.
New eligible device of the OPPO July Trade-in program means a device that may be purchased by you using the Trade-in Code. For clarity, New eligible devices of the OPPO July Trade-in program that you may purchase are shown to you when confirming whether your device is an Eligible Device.
Trade-in Code means a code provided to you that may be used for a discount toward the purchase of a New eligible device of the OPPO July Trade-in program from OPPO.
The OPPO July Trade-in Program means the program offered by OPPO where Eligible Customers can trade in their existing Eligible Devices for a credit that the Eligible Customer can use against the purchase of a new The OPPO July carrier unlocked device from OPPO.