Terms & Conditions

Last Updated: August 31, 2025

Please read these Terms and Conditions ("Terms") carefully before using the SecondHandCell website ("Service") operated by us.

1. User Obligations

By using the Service, you represent and warrant that:

• You are the legal owner of the device you are selling.
• The device is not reported as lost or stolen, and its IMEI is not blacklisted.
• The device has no outstanding balance and is not subject to any financing or lease agreement.
• All information you provide about the device is accurate and truthful.

2. The Offer Process

• The initial quote provided on our website is an estimate based on the information you provide.
• Upon receiving your device, we will conduct a thorough inspection. If the device's condition differs from what was described, we will issue a revised offer via email.
• You have seven (7) days to accept or decline the revised offer. If you do not respond within this 7-day period, the revised offer will be automatically accepted on your behalf, and we will proceed with payment.
• Once an offer (initial or revised) is accepted, it is locked in and final. There is no option for a re-offer or to have the device returned.

3. Shipping and Risk of Loss

We provide a prepaid shipping label and materials. SecondHandCell is not responsible for any damage or loss that occurs before the device is received and scanned by our designated shipping carrier.

4. Limitation of Liability

In no event shall SecondHandCell, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

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5. Policy on Lost/Stolen Phones & Legal Compliance (New York State & NYC)

SecondHandCell is committed to operating in full compliance with all applicable laws and regulations regarding the purchase and sale of secondhand goods, particularly those concerning lost or stolen property. This section outlines our strict policy and the legal framework governing such transactions in New York State and New York City.

Laws That May Apply (NY State + NYC)

• New York Penal Law § 155.05(2)(b) – Larceny by acquiring lost property: If someone acquires lost property and does not take reasonable measures to return it, it counts as larceny.
• New York Penal Law § 165.40 – Criminal possession of stolen property in the 5th degree: Knowingly possessing stolen property (or should reasonably know it’s stolen) is a misdemeanor.
• New York Penal Law § 165.45–165.54 – Criminal possession of stolen property (4th–1st degree): Felonies based on the value of the stolen property. Smartphones can easily push this into felony territory if valuable.
• New York City Administrative Code § 20-272 et seq. (Secondhand Dealer Law): Dealers in secondhand goods must:
  • Keep records of all items received (including seller ID).
  • Provide daily reports to the NYPD of transactions (often through electronic reporting).
  • If police suspect an item is lost/stolen, you must hold and exhibit it to them.
• New York City Administrative Code § 20-273: It is unlawful to conceal, withhold, or refuse inspection of such goods.
• General Business Law (NY) GBL § 89-g and following – Regulation of pawnbrokers and secondhand dealers: Requires keeping detailed records and prohibits resale of items flagged as stolen/lost until cleared.

Process to Handle Lost/Stolen Phones in Your Buyback

Here’s our step-by-step written policy to handle devices suspected of being lost or stolen:

Intake & Verification

• Every device received must be checked against:
  • IMEI/serial number databases (e.g., GSMA, carrier blacklists).
  • Customer’s government-issued ID at time of transaction.
• Record the transaction in compliance with NYC Secondhand Dealer laws.

If a Device is Flagged as Lost or Stolen

• Immediately set the device aside and do not refurbish, resell, or dispose of it.
• Clearly label it as “On Hold – Suspected Lost/Stolen.”

Customer Communication

• If the customer requests the item back:
  • Explain: “Under New York law, we cannot return or release devices suspected to be lost or stolen. These items must be reported and may only be released by law enforcement.”

Law Enforcement Notification

• Report the device to the NYPD Property Clerk’s Office (or local precinct if outside NYC).
• Provide transaction records, customer ID, and the device itself if requested.

Outcome

• If police confirm the device is stolen:
  • It will be seized and returned to the rightful owner or carrier.
• If cleared:
  • You may proceed with processing the device as normal.

Recordkeeping

• Keep all paperwork of the transaction, report, and police correspondence for at least 5 years (per NYC dealer rules).