Trade-in Terms

General Terms

1. The device purchase service is offered by Entelar Limited (“Entelar”). This agreement is directly between you, the owner of the device being sold (“device”) and Entelar, the purchaser of the device. Spark, the retail store or retail agent in-store are Entelar’s agent for the purposes of the trade in.
2. By entering into this agreement you confirm that you are the sole owner of the device, you have the right to sell or dispose of the device to any third party, and the device is free and clear of all security interests, liens and other encumbrances (including, but not limited to, any security interest as defined in the Personal Properties Securities Act 1999).
3. Entelar will only purchase devices that:
   1. Exist in its system’s database and have an indicative trade value listed; and.
   2. Are in an acceptable condition, to be determined at our sole discretion.
4. The value presented to you at the Spark store is the amount Entelar is offering to purchase the device from you, and:
   1. If you want to continue with the device’s sale to Entelar based on this value, the store or agent will send the device to Entelar. The device sale will be confirmed via email or SMS and Entelar will arrange for the device’s purchase price to be credited to your Spark account.
   2. If you decide not to accept the offer, you are not obliged to go through the trade in process, and the offer to purchase your device expires.
5. The device's purchase price includes GST (if any). It is your responsibility to comply with all applicable laws including the Goods and Services Tax Act.
6. On and from the date of Entelar's confirmation notice:
   1. Title in the device will transfer to Entelar, and;
   2. The device can't be returned to you.
7. You agree that: 
   1. Entelar will issue a “buyer-created tax invoice“ on your behalf in respect of Entelar's purchase of your device, and;
   2. You will not issue a tax invoice in respect of Entelar's purchase of your device. 
8. The purchase price credited to your Spark account is non-refundable (it can't be exchanged for cash or credited to your bank account) and non-transferrable (it can't be transferred to any other person or any other person's Spark account).
9. The purchase of the device is at our sole discretion. Not all devices will be eligible to trade in.

Removal of SIM, data and personal information

1. The device must have all accounts deactivated and be factory reset before it is booked into the Entelar system and sent to Entelar for assessment. This includes removing the SIM card and deleting any data and personal information from the device. If you fail to remove your SIM card and/or delete all data and personal information from the device, you agree to release Entelar from all claims, losses or damages with respect to the use of the SIM card, data or any personal information whether arising before or after release of the device to Entelar. 
   
2. Once you release any SIM card, data and/or personal information to Entelar, they can't be returned to you. 
   
3. Entelar accepts no responsibility in relation to the security, protection, confidentiality or use of any personal information which is stored on your device, and/or memory card and/or SIM card. 

Lost, blocked, stolen or fake phones

1. Entelar will reject the device if it determines it to be lost, stolen, network locked, tampered with, defective or fake. 
   
2. If the device is listed on any of the stolen asset registers or “Blacklist” registers maintained by the NZ Police and/or New Zealand mobile operators, Entelar reserves the right to:
   1. hand the device in to the appropriate authorities; and
   2. reclaim the purchase price that you received under this agreement if Entelar discovers the device is lost, blocked or stolen within three months of its confirmation notice.