Terms & Conditions
trademyphone.co.uk
Please read these terms and conditions carefully
before submitting your sell order from our site. You should understand that by
submitting an order, you agree to be bound by these terms and conditions and
our terms of use.
You should print and keep a copy of these terms and
conditions and the terms of use for future reference.
How
The Contract Is Formed Between You And Us
Our site is only intended for use by people
registered with us and resident in Great Britain and Northern Ireland. At our
complete discretion we may accept or reject orders from people outside of these
territories.
Your contract with us will be formed when we
receive your sell order. It will incorporate these terms and conditions and our
terms of use. Please click on the “How It Works” page for more information.
You must own all rights, title and interests in any
phone(s) and/or devices (inc. Tablets, Watches, Gaming and Laptops) that you
send to us.
Ownership of the device(s) will pass to us when we
receive them, in accordance with these terms and conditions, and we have
dispatched payment to you, when, hence, a contract will be formed.
The contract between you and us is binding on you
and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise
dispose of a contract, or any of your rights or obligations arising under it,
without our prior written consent.
We may transfer, assign, charge, sub-contract or
otherwise dispose of a contract, or any of our rights or obligations arising
under it, at any time during the term of the contract.
You may cancel the contract with us at any time up
to the time when you send us the device (“cooling-off period”), providing:
§ the
contract was negotiated and concluded exclusively by means of distance
communication (including, but not limited to, telephone, letter, fax or email);
and
§ you
are a natural person acting outside the purposes of any business.
When cancelling during the cooling-off period, you
need not give us any reason for cancelling the contract, nor will you have to
pay any administration charges.
To cancel the contract you must notify us in
writing.
Other than if the device does not meet our terms
and conditions (see below), this contract cannot be cancelled after you have
sent your device(s) to us (outside the “cooling-off period”).
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE
DEVICE(S) TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
Consumers
By placing an order through our site, you warrant
that:
§ You
are resident in Great Britain or Northern Ireland; and
§ You
are accessing our site from that country; and
§ You
are legally capable of entering into a binding contract; and
§ You
are at least 18 years old; or
§ If
you are under 18 years of age, that you have obtained your parent’s or
guardian’s consent to sell your device to us for the sum indicated via our
website.
You and your parents or guardians release us of any
liabilities or claims that may arise if you send the device to us in breach of
this warranty.
If you deal as a consumer any provision of this
contract which is of no effect to a consumer shall not apply. Your statutory
rights are not affected by this contract.
For the purposes of these terms and conditions,
“consumer” means an individual who neither makes this contract in the course of
a business, nor holds himself out as doing so, as defined by the Unfair
Contract Terms Act 1977.
Businesses
By placing an order through our site, you warrant
that:
§ You
are authorised to act on behalf of the registered business; and
§ You
are based in Great Britain or Northern Ireland; and
§ You
are accessing our site from that country; and
§ You
are legally capable of entering into a binding contract.
Devices
Each device (inc. Tablets, Watches, Gaming and
Laptops) sold should match the make and model in the sale order and meet the
following conditions:
Mobile
Excellent
§ Up
to 0 very light scratches on the screen
§ Up
to 3 light scratches on housing and camera surround
§ No
cracks, dents, scuffs, missing paint, pressure marks, screenburn or dead pixels
§ Handset
powers on and is fully functional
§ Home
button, Touch ID, Face ID and NFC all function correctly
§ No
liquid damage
§ Battery
health is a minimum of 85%
§ Where
applicable stylus must be included
§ Handset
is a UK model with original software and hardware that has not been modified,
jail broken or rooted
§ PLEASE
DO NOT SEND accessories or the original box as we will not be able to return
them
Good
§ More
than 3 very light scratches on the screen
§ More
than 5 light scratches on housing and camera surround
§ Some
dents, scuffs or missing paint
§ Handset
powers on and is fully functional
§ Home
button, Touch ID, Face ID and NFC all function correctly
§ Cracked/damaged
camera lens
§ No
liquid damage or screenburn
§ Battery
health is a minimum of 80%
§ Where
applicable stylus must be included
§ Handset
is a UK model with original software and hardware that has not been modified,
jail broken or rooted
§ PLEASE
DO NOT SEND accessories or the original box as we will not be able to return
them
Faulty
Faults include but are not limited to:
§ Physical
damage (cracks, pressure marks, screenburn, bent, engravings, pixel
discolouration or dead pixels)
§ Heavily
scratched/grazed housing that will need to be replaced
§ Display
has deep scratches that can be felt, delamination, chips or cracked glass
§ Screen
has lifted or is poorly fitted
§ Dust
under screen and/or under camera
§ Internal
damage on camera lens
§ Handset
is not fully functional
§ Handset
does not charge, freezes or is stuck in a loop
§ Home
button, Touch ID, Face ID and NFC do not function correctly
§ Home
button is cracked or damaged
§ Power
button is stiff, cracked or damaged
§ Faulty
mute button
§ Spots
on or faulty camera
§ Telephoto
lens fault
§ Quiet
microphone or earpiece
§ No
service
§ Faulty
proximity
§ Accelerometer
§ Overheats
§ Wi-Fi
and/or Bluetooth fault
§ Signs
of liquid damage
§ Battery
health is less than 80%
§ Where
applicable stylus is missing
§ Handset
is a non UK model, software and/or hardware has been modified, jail broken or
rooted
§ If
we are unable to wipe your device (e.g. due to non-power up etc.) we may be
able to recycle your device but unfortunately, we will not be able to offer any
value
§ We
cannot buy your Handset if it is Barred; FMI or account locked; has been
tampered with or is missing internal components
§ PLEASE
DO NOT SEND accessories or the original box as we will not be able to return
them
Tablet
Excellent
§ Tablet
powers on, is fully functional; free from any
physical/liquid damage or faults. Home button; Touch ID; Face ID; NFC all
function correctly.
§ Can
have light signs of use.*
§ Battery
health is a minimum of 80%.
§ Tablet
is a UK model with original software that has not been modified; Jail Broken or
rooted.
§ Where
applicable stylus must be included.
§ PLEASE
DO NOT SEND accessories or the original box as we will not be able to return
them.
* Very light scratches on the screen up to 1; light
scratches on housing and camera surround up to 3. No cracks; dents; scuffs;
missing paint; pressure marks screenburn or dead pixels.
Good
§ Tablet
powers on, is fully functional; free from any
physical/liquid damage or faults. Home button; Touch ID; Face ID; NFC all
function correctly.
§ Tablet
displays heavier signs of use e.g.
Scratches; scuffs; dents; paint is chipped.*
§ Battery
health is a minimum of 80%.
§ Tablet
is a UK model with original software that has not been modified; Jail Broken or
rooted.
§ Where
applicable stylus must be included.
§ PLEASE
DO NOT SEND accessories or the original box as we will not be able to return
them.
* Multiple light scratches on screen over 3;
Multiple light scratches on housing over 5; dents; scuffs; some missing paint.
Multiple scratches on screen cannot be deep enough to cause rainbow effect. No
cracks; pressure marks screenburn or dead pixels.
Faulty
Tablet has a functional fault or is physically
damaged. Faults include but are not limited to:
§ Stiff
power button; Faulty mute button; spots on/or faulty camera; Quiet microphone
or earpiece; dust on camera or under screen.
§ Tablet
does not charge; freezes or is stuck in a loop; Wi-Fi; Bluetooth fault; No
Service; faulty proximity; accelerometer; overheats.
§ Display
has heavy scratches that can be felt or create a rainbow effect on the screen;
delamination; chips or cracked glass.
§ The
LCD is not original or an OEM replacement; is cracked; bleeding; has pressure
marks/white spots; discolouration or dead pixels. Does not display. Has screen
burn. Screen has lifted or is poorly fitted.
§ Housing
has delamination/peeling; is damaged, cracked, bent or major dent in the case,
rear cover/glass, camera lens.
§ Your
tablet has been engraved or personalised.
§ Home
button; Touch ID; Face ID; NFC do not function correctly. Home button is
cracked/damaged.
§ Battery
is in poor health – less than 80%.
§ Where
applicable stylus is missing.
§ Tablet
is a non UK variant; has been modified; Jail Broken or rooted.
§ Any
signs of liquid damage.
§ We
cannot buy your Tablet if it is Barred; FMI or account locked; has been
tampered with or is missing internal components; is crushed or bent/snapped in
half.
§ As
your data is of the upmost importance to us, if we are unable to wipe your
device (e.g. due to non-power up etc.) We may be able to recycle your device
but unfortunately, we will not be able to offer any value.
§ PLEASE
DO NOT SEND accessories or the original box as we will not be able to return
them.
By
submitting an order through our site you warrant that the phone(s) and/or
devices(s) comply with these terms.
If a phone/device fails to meet our terms and
conditions we’ll propose an adjusted price by email. If you choose to decline
our new offer, we are happy to return the phone. We have the final decision on
all phone values. Adjusted orders will be automatically processed for payment
if you do not reply to our proposed offer email within 14 days.
Data
Risks and Precautions – Important
Please remember that by sending your device to us,
you agree to release us from all and any claims, losses or damages with respect
to the device, any data stored or contained therein or on any media used in
conjunction with the device (whether in the form of personal details, SMS,
photos, games, songs or other data (“Data”)). We accept no responsibility in
relation to the security, protection, confidentiality or use of such data and
it is your responsibility to ensure so far as practicable that Data is removed
from the device prior to you sending it to us.
Although in our experience the risk of Data left on
your device being accessed by us or by any third party to whom we subsequently
sell the device are very low, we draw to your attention the following points
which will help you decide whether to accept the risk of selling us a device
which may contain accessible Data.
If your device is functional, we strongly advise
that you delete all personal data from the device prior to sending it to us.
Please use our free Mobile Data Delete Tool to obtain step-by-step instructions
on how to delete personal data from your device.
If your device is non-functional and has a “remote
wipe” function, then we strongly advise that you attempt wiping the device
prior to sending it to us.
If your non-functional device cannot be data wiped
but has a PIN lock (a password or combination which needs to be entered to
access the phone when switched on) then this will block third party access and
mean that anyone repairing the device will be required to return the phone to
its factory settings, in the process wiping the Data held on the device.
Please note it may not be possible to delete Data
directly from a non-functioning device. If you send us a non-functioning device
you are therefore accepting the risk that it may still contain Data which may
be accessible to any person who repairs the phone. This may include third
parties to whom we have sold the device for spare parts.
Please note that while (as stated above) we do not
accept any liability in respect of the security, protection, confidentiality or
use of Data included on any device, as a matter of practice we do not transfer
any device to any third party except on terms which require them to wipe that
Data.
Sim
Card removal – Important
You are responsible for cancelling any airtime
contract linked to each device. We are not responsible for any call costs arising
before, or after, receipt of your device, or arising from any other
circumstances whatsoever.
Please ensure you remove your SIM card before
sending us your device. We accept no liability in the event that a SIM card is
sent with a device and charges are then incurred. You shall continue to be
responsible for such charges. Any SIM cards received by us are non-returnable.
Lost
or Stolen Mobile Phones and Devices
Selling a mobile phone or device which you do not
own may amount to a criminal offence. TradeMyPhone support and adhere to the
‘Stop Stolen Mobiles Being Recycled’ code of practice set by the Home Office
and the National Mobile Phone Crime Unit.
We will check the IMEI/Serial number of all mobile
phones and devices received on the CheckMEND (www.checkmend.com)
database of lost and stolen property records to ensure no lost or stolen items
are purchased.
If a mobile phone or device is found to have a
record that indicates it has been lost or stolen or we become aware of any
other issue relating to its ownership, we will notify the seller by email and
quarantine the mobile phone or device for an initial period of 28 days (“the
Quarantine Period”). Payment for the mobile phone or device will be withheld by
us until the CheckMEND record does not show the mobile phone as stolen or lost.
In such circumstances you will be required to
contact CheckMEND to prove that you are the rightful owner of the mobile phone
or device and have the lost or stolen records associated with it cleared within
the Quarantine Period and/or resolve any other issue relating to its ownership.
If during the Quarantine Period the mobile phone or
device is cleared on the CheckMEND database and any other issue relating to
ownership of the same is resolved, your sale will be processed and paid for as
normal.
However, where the mobile phone or device is not
cleared on CheckMEND within the Quarantine Period, we will be required by law
to hold onto the mobile phone or device, pass it to the Police or other law
enforcement body or dispose of it, and by entering into this contract, you
expressly agree to this action. You will not receive any payment if such steps
are taken.
UK legislation states that we cannot under any
circumstances return or pay for a mobile phone or device which is lost, stolen
or recorded as such unless endorsed in writing by CheckMEND and by such you
agree to pay any return costs involved.
If you have received payment from us for a mobile
phone or device which we subsequently become aware of an issue relating to
ownership, you agree to immediately reimburse us in full, within 3 business
days following a written request by us, for any such payment pending an
investigation by us or any law enforcement body into ownership of the device or
mobile phone.
We shall be entitled to set-off any sums properly
due and owing to us under any contract made between you and us incorporating
these terms and conditions against any sums owed by us to you under the same or
any other contract between us. We will inform you in writing of any set-off
carried out by us pursuant to this provision.
If we at any time become aware of any issues
relating to the ownership of the mobile phone or device, you agree to
co-operate with us fully with a view to resolving the issues. You may also be
contacted by the Police and/or other law enforcement authorities.
We may disclose seller details to the Police or
other authorised bodies (such as, but not limited to, network operators and
insurance companies) for the purpose of investigating or preventing a crime. By
entering into this contract you agree to us supplying data to the police or
other authorised bodies for the purpose of the prevention and detection of
crime, arrest and prosecution of offenders or for the recovery of stolen
property.
Pricing
Prices offered on our website are subject to change
at any time without notice.
All prices include VAT (or other applicable tax).
When your order has been placed, the prices quoted
are guaranteed for 14 days from the ‘Order Approved’ date. (This is the date on
which we send you a confirmation letter and Freepost bag.) If your phones are
received after 14 days from the ‘Order Approved’ date, the up-dated, current
prices will apply. This could be disappointing – so to help you, we’ll send a
reminder email during the 14 day guarantee period.
Postage
& Packaging
We have various posting options which include a
freepost service.
Phones and devices must be packaged in accordance
with our packaging instructions to ensure safe and successful delivery to us.
As we are not the legal owner of the goods at time
of you sending the device(s) to us, our ability to make claims on your behalf
maybe impacted as a result.
We do not accept responsibility for loss of goods
from third party providers, but will assist you (in the rare cases where this
is required) where we are able.
For the avoidance of doubt, please note you will be
covered up to:
§ £100.00
with DPD
§ £150.00
tracked 48 with Royal Mail
§ £750.00
special delivery with Royal Mail (this will be subject to you filing the claim)
We recommend if you have an order of significant
value that you use the Royal Mail special delivery.
Registered deliveries should be sent to us at TradeMyPhone
headquarters:
TradeMyPhone
Unit G8, Southall TownHall,
1 High Street,
Southall, UB1 1DA
Payments
We offer an option of cheque, bank transfer or gift
e-card. You will be required to select a payment option when placing each
online sell order. Unfortunately, this payment option cannot be changed once
the order is placed.
When we receive your sale items, we will check that
the sale is complete, and that it meets our terms and conditions. Providing it
does, we will post/make payment to you, by cheque, bank transfer or gift e-card
on the same day of receipt (Monday to Friday, excluding public holidays). Same
day payment does not apply to sale items received after 2pm and in events that
are out of our control.
Bank
Transfer payments
Bank Transfer payments can only be made to the
account details given when placing the online order. We cannot, under any
circumstances, recall or reissue bank transfer payments once they have been
made.
Events
Outside Of Our Control
We will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under a
contract that is caused by events outside our reasonable control or due to our
compliance with any applicable laws or regulations.
Apple
and Google Activation Lock
If your device(s) is activation locked we will
contact you with instructions on how to remove the lock. If you fail to respond
to this email within 7 days we will return the device for a fee of £20. If the
delivery failed and If there is no contact for 7 days we will automatically
process the order at the amended price for Activation Locked phones which is
£0.
Rejected
offers
If you reject an amended offer for your order we
will return your device/s for a fee of £20. Please allow 3-5 working days. If
the delivery is failed and If there is no contact for 7 days we will
automatically process your payment at the amended price.
All rejected offers are returned on a Tracked 48
hour service covered up to £150. Should you wish to increase the level of cover
up to £750 there will be a charge payable of £7.50 please contact our customer
service team to arrange this.
This page details the terms of use by which you may
make use of our website TradeMyPhone.co.uk (“our site”), whether as a guest or
a registered user. Please read these terms of use carefully before you start to
use the site. By using our site, you indicate that you accept these terms of
use and that you agree to abide by them. If you do not agree to these terms of
use, please refrain from using our site.
1.
Information About Us
www.trademyphone.co.uk is a site operated by Trade My
Phone Limited (“We”). We are registered in England and Wales under company
number and have our registered office at TradeMyPhone Limited, Unit G8,
Southall Townhall, 1 High Street, Southall, UB1 3HA.
2.
Accessing Our Site
2.1 Access to our
site is permitted on a temporary basis, and we reserve the right to withdraw or
amend the service we provide on our site without notice (see below). We will
not be liable if for any reason our site is unavailable at any time or for any
period.
2.2 From time to
time, we may restrict access to some parts of our site, or our entire site, to
users who have registered with us.
2.3 If you
choose, or you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any third
party. We decline all and any responsibility in the event you suffer any loss
or damage following any unauthorised use or misuse of your password. We have
the right to disable any user identification code or password, whether chosen
by you or allocated by us, at any time, if in our opinion you have failed to
comply with any of our terms and conditions.
2.4 When using
our site, you agree that you will use our site only for lawful purposes.
2.5 You may not
use our site:
§ In
any way that breaches any applicable local, national or international law or
regulation.
§ In
any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect.
§ For
the purpose of harming or attempting to harm minors in any way.
§ To
send, knowingly receive, upload, download, use or re-use any material which
does not comply with our content standards.
§ To
transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
(spam).
§ To
knowingly transmit any data, send or upload any material that contains viruses,
Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any
other harmful programs or similar computer code designed to adversely affect
the operation of any computer software or hardware.
2.6 You also
agree:
§ Not
to reproduce, duplicate, copy or re-sell any part of our site in contravention
of the provisions of our terms of website use.
§ Not
to access without authority, interfere with, damage or disrupt:
§ any
part of our site;
§ any
equipment or network on which our site is stored;
§ any
software used in the provision of our site; or
§ any
equipment or network or software owned or used by any third party. You are
responsible for making all arrangements necessary for you to have access to our
site. You are also responsible for ensuring that all persons who access our
site through your internet connection are aware of these terms, and that they
comply with them.
3.
Intellectual Property Rights
3.1 We are the
owner or the licensee of all intellectual property rights in our site, and in
the material published on it. Those works are protected by copyright laws and
treaties around the world. All such rights are reserved.
3.2 You may print
off one copy, and may download extracts, of any page(s) from our site for your
personal reference only.
3.3 You must not
modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status
(and that of any identified contributors) as the authors of material on our
site must always be acknowledged.
3.5 You must not
use any part of the materials on our site for commercial purposes without
obtaining a licence to do so from us or our licensors.
3.6 If you print
off, copy or download any part of our site in breach of these terms of use,
your right to use our site will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made.
4.
Reliance On Information Posted
Commentary and other materials posted on our site
are not intended to amount to advice on which reliance should be placed. We
therefore disclaim all liability and responsibility arising from any reliance
placed on such materials by any visitor to our site, or by anyone who may be
informed of any of its contents.
5.
Our Site Changes Regularly
We aim to update our site regularly, and may change
the content at any time. If the need arises, we may suspend access to our site,
or close it indefinitely. We make every effort to ensure that all the
information on our site is as accurate as possible at all times and in the
event of an error we will endeavour to correct such error as soon as reasonably
possible.
6.
Our Liability
The material displayed on our site is provided
without any guarantees, conditions or warranties as to its accuracy. To the
extent permitted by law, we, other members of our group of companies and third
parties connected to us hereby expressly exclude:
§ All
conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity.
§ Any
liability for any direct, indirect or consequential loss or damage incurred by
any user in connection with our site or in connection with the use, inability
to use, or results of the use of our site, any websites linked to it and any
materials posted on it, including, without limitation any liability for:
§ loss
of income or revenue;
§ loss
of anticipated savings;
§ loss
of data;
§ any
other loss or damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or
personal injury arising from our negligence, nor our liability for fraudulent
misrepresentation or misrepresentation as to a fundamental matter, nor any
other liability which cannot be excluded or limited under applicable law.
7.
Information About You And Your Visits To Our Site
We process information about you in accordance with
our privacy policy. By using our site, you consent to such
processing and you warrant that all data provided by you is accurate.
8.
Viruses, Hacking And Other Offences
8.1 You must not
misuse our site by knowingly introducing viruses, trojans, worms, logic bombs
or other material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our site, the server on which our site
is stored or any server, computer or database connected to our site. You must
not attack our site via a denial-of-service attack or a distributed denial-of
service attack.
8.2 By breaching
this provision, you would commit a criminal offence under the Computer Misuse
Act 1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our site
will cease immediately.
8.3 We will not
be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material due
to your use of our site or to your downloading of any material posted on it, or
on any website linked to it.
9.
Linking To Our Site
9.1 You may link
to our home page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
9.2 You must not
establish a link from any website that is not owned by you.
9.3 Our site must
not be framed on any other site, nor may you create a link to any part of our
site other than the home page. We reserve the right to withdraw linking
permission without notice. The website from which you are linking must comply
in all respects with the standards set out in these terms and conditions.
9.4 If you wish
to make any use of material on our site other than that set out above, please
address your request to hello@trademyphone.co.uk
10.
Links From Our Site
Where our site contains links to other sites and
resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them.
11.
Jurisdiction And Applicable Law
11.1 The English
courts will have exclusive jurisdiction over any claim arising from, or related
to, a visit to our site although we retain the right to bring proceedings
against you for breach of these conditions in your country of residence or any
other relevant country. These terms of use are governed by English law.
11.2 If we fail to
exercise any of the rights or remedies to which we are entitled under these
terms, this does not constitute a waiver of such rights or remedies and shall
not relieve you from compliance with such obligations.
11.3 If any of
these terms are determined by any competent authority to be invalid, unlawful
or enforceable to any extent, such terms, will to that extent be severed from
the remaining terms and the rest of the affected term and these terms shall
continue to be valid to the fullest extent permitted by law.
12.
Trademarks
TradeMyPhone phone character logo are trademarks of
Trade My Phone Limited.
13.
Variations
We may revise these terms of use at any time by
amending this page. You are expected to check this page from time to time to
take notice of any changes that we have made, as they are binding on you. Some
of the provisions contained in these terms of use may also be superseded by
provisions or notices published elsewhere on our site.
14.
Your Concerns
If you have any concerns about material which
appears on our site, please contact hello@trademyphone.co.uk
Thank you for visiting our site.