Definitions

In these Terms and Conditions (“the Terms”) :

 

“Contract”
means the agreement between you and us which is made up of the Order and these Terms.

 

“Goods”
means the goods detailed in the Order and includes any references to ‘phone(s)’ within these Terms.

 

“Order”
means your order placed on this Site once it has been accepted by us.

 

“Testing Criteria”
means the Testing Criteria set out at the end of these Terms.

 

“we” “us” “our”
means iPhoneFixed and refers to you and us together. 

 

“you” “your”
means you, the person using our Site and sending Goods to us which may be bought by us and recycled and whose details appear in the Order.

Any reference in these Terms to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

The legal construction of the clauses/conditions in these Terms shall not be affected by their headings which are for convenience of reference only and shall not affect their interpretation.

Where the context so admits references to a "person" include any individual, firm, unincorporated association or body corporate, the singular number includes the plural number and vice versa and words importing one gender include all genders.

References to clauses and conditions are to clauses and conditions of this document unless stated otherwise.

Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them.  All obligations on the part of such a Customer shall be joint and several obligations of such persons.

 

The Contract

 

The Contract will be formed when we send you a confirmatory e-mail following the placing of your Order.

The Contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer or otherwise dispose of the 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 the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Our site is only intended for use by residents of Great Britain and Northern Ireland and we may at our sole discretion reject orders from those outside of these territories.

You must own all rights, title and interests in any Goods that you send to us.

Ownership of the Goods will pass to us when we receive them and we have dispatched payment to you and you should insure the Goods prior to that time.  We will not be liable if the Goods are subject to loss or damage before receipt at our premises. Goods are sent at your own risk. We strongly recommend that all Goods, regardless of value, are sent by Special Delivery (which will be at your own cost). Equally, if for any reason your Goods are returned to you, you retain responsibility for risk in the Goods and we shall not be responsible for any damage in transit.

 

Privacy Policy

You agree and confirm that you have read and understand our Privacy Policy contained in the Site.

 

Use of Information We Collect

Upon registration and use of this Site you will be asked to provide certain information. Simple browsing of the Site requires no need for you to submit any personal information. If however, you intend to register or take part in our services and activities then we may ask you to provide certain personal details that we will use in order to identify you or to allow us to communicate with you about the status of your transaction. The type of information we may require may vary but shall include (but not be limited to) your email address, postal address, name and mobile number and other personal information. All personal details will be treated as strictly confidential, stored in a secure fashion and we will store this data securely and use it to fulfill our Contract with you.

It may be necessary from time to time to contact you for customer feedback purposes where your comments about our service would be gratefully received.  Also we may contact you to notify you about important changes made to the Site or our services. In addition, with your approval, we shall contact you by email with regards to offers, products and services that may be of interest to you.
We may contact you by email, telephone, SMS and MMS text message and other electronic messages such as picture messaging and/post.

Disclosure of Your Information

The purpose of this statement is to set out how we use personal information that we may obtain about you. By either registering as a user of any services provided by us on this website and by using the Site generally you agree to this use.

Generally speaking, any personal information collected on this website is not shared with third parties but in certain instances it will be such as :

1. Your personal information may be shared with employees and agents of iPhoneFixed.  You consent to us (and our representatives) using your personal information to handle and administer your accounts, products and services and to allow our agents to help us in promotional activities and programs and for the purposes of record keeping and dealing with your queries. Such employees and agents will be required to keep your information secure and private.

2. It may be necessary to share or disclose your personal information for legal purposes or to enable us to comply with legal requirements imposed by laws and regulations.
We are obliged to hold your personal information for twelve months after the date upon which it was last used. After twelve months of non-usage we may contact you and ask you if you want to keep your details on our database. If you do not indicate by notifying us that you wish your details to be retained on our database, we may archive your account.

 

Cookies
There are certain parts of the Site that use "cookies" to keep track of your visit and to help you navigate between sections. A cookie is a small data file that can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information you have supplied yourself.
We use cookies on this Site to enable us to deliver content that is specific to your interests and gives us an idea of which parts of the Site you are visiting. Our cookies do not read data from your computer's hard-drive or read cookies created by other websites that you have visited. This means that your visit will be tracked, but that to all intents and purposes you remain anonymous.

Changes of Our Privacy Policy

You are strongly recommended to review our privacy policy whenever you use the Site or whenever you submit information to us as our privacy policy is subject to change from time to time. We may therefore amend this policy at any time and any such amendments changes and/or updates of our privacy policy will take effect as soon as it is posted on the Site.

 

About you

All users must use their own identity at all times and ensure that all information provided is accurate and up to date.   We reserve the right to refuse to accept an order or to trade phones with any person.

 

Consumers

Only a single user is permitted under each registration. In the event that you know or suspect that your password has been obtained or used by someone else then you must contact us and we will be happy to hold or cancel your registration at our sole discretion.

By placing an order through our site, you confirm and warrant that:

• You are resident in Great Britain or Northern Ireland; and
• You are accessing our site from that country; and
• You are legally entitled to sell the goods; 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 Goods to us 

 

You and your parents or guardians release us of any liabilities or claims that may arise if you send the Goods to us in breach of these conditions/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 “consumer” means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so, as defined in Section 12 of the Unfair Contracts Terms Act 1977.

 

 

Businesses

 

By placing an order through our site, you confirm 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 entitled to sell the goods; and
•  You are legally capable of entering into a binding contract.

 

Testing Criteria

 

In order to receive the full indicative value for the Goods the Goods must match the make and model in the Order and meet the conditions set out in the Testing Criteria.  Please read the Testing Criteria before submitting your Order to our Site. We recommend that you print and keep a copy of the Testing Criteria for future reference. If you are unable accept our Testing Criteria, you will not be able to place an order via our site.

By submitting an Order through our Site you confirm that the phone(s) comply with these Terms and Testing Criteria.

If a phone fails to meet our Testing Criteria we'll propose an adjusted price by email. If you choose to decline our new offer, we will return the phone using Royal Mail first class post at no extra cost but should you require the phone to be insured then you must advise us accordingly and any cost of using any method of postage other than Royal First Class post shall be met in full by you. We have the final decision on all phone values and all decisions as to whether the Good(s) meet the Testing Criteria shall be at our sole discretion. Adjusted orders will be automatically processed for payment if we do not receive a reply to our proposed offer email within 7 days.

Phones not listed on our website will be automatically recycled where possible, subject to these Terms. Such phones cannot be returned under any circumstances. Please ensure you are happy to send such phones to us for recycling only. You will not receive any payment for such phones. Please note we accept phone battery chargers and accessories but these do not increase the value of your order.

Phones in pieces or parts or phones which have no value, will not be returned and we may recycle them.

If possible, we offer value for a damaged phone but we shall be under no obligation to make such offer nor to purchase any damaged phone. Damaged phones will be traded using the same process as for all other phones. If we determine your phone is damaged, we may, at our sole discretion, pay for the damaged phone but the value will be less than indicated on our website and will not in any event, be more than 85% (or for iPhones up to 90%) of the original indicated value. Accordingly, if a phone which we receive is damaged, then we will value the phone to take account of the damage and send a revised value by email. In some cases, values will be zero if phones are beyond economical repair. A revised value will only be given once the phone has been tested or inspected.

You can decide whether to continue with the revised value sale or whether to reject it. If you choose to decline our new offer, we will return the phone using Royal Mail first class post at no extra cost but should you require the phone to be insured then you must advise us accordingly and any cost of using any method of postage other than Royal First Class post shall be met in full by you.  In such circumstances the sale will not continue and our agreement will terminate.

 

 

Your Responsibilities

 

You are responsible for :

• cancelling any airtime contract linked to or associated with each phone. We are not responsible for any call costs arising before, within or after the "cooling-off period" or arising from any other circumstances.
• removing any SIM cards from the phone prior to sending us your Goods. We accept no liability for any costs incurred. Any SIM cards received by us are non-returnable and we shall have no responsibility in respect of them.
• Removing any personal details, SMS, photos, games, songs, ring tones, memory cards or other storage data (“Data”) from the phone prior to sending us your Goods AND FOR THE AVOIDANCE OF DOUBT to the extent you do not remove any personal details from the phone prior to sending the Goods to us you consent and give us permission to access the phone (or a professional refurbishment third party contracted by us) for the purpose of erasing, deleting or wiping any personal details from them to the extent reasonably necessary. Any memory cards or personal details of Data received by us are non-returnable and we shall have no responsibility or liability in respect of them.

 

By sending your Goods to us, you agree to release us from all and any claims, losses or damages with respect to the Goods, any data stored or contained therein or on any media used in conjunction with the Goods (whether in the form of personal details or other Data). Whilst in our possession we will endeavor to make every effort to software reset your phone.  In the event that it becomes no longer economically viable to software reset your phone (including, but not limited to; non working or unable to complete the software reset), we reserve the right to omit this process. We accept no responsibility in relation to the security, protection, confidentiality or use or disclosure of such Data and it is your responsibility to ensure that such Data is removed from the phone prior to you sending it to us.

We adhere to a code of practice set by the Home Office and the National Mobile Phone Crime Unit to ensure stolen and blocked mobile phones are not recycled. We reserve the right to check the IMEI numbers of all submitted orders via CheckMEND to ensure that phones that are sent to us are not reported as stolen. If we find a phone to be blocked or stolen, we will inform the seller via email and request that the phone in question is not sent to us. In the event that we receive a blocked or stolen phone, the sender will be notified and asked to contact CheckMEND within 28 days to prove that they are the rightful owner and request the phone to be unblocked. If the phone is unblocked within this period, the order will be processed as normal. If however, the phone is not unblocked within the 28 days, we will be required by law to dispose of it. In the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we so request.

We reserve the right to inform the relevant authorities if there is any suspicion that there is a deliberate attempt to perpetrate a fraud. 

We reserve the right to reclaim any money paid to the consumer or business if it is discovered within three months on receipt of that phone that the phone has either been reported lost blocked or stolen by the seller of the phone, or the phone is discovered to be a fake (i.e phones which are counterfeit phones which are manufactured to resemble products made by another company in breach of copyright laws).  We reserve the right to claim from you the cost of the phone that we paid you together with any additional sums in relation to time that we spent on the phone and you shall also be responsible for all our legal costs in relation to claiming such costs. 

 

Pricing

At all times we reserve the right to change and update our prices from time to time and we do not need to inform you of any changes.  Such changes and updates may be made without prior notice.

Prices may change from day to day which means that if you check the value of your Goods on any given day but do not place an Order, you may be given a different value for the same Goods at a later time. Any special offers on prices are subject to particular terms which we may impose and may be varied or withdrawn at any time and without notice. Prices are shown and payments are made in pounds sterling.

Any order(s) placed prior to any price change will be unaffected by any such adjustment. If we do not receive your Goods within 5 days from the date your order is placed the current prices applicable at the time the phone is received will apply. We reserve the right to change the price and to process your order at the lower value or reject your order.

We shall not be held liable under any circumstances regarding price pledges as we will use our reasonable endeavours to offer customers the best price for their Goods.

 

Registered deliveries should be sent to us at the iPhoneFixed headoffice:

iPF, Temple Court, 13a Cathedral Road, Cardiff, CF11 9HA, Wales, U.K.

 

Do not include more than two phones in one envelope (or fewer if you send phone accessories). If sending more than two phones or accessories, we recommend using more than one envelope. You must ensure that the phone(s) are adequately protected against damage during transit. 

 

Payments

When we receive your order, we will check that it is complete, and that it meets our Testing Criteria. Providing it does, we will make payment to you by bank transfer, paypal (please note that paypal payments may incur a paypal charge which will not be liable to ourselves) or cheque (by request) within 7 days or as soon as reasonably possible after that.

Under no circumstances will payment be dispatched before we receive your Goods.

We will not be liable for delay in your receipt of payment as a result of third party action or inaction or once we have issued payment.

You must ensure that you provide all correct, accurate details, including without limit, payment and account details. We will not be liable if you fail to receive a payment or suffer a loss (including if a payment is sent to an incorrect account) as a result of your failure to input all payment and other details correctly, completely and accurately.
Each phone is processed separately even if included in a multiple phone sales order. We may send payment for each phone separately.

 

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.  Please allow up to 7 working days for bank transfers to show in your account.

 

Liability

To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to our Contract with you or otherwise, our total liability to you will be limited to two times the value of the Goods which is the subject of the liability, (as determined by us in accordance with our usual valuation procedures) and any losses which are foreseeable as a direct consequence of us breaking our Contract with you.

Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise: direct loss of profit and indirect loss of profit; loss of income or revenue; loss of savings; loss of data; loss of use of money; losses which you incur as a result of a failure by you to comply with your obligations under these Terms, including without limitation, third party charges which are raised for your account as a result of a failure to adhere to your obligations regarding removal of SIM cards and other data.
Nothing in the Contract seeks to exclude or limit liability for death or personal injury caused by negligence.

 

We shall not be responsible for any errors you make in entering any details during the online process.

 

Cooling Off Rights & Cancellation

 

The “cooling-off period” refers to cases where the law gives a right to cancel an agreement, at any time within 7 working days, beginning on the day after an agreement is formed or until services begin, whichever is sooner. Once your sales order is placed online, you basically have 7 working days following that date to cancel the Contract PROVIDED ALWAYS THAT in the event that we begin our services before that time then you agree that your cooling off right will end at that time.

You should note that we begin to undertake activity and perform services as soon as we receive your Goods and by sending your Goods, you agree that we may begin such work immediately. We will not therefore return your Goods and you will not be able to cancel the Contract and your cooling off rights will no longer apply once we receive your Goods and we will not be able to return your Goods. We are happy however to return your Goods if, when we receive it, we find that it has a lesser value than originally stated such that we revise the value and you confirm that you do not wish to sell your Goods. Other circumstances for cancellation are in accordance with these Terms.

You may cancel the contract with us with the "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.

To exercise your cooling off rights, please tell us in writing (including e-mail but not telephone) that you want to do so within the cooling off period as above.

You do not need to give us any reason for cancelling or need pay any administration charges when cancelling during the cooling-off period.

Without prejudice to the next paragraph, this contract cannot be cancelled after you have posted your Goods to us (outside the "cooling-off period").

We may refuse to process a sale if we think it is reasonable to do so. This may include (but is not limited to) where: we identify a valuation error on the website; or the Goods fail to meet the Testing Criteria; or you fail to submit all necessary and relevant details for us to complete the sales process; or fail to send us your phone; or where your phone is damaged or does not comply with the Terms; or it is an imitation, copy or otherwise a non-genuine make or model.

If you inform us that you no longer wish to send your Goods, we will remove your sales order from our system so that we know you will not be sending your Goods and so that you are removed from our reminder system. In those circumstances, you will not be entitled to any payment from us whatsoever.

Nothing shall oblige us to complete any transaction with you, make a payment or fulfill our obligation to you in accordance with these Terms if we become insolvent, enter into an arrangement with administrators or if anything similar occurs, in which case our agreement with you will end immediately.

 

Accuracy of Information

We make no warranty or representation or assurances that any descriptions, texts, contents or other details on the Site are comprehensive and accurate.  We will however, use our reasonable endeavours to provide up to date information regarding the products, price, images on the Site so far as is reasonably practicable.

 

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. In such circumstances we may suspend performance of its obligations until such time as we are able to perform. 

 

Copyright

All information and site content, including but not limited to names, trade names, logos, content, texts, audio clips,  graphics, button icons, data compilation, thereof, is the property of Euro Communications Distribution Ltd and protected by all laws, including laws governing copyright and other intellectual property rights.

Unless our written consent has been provided you must not use, transfer or copy any of the information or content on this Site for public or commercial use. You acknowledge our status as the owner of the Site and all information and content within it.

 

Notice and communications

If we need to write to you or serve a notice on you, we will do so by first class post sent to your address detailed on the Order. If you need to write to us or serve a notice on us you should do so by first class post to our address detailed on the Order. We will notify you in this way if we change our address and you must notify us in this way if you change your address. Any notice or communication sent by either of us in this way will be presumed to have been received by the other, two (2) days after the day on which the notice or communication was posted.
For contract purposes, you agree that all electronic means of communication will be considered as being ‘in writing’ for the purposes of applicable laws that require some information and communications to be in writing and you acknowledge that all contracts, notices, information and other communications that we provide electronically, comply with any such requirement that communications be in writing. Please check emails on a regular basis for updates on the sale of your Goods. We do not accept responsibility for any emails which are not received successfully, where the email address is incorrectly spelt or that are redirected or deleted by spam filters.

 

General

If any of these Terms is found to be void or unenforceable by a competent authority, all other Terms will continue to apply and shall remain enforceable.

From time to time, new industry standards, guidelines and rules may be released. We reserve the right, at any time and without notice, to change our business processes, procedures and the Terms to adhere to such standards, guidelines and rules.
The Contract is governed by English law and disputes under it will be decided in the courts of England or, if you live in Scotland, Wales or Northern Ireland, the law and courts of the relevant part of the United Kingdom.
If either of us chooses not to enforce any right that it may have under the Contract it will not be prevented from relying upon that right should it choose to do so at a later date.

A person who is not party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Term which means that only we and you have rights under them. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
We each acknowledge that in entering into the Contract neither relies on any representation or promise given by the other or implied from anything said or written other than as specifically set out in these Terms or our privacy policy.

 

TESTING CRITERIA

 

Each mobile phone sold should match the make and model in the Order and meet the following conditions:

 

Working (Full List Price)

• Power on and off
• Fully functional/operational
• All features must be in good working order
• Have a working LCD/touch screen that is in tact
• Include the battery enclosed within the phone casing
• No liquid or physical damage
• No significant damage (although may have some mild cosmetic damage i.e. general minor wear and tear). By way of example only, damage classed as significant includes (but is not limited to) broken or cracked LCD screens; camera function not working or camera damage; buttons missing from the phone or other keypad damage; deep scratches or dents; snapped hinges; charger port not working; microphone damage; earpiece damage; or software which is faulty or defective.
• Not be reported as lost or stolen
• Not be barred/PIN locked
• Must appear in our online guide
• Must Be of UK or GSM European specification

 

Non-Working (reduced list price)

• Include the battery
• No significant damage
• Should not be crushed or in pieces
• Badly damaged casing
• No battery
• Operating system missing or corrupt
• Broken/missing aerial
• Faulty keypad
• SIM Gate broken or missing
• Memory card holder broken or missing
• Pin locked
• Must not be crushed or broken
• 
  

Fails to meet Requirements (zero value)

• Physically broken in more than one piece
• Does not power up
• Broken/Cracked/Snapped hinges
• SIM glued in
• Memory card glued in
• Liquid ingress or water damage
• Bent circuit board
• Not Genuine Product
• Logged on the IMEI blacklist register**
• Barred by a network**

 

Brand New

• Brand new in box
• Supplied in pristine condition
• Complete with all accessories
• Never Used
• Zero Usage Timers (both Data & Voice)
• Pristine packaging
• Nothing must be defaced

The above lists are not exhaustive and we reserve the right to amend this list at any time. When we inspect or test your phone, we will not pay as much as the original, indicative value if we find that your phone does not comply with all these conditions.

**Goods under these Requirements may also be reported to the authorities