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Terms and Conditions

Version: 3.01 Revision Date: 01-12-2020

These terms and conditions ("Terms") form the basis on which you can visit and use our Website. Our Privacy Policy explains how we use your information that we collect. Please read both carefully as they contain important information.By sending us your device(s) you are agreeing to be bound by these terms and conditions

When selling your device to Sellmyiphone, we recommend you take note of your devices IMEI number as this is a unique identifier in case there is a problem with your order.

Your IMEI number can be found at the back of your phone under the battery or by simply dialling *#06# into your keypad. Please note this is a 15 digit number

About Us/Who We Are

The Sellmyiphone website and associated recycling and buy-back scheme is operated by Total Business Consultants Ltd , a company registered in England:

Company Number: 07521240

VAT number: GB 114 5618 32

Registered Office address:
Unit 4, Eastcote Industrial Estate,
Field End Road,
Eastcote,
Middlesex HA4 9XG,
United Kingdom

Your Contract With Us

Our site is only intended for use by residents of Great Britain and Northern Ireland. At our complete discretion we may accept or reject orders from outside of these territories.

You must own all rights, title and interests in any device(s) that you send to us.

In accordance with these terms and conditions, the device(s) ownership will pass to us after we have received your device(s), and we have completed payment to you, at which point, our contract with you is 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, no reason for cancelling the contract is required and you will not have to pay any administration charges.

To cancel the contract you must notify us in writing.

Other than if the phone does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sent your phone(s) to us (outside the "cooling-off period").

Consumer's Orders

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 phone 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.

Business & Corporate Orders

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 on behalf of the business.

When we receive your sale items, we will check that the sale is complete, and that it meets our terms and conditions.

If your phone(s) does not fit the category you chose, we'll propose a revised price by email in accordance with the condition categories. If you choose to decline our new offer, we are happy to return the phone for free. 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 via email within 5 calendar days.

We reserve the right to claim any handset that we haven't heard back on following e-mail communication to the registered e-mail address after 5 calendar days. In this circumstance you will be paid the value advised when re-pricing via our e-mail.

We cannot be held responsible for the non-delivery of emails because of spam email or junk filters. Please check your junk and spam folders. This is also noted on our order emails.

All items are purchased using the VAT margin scheme as per the HMRC used goods VAT rules.

Important - under no circumstances will we accept your decision via email or by telephone. All decisions must be submitted via the decision link sent to you by email.

We reserve the right to request a proof of purchase for devices with a value above £250.

During peak times we allow up to 48 working hours for your device to be received and tested. If your device has been delivered it may take up to 48 hours for this process to take place.

The Device Testing Process & Criteria

Every device received will be taken through a series of tests to ensure the device is suitable for purchase by Sellmyiphone.co.uk in line with these terms and conditions.

Device Checks / Blacklist checks

We check the status of all devices we receive against the Mobicode operated SHARE database (using the unique IMEI or serial number associated to your device).

Any device who?s IMEI when checked, returns a red flag (meaning it has been registered as lost, stolen, barred or blocked on the database), must be quarantined for 28 days while its status is reviewed.

If the red flag is removed before the end of the quarantine period, we may process and purchase your device in accordance with these terms and conditions. If the red flag is not removed before the end of the quarantine period, we are required by law to dispose of it or provide it to the police and you will not receive any payment. By law we cannot under any circumstances return the device to you unless the red flag has been removed.

If we become aware of any issues with your order you may be required to co-operate with the authorities and we reserve the right to withhold or cancel payment.

If we become aware of a red flag or other ownership issue with the device and we have already paid you for the device, you agree to return that payment on our notification (by email or in writing), and that if not received within 7 days of notification, we will take steps to recover that amount and any associated costs of recovery. This will include our liaison and support to the Police and Insurance companies.

Grading of Devices and criteria applied for re-quotes

To receive the full working price your device must power on, show only minor signs of use, and have both fully functional hardware and software.

On receipt of your device(s) the following criteria will be applied when confirming the value.

Full Working value

  • Device is fully functional including Face ID and Touch ID
  • Be removed from any iCloud / Samsung / Google Accounts
  • Be free of all device PIN codes
  • Must show only light signs of use
  • Turn on / off (with all buttons working)
  • Have a working touch screen (without cracks or damage)
  • Be fully functional* (light wear and tear** is acceptable)
  • Working screen (no cracks or pixel damage)
  • Have no damage to case (no cracks or chips)
  • Have a fully working operating system (software)
  • Battery health percentage must be above 80% - if not the handset will be classified as Poor (iPhone only)
  • Not be water-damaged (water indicators must not be pink/red)
  • Make / receive calls
  • WiFi / Camera / Video must work
  • Display cannot show signs of: cracks, white spots, screen burn and dis-colouration

Poor

To be classed as Average the device should:

  • Be Fully functional - all parts inc. system software
  • functional including Face ID and Touch ID
  • Working Home Button / Finger Print sensor
  • Make / receive calls
  • Heavy wear and tear / scratches acceptable
  • Battery health percentage is 80% or lower that does not require a service. If not the device will be classified as Faulty (iPhone only)
  • Be removed from any iCloud / Samsung / Google Accounts
  • Display cannot show signs of: cracks, white spots, screen burn and discolouration

Faulty*

To be classed as Faulty* the device(s) must still meet the following criteria

  • Can have a Cracked or smashed screen
  • Be removed from any iCloud / Samsung / Google Accounts
  • Can show heavy wear and tear
  • Must Include its battery
  • Must Be intact - not crushed or snapped in half
  • Must Not have any missing parts or components
  • Must power up - (Note: Any Apple or Samsung device with battery health level of 80% or less will be classed as faulty)
  • Battery requires a service from any health % - your handset will show it requires a battery service in the settings, battery menu. (iPhone only)
  • Or is locked to a foreign network
  • Have a replacement non genuine screen prevents the device from working correctly.

* We cannot accept devices with no power that have been tampered with and / or that we cannot guarantee the safe removal of personal data, these devices will be returned free of charge without notice.

** Light Wear and Tear consists of:

  • Small scuffs / blemishes to the bezel and buttons
  • Small scratches on the screen that aren't visible when the phone is held at arm's length
  • Small dents / scratches to the casing

We cannot accept iCloud and or password locked devices.

They must be de-registered (removed) from any iCloud (Find my iPhone/iPad) accounts.

We reserve the right to refuse and return any device(s) received at our discretion

Grading Questions; Definitions of possible responses

Please see the below detailed explanations of our grading questions.

Please note:

  • We accept phone battery chargers and accessories. We will not be able to return accessories or original packaging (box) if you request your phone to be returned.
  • You are responsible for cancelling any airtime contract linked to each handset. We are not responsible for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.
  • Please ensure you remove your SIM card before sending us your mobile phone. We accept no liability in the event that a SIM card is sent with a phone and charges are then incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.
  • Please remember that by sending your phone to us, you agree to release us from all and any claims, losses or damages with respect to the phone, any data stored or contained therein or on any media used in conjunction with the phone (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 that such data is removed from the phone prior to you sending it to us.

Network, Account and PIN Locks

All devices must be free from any PIN or account activation lock. i.e. Apple iCloud and Google accounts must be deregistered from the device BEFORE sending to us. Any start up access PIN lock must also be removed.

Any device locked to a UK network or unlocked will be accepted, and in some instances the price quoted will vary according to the network that it is locked to.

Any devices locked to a foreign network or with any account activation or PIN lock still present will not be accepted and either returned at the customers? expense, or if we do not receive a response to our communication informing you of the lock issue within 5 days, then the device will be recycled accordingly at zero value. You will not receive a payment for the device.

Contracts and SIM & Memory Cards

You are responsible for cancelling any contract linked to each device. Please remove all SIM and Memory cards before sending us your device. Any SIM or Memory cards received by us will be securely destroyed and will not be returned. We accept no liability if any device sent to us with a SIM or Memory card is lost and charges are then incurred. You will still be responsible for all such charges.

Insurance

You are responsible for cancelling any insurance associated with the device. If you make a claim for the device AFTER you have sent it to us you are committing Insurance Fraud. Sellmyiphone.co.uk utilizes the MobiSHARE system whereby Insurers and Recyclers work together to prevent fraudulent insurance claims.

Data Erasure

Please note, by sending your device to us, as part of these terms and conditions, you are confirming you agree to release us from all and any claims, losses or damages with respect to the device and/or 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 you are responsible for ensuring, so far as practicable, that Data is removed from the device before sending to Sellmyiphone.

Please note we will erase all data on devices received using MobiWIPE a best of class certified ADISA erasure tool. Please note devices that cannot be erased will have their main boards drilled and be recycled following WEEE standards.

Whilst we will make every effort to securely erase the device as part of our process, we strongly advise that you delete all of your personal data prior to sending it to us.

If your device is not working or no power and has a "remote wipe" function, we strongly advise that you attempt remote wiping your device prior to sending it to us.

If your non-working / no power 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.

Payment

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 make payment to you on the basis that any re-offers are accepted by 3pm.

For the avoidance of doubt, if testing or acceptance is completed after 2pm on that given working day or on a Saturday, Sunday or Bank Holiday the order will be processed on the next working day. Working days are Monday to Friday excluding bank holidays and festive holidays, and events outside of our control. At peak times please allow 48 hours for your device to be received and tested. Payments are made by Bank Transfer or Paypal depending on your choice when creating your sell item.

Paypal will charge receiving customers a fee of up to 3.5% consider this before selecting Paypal.

We cannot, under any circumstances, recall or reissue bank transfer or Paypal payments once they have been made.All discrepancies must be reported to us in via email (help@sellmyiphone.co.uk) within 24 hours.

Please Note: payment can only be made using the details provided during the checkout process.

We will not be liable for any losses that you may suffer if you fail to receive payment if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly submit payment details when using the website.

All items are purchased using the VAT margin scheme as per the HMRC used goods VAT rules.

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.

Complaints procedure

Please email help@sellmyiphone.co.uk in the first instance.

Pricing

Pricing

Prices displayed on our website are subject to change at anytime without notice and include any applicable VAT and other tax. Device prices are variable and if you check the value of your device but do not place a Sellmyiphone Order, the value may be different at a later time. All prices are quoted and paid in pounds sterling.

The quoted price of any device is guaranteed for 14 days (subject to the device complying with these terms and conditions). If we receive your device outside of 14 day period, it is possible that the price will have changed and you will receive a revised offer.

To be accepted, your device must be received within 14 days following your request and comply fully with these terms and conditions.

If your device is received more than 14 days following your order or does not comply with these terms and conditions then a revised offer may apply or we may refuse to buy your device.

If your device still has PIN, 'Activation Lock' or 'iCloud Lock' activated, we will contact you to ask for your help in unlocking it. If we do not receive a response within 5 day then the device will be processed for parts only and you will not receive a payment.

Revised Offer Prices

If a revised offer is required based on these terms and conditions we will contact you to make the revised offer. If you reject this offer we will return your device(s) Free. Revised offers will be automatically processed for payment at the new revised price if we do not receive your response to our proposed offer within 5 days. Please note the acceptance or refusal off an offer must be completed withion the email that the new offer is made.

Sellmyiphone's decision is full and final on all device prices.

Postage and Returns

You send your device to us at your own risk. We cannot be responsible for devices we do not receive, or for the condition in which we receive devices. We strongly recommend that you pack your device carefully to minimise the risk of damage. The Sellmyiphone sales pack does not guarantee that the device will be received in the same condition as sent.

We recommend that you wrap your device in bubble wrap and place it in a strong rigid box (e.g. the original device box) so it cannot move or rotate in transit. All devices must be sent in accordance with Royal Mail (or chosen courier?s) guidance.

Your device can be sent to us free of charge using the prepaid Royal Mail 48? Tracked Service envelope that we will have sent you or by downloading and printing the Royal Mail 48? label to add to your own packaging. Please note that this service only insures your device for up to £100 and you must obtain proof of posting in order to make a claim should it go missing in transit.

If you have a high value item to send to us, then it may be advisable, at your own expense, to use Royal Mail Special Delivery (or other fully insured service) as these typically insure the package for up to £500.

If your device is lost or damaged in the post we will advise you how you might claim against the Royal Mail but we cannot guarantee you will be successful.

If we receive a damaged package, the package and device (if we received it) will be returned to you so that you may claim for the loss directly from Royal Mail. By sending the package back to you we do not guarantee that the claim will be successful and we will not have any liability for any claims which are refused by external parties. For more information about making claims with Royal Mail, please visit www.royalmail.com.

Please note: Royal Mail recently introduced new guidelines about sending products containing lithium batteries. To find out more please ask at your post office or visit www.royalmail.com.

For customer returns, we will use Royal Mail Special Delivery. Returns are charged to the customer and a payment URL will be sent to you in order to take payment prior to us posting the device back to you.

For rejected deliveries, we will try posting again, however, if a device is returned to us for a second time or if we have emailed you and we do not receive a response within 14 days, we will treat the device as our property, retain it and recycle it or process the sale under the "Revised Offer" process as applicable. If the "Revised Offer" process applies, the estimated purchase price used will be the price which applies on the date we receive the second return, or the fourteenth day after we have contacted you.

Our Liability And Risk

If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were discussed by you and us at the time we entered into this contract.

We only supply our services and purchase or recycle mobile devices for consumers and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, 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 and conditions. This includes, without limitation, any 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..

We do not exclude or limit in any way our liability for:

  • death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
  • breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

You must own all rights, title and interests in any device(s) that you send to us. Ownership of the device(s) will only pass to us when we receive the devices, in accordance with these terms and conditions, and we have dispatched payment to you. All devices will remain at your risk until we have issued payment for the device.

Force Majeure and 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 our contract with you that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.

Law and Jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute, controversy, proceedings or claim relating to these terms and conditions shall fall within the jurisdiction of the courts of England and Wales.