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Terms & Conditions

Terms and Conditions

Company Details

Sellmyiphone and any associated recycling and buy-back schemes are operated by Total Business Consultants Ltd, a company registered in England.

Company Number: 07521240

VAT number: GB 114 5618 32

Registered Office address: Halsgrove House, Lower Moor Way, Tiverton Business Park, Tiverton, EX16 6SS, United Kingdom.

1. Terms of Contract

1.1. Our site is only intended for use by residents of Great Britain and Northern Ireland.
1.2. At our complete discretion we may accept or reject orders from outside or inside of these territories.
1.3. These terms and conditions (“Terms”) form the basis on which you can visit and use our website.
1.4. Our Privacy Policy explains how we use any of 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
1.5. You must own all rights, title, and interests for any device that you send to us. Items sold to us that are subsequently network barred due to the seller’s contractual failure or due to a fraudulent insurance claim will be pursued for recovery of losses.
1.6. 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.
1.7. 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 but may be liable for any postage and carriage charges incurred.
1.8. 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”).

2. Consumer’s Order

2.1. 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.
2.2. 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.

3. Business & Corporate Orders

3.1. 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.

4. Device Checks / Blacklist checks

4.1. 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 devices 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.
4.2. 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.
4.3. 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.
4.4. 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.
4.5. 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. 4.6. 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.
4.7. 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.

5. Grading of Devices and criteria applied for re-quotes

5.1 To receive the full working price quoted your device must power on, show only minor signs of use, have no water damage, and have both fully functional hardware and software.
5.2. Devices are graded based on their condition and valuations are dependent on grades.

New

To be classed as new the device should:
• A brand new in box device, unopened with original factory seal.

Very Good

To be classed as very good the device should:
• Only show light wear a tear (a small number of light scratches not detectable by touch or visible at arm’s length)
• Power on, charge correctly, be fully functional and without any physical damage or faults
• Have a fully functional screen without any cracks, damage, discolouration, backlight bleed, dead pixels, or any screen burn
• Must be an original phone with original parts
• Battery health 85% or higher (iPhone)
• Have any iCloud, Samsung or Google accounts and PINS removed from the device
• Have no water damage (water indicators must not be pink/red or removed)

Average

To be classed as average the device should:
• Only show moderate wear a tear (a small number of light scratches or scuffs)
• Power on, charge correctly, be fully functional and without any physical damage or faults
• Have a fully functional screen without any cracks, damage, discolouration, backlight bleed, dead pixels, or any screen burn
• Must be an original phone with original parts
• Battery health 85% or higher (iPhone)
• Have any iCloud, Samsung or Google accounts and PINS removed from the device
• Have no water damage (water indicators must not be pink/red or removed)

Poor

To be classed as poor the device should:
• Show signs of heavy wear and tear (scratches that can be detectable by touch, dents/ scuffs/paint chips to the bezel/housing/rear cover)
• Power on, charge correctly, be fully functional and without any physical damage or faults
• Have a fully functional screen without any cracks, damage, discolouration, backlight bleed, dead pixels, or any screen burn
• Must be an original phone with original parts
• Battery health 85% or higher (iPhone Only)
• Have any iCloud, Samsung or Google accounts and PINS removed from the device
• Have no water damage (water indicators must not be pink/red or removed)

Faulty

To be classed as fault the device should:
• Has severe cosmetic damage (very deep scratches, extensive marks or broken)
• Any component of the device does not work as it should (Microphone/camera/loudspeaker etc)
• The screen may have faults such as cracks/discolouration, dead pixels, or pressure damage.
• The housing or rear glass may be cracked or smashed.
• Any dust under the screen/front camera or rear camera lens.
• Have non genuine parts
• Battery health below 85% (iPhone)

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 days, then the device will be processed for parts only and you will not receive a payment.

6. Contracts, SIMs & 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 card 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.

7. 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.

8p. Data Erasure

8.1. 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”)).
8.2. 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.
8.3. 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 destroyed and be recycled following WEEE standards.
8.4. Whilst we will make every effort to securely erase the device as part of our process, we strongly advise that you delete all personal data prior to sending it to us. If your device is not working or cannot be powered on and has a “remote wipe” function, we strongly advise that you attempt remote wiping your device prior to sending it to us.

9. Payment

9.1. 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.
9.2. 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.
9.3. Working days are Monday to Friday excluding bank holidays and festive holidays, and events outside of our control.
9.4. At peak times please allow 48 hours for your device to be received and tested.
9.5. 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.
9.6. We cannot, under any circumstances, recall or reissue bank transfer or PayPal payments once they have been made.
9.7. All discrepancies must be reported to us in via email (help@sellmyiphone.co.uk) within 24 hours.
9.8. 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.
9.9. All items are purchased using the VAT margin scheme as per the HMRC used goods VAT rules.

10. 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.

11. Complaints procedure

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

12. Pricing

12.1. Prices displayed on our website are subject to change at any time without notice and include any applicable VAT and other tax.
12.2. All prices are quoted and paid in pounds sterling.
12.3. 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 the 14-day period, you will receive a revised valuation at the market value on the day or receipt. In exceptional circumstances where a market price has changed significantly we reserve the right to revalue regardless of the number of days since the original offer.
12.4. If you reject any revaluations, we will return your device(s) Free.
12.5. 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 calendar days. Please note the acceptance or refusal off an offer must be completed using the options within the email that the new offer is made. Sellmyiphone’s decision is full and final on all device prices. 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.
12.6. 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.

13. Postage and Returns

13.1. 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.
13.2. 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).
13.3. All devices must be sent in accordance with Royal Mail (or chosen courier’s) guidance.
13.4. Your device can be sent to us free of charge using the prepaid Royal Mail 48 postage label that we will have sent you or by downloading and printing the Royal Mail 48 label provided to add to your own packaging.
13.5. Royal Mail 48 Tracked postage 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 to use Royal Mail Special Delivery (or other fully insured service) as these typically insure the package for up to £500. You can request the Royal Mail upgrade your postage at your own expense. You will only have to pay the difference between our Royal Mail 48 tracked postage and Royal Mail Special Delivery.
13.6. If your device is lost or damaged in the post, we will advise you how to claim against Royal Mail, but we cannot guarantee your claim will be successful. We accept no liability for any claims which are refused by external parties. If we receive a damaged device, the package and device will be returned to you so that you may. 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.
13.7. 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.

14. Our Liability and Risk

14.1. 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.
14.2. 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.
14.3. 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 due to 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 due to a failure to adhere to your obligations regarding removal of SIM cards and other data.
14.4. 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).
14.5. 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.
14.6 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.