Terms & Conditions of Supply
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.
You must own all rights, title and interests in any equipment you sell to our third parties or to us.
Ownership of the phone(s) or equipment will pass to us when we receive them, in accordance with these terms and conditions, and we or our third parties have dispatched payment to you, when, hence, a contract will be formed.
The contract between you and us or our third parties 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 phone (“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 phone does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sold your phone(s) or equipment to us (outside the “cooling-off period”).
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 phone 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.
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.
Phones and Devices
Each mobile phone or device sold should match the make and model in the sale order and meet the following conditions:
If a phone fails to meet our terms and conditions we’ll propose an adjusted price when we or our third party contact you directly.
We accept phone battery chargers and accessories. But, these do not increase the value of your order. We may not be able to return accessories or original packaging (box) if you request your phone to be returned.
Data Risks and Precautions – Important
Please remember that by selling 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. iBuyanyPhones 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.
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.
We offer an option of cash or bank transfer.
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 voucher, on the same day of receipt (Monday to Friday, excluding public holidays). Same day payment does not apply to sale items received after 2pm (most are) 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.