Voice Mobile Ltd Terms and Conditions
These Terms & Conditions apply to any customers placing orders online or via the telephone:
1. Payment and Ownership of Goods
1.1. We accept payment by Visa, Delta, Maestro, and MasterCard.
1.2. Voice Mobile Ltd ( we or us ) will only debit any credit/debit card when securing goods to be despatched. The bank may 'hold' or 'allocate' the funds for the transaction.
In these terms & conditions of Business: - "Goods" means goods or products offered for sale to the customer ( the “customer” or “you” by us. "Goods" also means mobile phones that are discounted or supplied free with monthly paid contracts.
1.3."Promotional Product" means an item or product offered free of charge with goods that have been supplied and paid for, or discounted to free.
1.4. Goods and promotional products supplied by us remain our property until the goods are paid for in full. If the payment is declined by the bank or cheque issuer, whether before, or after, dispatch of the goods, we will treat the order as cancelled. If the goods and promotional products have been dispatched we may:-
a) Require the return of goods and the promotional products to us in a resalable condition within 14 days,
b) Require payment in full by satisfactory alternative means within 14 days.
1.5. Any claim or obligation under this clause is without prejudice to our rights under Clause 14 of these terms & conditions of the Business.
1.6. We use an AVS checking system to verify credit card details when we take a payment from you. If your order does not occur an upfront cost, such as an upfront handset cost for example, we still continue to do a security AVS check, just to verify your details. There is a zero charge for this check, you will not be debited. After this transaction has complete, we shall then take the payment for the handset or any other items in the basket that require payment. If none of these require payment, no payment will be taken.
1.7. Failure to make payments in full and on time may result in your account being passed to a debt recovery agency. The customer understands they are liable for all legal and debt recovery costs, should such action occur.
2. Placing an Order & Stock Availability
2.1. All items offered on are subject to availability. We shall update you via text when an order is out of stock. If an item ordered is out of stock we will notify the customer within three working days of the order being placed.
2.2. Orders for any of our products can be placed via our Secure Online Server, or by telephoning our Sales Team.
2.3. All required fields and sections of our order forms must be completed with the correct information.
2.4. We aim to process and dispatch all orders as quickly as possible - usually within two working days providing we have all the necessary information and the line is eligible to proceed with the connection. Business orders may take longer due to verification and credit checking processes.
2.5. All orders are checked by our Order Verifying Team for the security of both the customer and Voice Mobile. Our Order Verifying Team or the mobile phone network may request proof of address and/or proof of identification from customers before an order can be processed. If this is the case we will contact these customers giving full details of what is required.
2.6. If payment for an order is made by credit or debit card we may carry out checks or "authorisations" with the card issuer for security reasons. If any problems occur with the authorisation of a credit or debit card we will contact the customer for further details.
2.7. All applications for a pay monthly mobile phone "contract" are subject to a credit check - the mobile phone network may in some cases ask for a security deposit to be paid by the applicant before a connection can be made. The network may also decline your application in certain instances. If either of these occurs we will contact you and advise you of the situation as soon as it arises.
2.8. Complications caused by any of the above in Clauses 1.3 - 1.5 may cause a delay in the processing and dispatch of your order.
2.9. To protect against fraud and at the discretion of Voice Mobile, customers may be restricted to the number of purchases they can make in any period.
2.10. We ask you where you heard about us on our websites (Select Referrer?) as our offers are often tailored to a specific trade body or organisation and as such we are required to report those bodies on the performance of their marketing and any commercial arrangements they may have with us.
3. Website Accuracy
3.1. Our website production & design team work extremely hard to ensure our website is as accurate as possible and in order to achieve that our website is updated regularly.
3.2. We cannot however guarantee the accuracy of information supplied, especially aspects like product specifications, network tariffs, call charges, special offers and promotions which may change without prior notice, before or after you have placed your order with us.
3.3. Pictures of products are a representation only and should be used just as a guide. Specifications and/or colours of products may change/vary without prior notice before or after you have placed your order with us.
4. Product Warranty
4.1. All mobile devices come with a 12-month manufacturer’s warranty, apart from a pre-owned product that has no warranty.
4.2. If you incur a problem with your mobile phone you will need to contact the manufacturer in relation to exchange. This warranty does not affect a customer's statutory rights which cannot be excluded or restricted by law.
4.3. Additional insurance for mobile phone handsets maybe available at an extra cost on certain products. We do advise that customers consider taking this "Insurance" wherever possible. This can also be purchased at point of sale with Voice Mobile Ltd, within 6 months of purchase.
5. Delivery of Your New Phone and Tariff
5.1. All orders placed come with a standard Monday - Friday free delivery. If Saturday delivery is requested by the customer, there is a £10.00 charge to do so.
5.2. Delivery will be made to the address that your mobile phone and credit card is registered to.
5.3. When the order is ready for dispatch the customer will be contacted via text by our dispatch team to confirm the delivery date, consignment number an website to track order.
5.4. All deliveries are subject to stock availability at the time of order confirmation.
5.5. Delivery of the contract mobile phone is subject to the customer passing security, identification and network credit checks.
5.6. Voice Mobile Ltd cannot be held responsible for any delivery delays with any courier used. Delivery is subject to the availability of the delivery service.
5.7. Delivery times may vary for non-mainland and Highlands deliveries.
5.8. Delivery suppliers will attempt delivery once and leave a calling card if delivery is unsuccessful. In the event of an unsuccessful delivery your parcel will then be available for collection from a depot, warehouse or other depository. If the delivery has not been arranged for collection or re-delivery within 48hours the parcel will then be returned to us. In this occurrence a charge of £12.00 for re-delivery will be incurred. Re-delivery should be arranged by contacting our customer experience team.
5.9. It is the customer's responsibility to check all correspondence is correct, sign any documentation required and notify us of any errors within five working days.
6. Privacy of Information
6.1. Any information collected by Voice Mobile Ltd, including that gathered at the time of ordering/registration is collected lawfully and in accordance with the all UK Privacy Laws. Voice Mobile Ltd are the data controller.
6.2. We may share your information with other providers to carry out services on your behalf. Other providers include our insurance provider, credit bureaus, card payment processors and Identity Verification providers. Although your information may be shared, we still control your personal information and we have strict controls in place to make sure it’s properly protected.
6.3. We will not sell, distribute or lease your personal information to third parties unless required by law to do so. As detailed above the information is only shared with providers in which we partner with to be able to process your order request. You may request details of personal information which we hold about you, under the legislation of the latest Protection and Privacy Acts. Please contact in any method listed above to obtain this information. You may also contact if you believe that any information we are holding on you is incorrect or incomplete.
6.4. The customer is in agreement that we may use personal information provided in order to conduct appropriate anti-fraud checks. Personal information that is provided by the customer may be disclosed to a credit reference or fraud prevention agency and relevant authorities, which may keep a record of that information.
6.5. If you wish to opt out of any marketing or contact from ourselves, this can be done so using any of the following methods. By email, email@example.com by calling 0121 748 8484 or by writing to Voice Mobile Ltd, 220 Chester Street, Aston, Birmingham, B6 4AH. If you wish to opt out of SMS contact only, you can also text Optout END to 80010. If you wish to opt out of email contact only, there is an opt-out option on any marketing email you receive from us. Remember if you do select to opt out of any contact detailed above, you risk losing the great benefits and offers personalised for you.
6.6. If you require any further information regarding our Privacy of Information Policy please email firstname.lastname@example.org
7.1. Unless we indicate otherwise, all prices stated include VAT and delivery to mainland United Kingdom (excluding Eire). Errors and Omissions are accepted.
7.2. You will notice on our websites that pricing may differ for EE upgrading customers and EE new customers. For all of our new and upgrade pricing, please visit our websites.
8. Mobile Phone Contract Connections and SIM Card Connections
8.1. All mobile phone contracts are subject to the minimum contract term agreed between us. All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over. Contract upgrades are also subject to a further minimum term contract term.
8.2. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will always advise the applicant of any negative credit assessments and connection refusals. Voice Mobile Ltd cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant. See also Clause 1.7.
8.3. By accepting an early upgrade the customer is accepting the length of time remaining in the contract will be added to the minimum term of the new service agreement and any required additional early upgrade fees will be paid by you.
9. Returning or Exchanging Products
9.1. If for any reason you wish to return a product, please email our returns team at: email@example.com You must detail the following:
Our team will email a faulty exchange form which needs to be completed by you. This form is to confirm the fault/condition of the item. By submitting a return request to the above email, you are agreeing to the below return terms, detailed in Clauses 9.4. to 9.9.
9.2. If you are cancelling your order, you must advise Voice Mobile Ltd of the return requirement within 14 days of receipt. We will not accept any returns for cancellation outside of this period.
9.3. Any damage to the device during transit must be notified to Voice Mobile Ltd on the day of delivery. Any claims made after this will not be valid.
9.4. It is the customer's responsibility for the safe return of all goods. Any device that displays damage will not qualify for a 14 day return. All items returned under our 14 day return policy (i.e. non-faulty) must be returned as they were received; in their original packaging with no damage to the box, the original screen protector still intact and all contents included. None of the accessories can have been used.
9.5. Refunds will not be given if any cancelled order is returned outside of 14 day return period or is in any other condition than as stated in clause 9.4. Such returns will be rejected by our returns team and sent back out to the customer deemed as unreturnable. Please note you will be liable for the full duration of the contract you agreed to.
9.6. Goods that become faulty within the first 30 days of connection qualify for an exchange via Voice Mobile Ltd. You are to notify Voice Mobile Ltd via the same method described in clause 9.1. The faulty items must be returned to us with their original packaging, no damage to the box, full contents included and all accessories. Any accounts set up on the device (i.e. iCloud, Google accounts) must be removed prior to return. For Apple devices Find my iPhone must be removed from the device along with all other passcode locked applications where possible. If this is not the case the handset will be returned back to you. If you need any support removing your personal data from the device, please contact the Voice Mobile customer service team on 01217488484 who will be able to assist. If accidental damage is detected on the device upon receipt, you will be held liable for the full cost of the handset.
9.7. For all Apple products, terms and conditions are available at http://www.apple.com/uk/legal, find your nearest Apple store at http://www.apple.com/uk/retail.
9.8. A collection fee of £4.99 will be charged for any return/cancellation.
9.9. Please refer to your order ‘‘confirmation email’’ for full details of your tariff information. If you need another copy of this, please contact us directly.
10. Returning Contract Connections and Contract SIM Connections
10.1. If a customer is dissatisfied with any contract connections or contract sim connections, they must advise Voice Mobile Ltd of the cancellation requirement within 14 days of receipt. We will not accept any cancellations outside of this period.
12. Your Legal Rights as a Consumer
11.1. These terms & conditions do not affect any of your statutory rights, which cannot be excluded or restricted by law.
12.1. If customers have cause for complaint regarding any service or product provided by Voice Mobile Ltd they are to email full details to firstname.lastname@example.org
12.2. We endeavour to respond to all complaints within two working days and aim to resolve any problems as quickly as possible.
13. Mobile Number Portability
13.1. Should a mobile number transfer be delayed after our initial setting up procedure with the relevant network, we cannot be held responsible for any further delay as the mobile number transfer is then totally the responsibility of the two networks and/or service providers involved.
13.2. If a customer’s mobile number transfer spans over two separate calendar months, we cannot be held responsible for any tariff or line rental changes imposed by the mobile phone networks and service providers.
13.3. We cannot be held responsible for; any additional network or call charges; any loss or damage as a result of a delay in the processing of the port; an inability to port the customer's number; if the PAC code expires before connection. If we find the PAC code has expired when it comes to connection we will notify the customer.
14. Minimum Contract Term and Early Termination of Air Time Contracts / Changing of Tariffs
14.1. Our offers with monthly contract phones and packages are subject to the minimum contract term agreed by you. Upon expiry of the minimum contract term the contract will continue to run on a rolling basis until you give the network notice of your cancellation requirement. 30 days’ notice will be required for cancellation.
14.2. Mobile contract phones and packages are completely dependent on the tariff and minimum contract term selected by you, therefore:-
14.2.1. If you disconnect from the network or otherwise terminate the contract within the minimum contract term for any reason, you will be liable to discharge the following costs (to the extent that they apply to your tariff):
14.2.2. In the event that any sums due to us on your account are outstanding and become overdue we reserve the right to refer the matter to our debt collection agency, which will incur additional costs, to be payable by you. Any costs incurred to collect the debt will be added to your debt balance, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us these additional costs, and that recovery of same can be enforced against you in court or by other formal debt recovery action.
14.2.3. Disconnections arising during the initial 14 day cancellation period are the only exceptions to the above clauses 14.2.1 and 14.2.2.
14.2.4. In the event that you downgrade your tariff at any point during the minimum term of your contact. , we reserve the rightto invoice you for any outstanding sums connected with the remaining period of the minimum term (as set out in clause 14.2.1 above). This will be calculated upon change of tariff, plus VAT, per handset. The charge will be dependent on the tariff selected at the time of the downgrade. A downgrade within the minimum contract term will also result in an adjustment of any outstanding cash back due to you.
14.2.5. It is important to note that some networks and service providers will not allow downgrades of tariff during a customer's contract. It is in your interests to select the tariff that is most suitable for your needs at the beginning of a contract, to avoid any tariff downgrades becoming necessary during the term of the contract.
14.2.6. If you choose to 'buy-out' the remaining minimum term on your contract and bring the contract to an end early by paying the value of the remaining line rental and any other sums payable (as detailed in clause 14.2.1 above), you accept that you may no longer be eligible to claim any redeemable offers from Voice Mobile Ltd.
14.2.7. In the event that you are disconnected from the network for any reason within the minimum term of the contract, or if you default on payment, you accept that you will no longer be entitled to any redeemable offer or cash back from Voice Mobile.
14.3. Disconnections arising during the initial 14 day period are the only exceptions to the above clause 14.2.
15.1. We aim to give the most accurate and up to date information available when taking telephone orders. Voice Mobile Ltd cannot however be held responsible for networks, service providers, manufacturers and their distributors changing specifications, terms & conditions and offers.
15.2. Having read our terms & conditions, it is the responsibility of the customer to check the appropriate network and service provider Terms & Conditions and charges to ensure they are completely satisfied.
15.3. By ordering over the telephone it is considered that the customer has read and accepted our terms & conditions.
16. Cash Back & Free Gifts
24 month contracts:
16.1. If your deal includes cash back or a line rental discount this will be detailed within the order confirmation email sent after a successfully completed order. The total cash back and line rental discount is divided and claimed in five separate instalments, on specific billed months over the initial duration of the airtime agreement.
Cash back can be claimed on equal payments at month 6, 9, 12, 15 and 18, of the connection or upgrade date. You, the customer, shall need to email a copy of your bill for each claim, we then pay the amount via bank transfer, which shall reach you within 30 days of the request date.
12 month contracts:
16.2. If your deal includes a cash back or a line rental discounts this will be detailed within the order confirmation email sent after successfully completed order. The total cash back and line rental discount is divided and claimed in five separate instalments, on specific billed months over the initial duration of the airtime agreement. Cash back can be claimed on five equal payments at month 4, 6, 8, 10 and 12 billed months of the connection or upgrade date. Your cashback will be paid via a bank transfer, which shall reach you within 30 days of your request.
16.3. All payments to EE must be up to date in order for the cash back to be paid.
16.4. Please note that claims must be made within 60 days from the date shown on the appropriate mobile phone contract bill you send to us.
12 month sim only contracts
16.5. Your cash back will be paid in two instalments at month 6 and 12 via a bank transfer. No bill required to be sent.
16.6. All payments to EE must be up to date in order for the cash back to be paid.
30 day sim only contracts
16.7. Your cashback will be paid by cheque within 30 days after the contract/upgrade start date, NO bill will be required.
17. Buy Back/Trade-in Program
These are the Terms and Conditions for selling your device on the Trade-In Program (the “Terms”).
When selling your device you will be contracting with Voice Mobile Limited (hereinafter referred to as “we”, “us” or “Voice Mobile Limited”). Please see the end of these Terms for our corporate information.
We recommend that you read these terms carefully before using the Trade-In Program and submitting your sales order. We also recommend that you save a copy of these terms and conditions for future reference. On the check-out page you will need to tick a box indicating that you accept the Terms. If you do not accept these Terms, you will not be able to place a sales order with the Trade-In Program.
1 DEFINITIONS AND INTERPRETATION
1.1 “Contract” shall mean the contract entered into between you and us in accordance with clause 8.3, which also incorporates these Terms;
1.2. “Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018;
1.3. “Device” means the device which is handed in or sent to Voice Mobile Limited;
1.4 “Fake Devices” are devices that are manufactured to resemble products made by another company and are in breach of that company’s intellectual property rights;
1.5 “Force Majeure Event” means any circumstance not within a Party's reasonable control including: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire, explosion or accident; (g); and (h) interruption or failure of utility service but excluding any labour or trade dispute, strikes, industrial action or lockouts;
1.6 “Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
1.7 “Lost, Blocked or Stolen Devices” are devices that have been reported as either lost, blocked or stolen in any of the stolen asset registers maintained by GSMA Device Check which is operated by Recipero Limited at http://www.checkmend.com;
1.8 “New Device" the new mobile device you purchase from us which has a discount equal to the value of the Device applied to it; and
1.9 “Trade-in Programme” means the programme run by Voice Mobile Limited to which you and your device has been registered and under which you are selling your Device to Voice Mobile Limited.
2 DELIVERY OF AND VALUING YOUR DEVICE
2.1. You warrant that you will accurately describe the condition of your Device so that we are able to provide an initial quotation before we are in receipt of, and able to inspect, the Device (the “Quotation”).
2.2. Once we have provided the Quotation, you shall send the Device(s) to the following address:
MOBILERECLAIM Ltd, Unit 16 & 17 Evolution, Hooters Hall Lane, Lymedale Business Park, Newcastle-under-Lyme, ST5 9QF
2.3. For your Device to be considered in working order it must adhere to the specifications set out in clause 4.1 below.
2.4. We do not accept any products that have activation locks via an iCloud or Android account.
2.5. While we do accept accessories, they will not factor into the valuation of your Device.
2.6. Upon receipt of your Device, we, or a third party engaged by us (“Third Party Inspector”), will carry out an inspection (as set out in clause 5.1). Any incorrect or inaccurate Device descriptions may result in us re-evaluating our Quotation to produce a Revised Quotation (as defined in clause 5.4).
2.7. Devices must arrive at our warehouse within fourteen (14) days of the date of the Quotation. If they arrive later, we'll offer the lower of (i) the Quotation or (ii) the current price on our price list (which can be located here) on the day the Device arrives with us.
3 DEVICE CONDITION
3.1 For your Device to be considered ‘working’ it must satisfy the following:
3.1.1 The Device must be complete with no missing, damaged, or cracked parts (e.g. a stylus should be included if the device was originally supplied with one);
3.1.2 The Device should be fully functional, meaning that:
3.1.3 The display should be clear and fully intact. There should be no fading, no pixels missing, no cracks or chips and no bleeding on the screen;
3.1.4 The battery of the Device must not be swollen;
3.1.5 The Device must be free from water damage (and signs of water damage as signified by the Device manufacturer’s water damage indicators); and
3.1.6 If the device has a flip or slider mechanism, it should open and close properly.
3.2 For your Device to be considered a ‘damaged device’ it must satisfy the following:
3.2.1 The display should not suffer from bleeding. However, abrasions or deep scratches are permitted in addition to single or multiple cracked glass, and extreme scratches or chips on the display of the Device;
3.2.2 The battery of the Device cannot be swollen;
3.2.3 The Device should be free from PIN and activation locks;
3.2.4 The control buttons and all the buttons on the keypad may be damaged including, but not limited to, the on/off, volume and navigation buttons;
3.2.5 The microphones, speakers, camera and flashlight on the Device are permitted to not function as intended;
3.2.6 Minor parts (for example the SIM card tray) can be missing or cracked (what constitutes a minor part will be determined by us in our sole discretion);
3.3 If your Device does not constitute a working or damaged device then it shall be considered a ‘non-working device’. Non-working Devices should meet the following conditions:
3.3.2 For device specific conditions, which we may amend from time to time, please click here or request a copy from the Voice Mobile Limited representative who is arranging your sale.
4 LOST, BLOCKED OR STOLEN AND FAKE DEVICES
4.1 We will make no payments to you for Lost, Blocked or Stolen Devices or for Fake Devices.
4.2 We will inform the relevant authorities if there is any suspicion that there is a deliberate attempt to commit fraud.
4.3 We may reclaim any money paid to you and/or rescind any discount given to you in relation to a new device, if it is discovered within three (3) months of the return of a Device that the Device has either been reported as a Lost, Blocked or Stolen Device by the (seller of the device), or the device is discovered to be a Fake Device.
4.4 Products which are Lost, Blocked, or Stolen will not be returned in accordance with Home Office guidelines and no payments will be made for them. Fake Products will only be returned if we consider (in our sole opinion) that they were remitted in good faith.
4.5 We retain the right to refuse to pay for, or offer discounts in relation to, any Device that we (in our sole opinion) believe have been purchased from abroad to be sold at an increased value in another jurisdiction.
5 INSPECTION, ADJUSTED QUOTES AND DEVICE RETURNS
5.1 Once we have received the Device, we, or the Third Party Inspector, will inspect the Device to see if it is consistent with the description that you originally provided to us (the “Inspection”).
5.2 The Inspection will focus on, amongst other things, the model and condition of the Device. If the model and/or condition are different to your original description, the Quotation will be adjusted in accordance with clause 8.2 below.
5.3 Should the Inspection reveal that you have sent us a different model than the one that we provided the Quotation for, we will offer an amount for the different model based on the price on our price list which can be located here) on the day that we are in receipt of the different model (subject to the condition of the Device).
5.4 We will contact you via email to confirm the amount we will offer for such a Device as adjusted, if necessary, by these Terms (the “Revised Quotation”). You will have five (5) working days from the date we communicated our Revised Quotation to you in which to agree to the Revised Quotation (the “Return Period”). We will not be held responsible for non-delivery of communications due to spam emails or junk filters.
5.5 If you choose to decline the Revised Quotation within the five (5) working day period, you may ask us to return the Device to you. Please allow for up to ten (10) working days to receive your returned Device(s). If for any reason, excluding for reasons resulting from your negligence, we cannot send you back your original Device then we will be obliged to make payment of the sum equal to the Quotation.
5.6 If you do not reply within five (5) working days from our communication of the Revised Quotation, then the Revised Quotation shall be final and discounted from the cost of a New Device that you may purchase from us. For the avoidance of doubt, should you fail to reply in five (5) working days from our communication of the Revised Quotation, there are no circumstances under which we will be able to return the Device.
5.7 Should you send any additional accessories to us with the Device which we have not expressly requested then these cannot be returned to you.
5.8 Should we receive and Device(s) that are not set out in the Quotation then we shall be entitled to recycle these Device(s).
6 YOUR OBLIGATIONS
6.1 It is your obligation to:
6.1.1 remove any SIM cards, memory cards and/or SSD cards (the “Cards”) from your Device before sending to us. The Cards may contain private information and may enable unauthorised use of your network airtime or personal information. Should you fail to remove the Cards you agree that we shall not be liable for any losses, claims or damages with respect to the use of the Cards arising before, or after, our receipt of the Device;
6.1.2 delete all forms of personal files and data including, but not limited to, SMS messages, photographs, games, songs and other data (the “Device Data”) from the Device;
6.1.3 switch off any ‘Find My Device’ or equivalent service on the Device; and
6.1.4 restore factory settings prior to sending the Device to us.
6.2 By sending the Device to us, you agree to release us from all claims, losses or damages with respect to data stored on the Cards and the Device Data. We accept no responsibility in relation to the security, protection, confidentiality or use of the data stored on the Cards or the Device Data.
6.3 Once we have received the Device it will not be possible for you to obtain any data or other content from the Device or any Cards that remain in the Device
6.4 Where we receive a Device which, when it is turned on, appears not to have been reset to factory settings then you hereby authorise us to take reasonable actions to wipe or remove any stored data from the Device by resetting the Device to factory settings in accordance with the manufacturer’s recommended guidelines. We shall have no further obligations in respect of wiping or removing any data remaining on the Device. We accept no responsibility for failure to maintain the integrity or confidentiality of any data remaining on the Device, and does not warrant or guarantee that resetting the Device to factory settings will permanently delete any data or personal information remaining on the Device.
7 DISCOUNT ON NEW DEVICE
7.1 In consideration of the provision by you of the Device we shall apply a discount equal to the value of the Quotation or (if applicable) the Revised Quotation to the cost of a New Device which may be purchased from us.
7.2 The purchase of a New Device shall also be subject to our standard terms of sale which can be found here.
8 CONTRACT FORMATION
8.1 Nothing communicated to you, either by phone or on any of our websites, constitutes an offer by us to sell or purchase any goods or services.
8.2 Sending a Device to us shall constitute an offer by you to sell such a Device to us in return for the Quotation (“Your Initial Offer”). We are not obliged to accept Your Initial Offer and our acceptance of Your Initial Offer will only take place as described in clause 8.3.
8.3 No contract will be formed until either:
8.3.1 we accept Your Initial Offer, by confirming such acceptance in an email to you;
8.3.2 you make another offer by agreeing to our Revised Quotation (“Your Revised Offer”) and we accept Your Revised Offer, by confirming such acceptance in an email to you; or
8.3.3 you fail to respond to our communication setting out the Revised Quotation within the Return Period and we confirm acceptance of the sale contract in an email to you.
9 TITLE AND RISK
9.1 Title in the Device(s) pass to us on formation of the contract in accordance with clause 8.3. Once title has passed you disclaim any further right, title or interest in and to the Device(s) or any items which form part, or are packaged with, the Device(s).
9.2 Risk in the Device(s) shall pass to us on our receipt of the Device(s). We will not be responsible for any loss or damage incurred to the Device(s) until they are received by us.
9.3 For each Device sent to us it is your responsibility to:
9.3.1 packaged in such a way as to ensure that it is physically protected;
9.3.2 obtain, and provide to us on request, a tracking number for the package containing the Device.
9.4 You are permitted to send the Device to us in your own packaging and you will be provided with a free return address label.
10 INDEMNITY AND LIMITATION OF LIABILITY
10.1 We shall not be liable to you for any loss, damage, cost, expense or other claim for compensation arising as a direct or indirect result or breach or non-performance of this Agreement due to a Force Majeure Event.
10.2 Subject to clause 10.4, we shall not be liable to you for any of the following, whether in contract, tort (including negligence) or otherwise:
10.2.1 any loss arising from damage or loss of the Device during transit;
10.2.2 any indirect or consequential losses;
10.2.3 loss of revenue or anticipated revenue;
10.2.4 loss of savings or anticipated savings;
10.2.5 loss of business opportunity;
10.2.6 loss of profits or anticipated profits; or
10.2.7 loss of wasted expenditure.
10.3 Subject to clause 10.4, our maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising, out of or in connection with the performance of our obligations under this Agreement shall be limited to one hundred British pounds sterling (£100) per Device.
10.4 Neither one of us excludes or limits our liability to the other for death or personal injury caused by its negligence, or in respect of any other liability to the extent that it cannot be excluded or limited as a matter of law.
10.5 The Trade-in Programme is provided for lawful purposes only and you agree to indemnify us from and against all claims brought against us arising from performing our obligations under a contract for any breach of these Terms by you.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or licensee of all Intellectual Property Rights in any website forming part of the Trade-In Program and in the materials published on it.
11.2 You must not use any part of such a website, or the content featuring on it, for any commercial purposes without our express consent.
12 YOUR PERSONAL INFORMATION
12.2 Both Parties confirm that we will comply at all times with the obligations imposed on them by the Data Protection Legislation.
13 FORCE MAJEURE
13.1 Provided it has complied with clause 13.2, if one of us is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event (the “Affected Party”), the Affected Party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
13.2 The corresponding obligations of the other Party will be suspended, and it’s time for performance of such obligations extended, to the same extent as those of the Affected Party.
13.3 The Affected Party shall:
13.3.1 as soon as reasonably practicable after the start of the Force Majeure Event but no later than two (2) days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement; and
13.3.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
13.4 If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than two (2) weeks, the Party not affected by the Force Majeure Event may terminate this Agreement by giving one (1) weeks' written notice to the Affected Party.
14 WAIVER AND VARIATION
14.1 Any waiver by either of us of a breach of any provision of these Terms will not be considered as a waiver of any subsequent breach of the same or any other provision.
14.2 No oral variation of the terms of these Terms will be binding.
15 THIRD PARTY RIGHTS
No person who is not party to the Contract will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy that exists or is available other than pursuant to said Act.
16 NO PARTNERSHIP
Nothing in these Terms will be deemed to create or imply the existence of partnership or joint venture between the Parties.
17 ENTIRE AGREEMENT AND CONTRACT FORMATION
17.1 This Contract constitutes the entire understanding between the Parties and all previous agreements whether written, oral or implied between the Parties will cease to be effective.
17.2 Neither of us shall have any remedy in respect of misrepresentation or untrue statement made by the other Party unless and to the extent that a claim lies for breach of the terms of this Contract. This clause does not preclude liability for fraudulent misrepresentation or any statutory rights you may have as a consumer.
18 GOVERNING LAW AND JURISDICTION
18.1 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.2 Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
18. Third Party Authorisation (Business customers only)
18.1. By connecting through an Authorised EE Partner, EE will allow us access to your Account to obtain billing information, make changes (with the exception of requesting PAC codes or account closures) and add products/services on your behalf. You will remain responsible for all changes made to your Account including any and all charges which may arise as a result of actions pursuant to this authorisation. EE shall not be liable for any actions taken by EE in fulfilling requests from the Partner. This authority will continue unless you wish to revoke it by emailing email@example.com
19.1. In the event of any disputes over these terms and conditions, or for any disputes regarding any other matter, the
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