Terms & Conditions
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 phone(s) or tablet(s) that you send to us.
Ownership of the phone(s) or tablet(s) will pass to us when we receive the phone(s)/tablet(s), in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, contract will be 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 phone/tablet ("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/tablet does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sent your phone(s) or tablet(s) to us (outside the "cooling-off period").
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
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/tablet 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/tablet 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.
We may, at our discretion, reject orders from businesses involved in the repair, refurbishment or recycling of the items we accept.
Each mobile phone/tablet sold should match the make, model and network in the sale order. In addition, the correct options regarding the condition and functionality of the device should be selected when the sell order is registered (click the 'Help' hyperlink next to each option for additional information). Further, we may adjust our offer:
- If we are unable to test all functions of the device (because the LCD is damaged/defective or the touch function is faulty, for example)
- If the device has faults not specified in the options or help text on our website ('other faults')
- If the device has excessive cosmetic wear or damage including but not limited to dents, cracks, chips, smashed rear glass panels on iPhone 5 and 5S models, or misshapen/damaged housing
- If the device is engraved, or otherwise customised (e.g. has aftermarket non-OEM parts)
- If there is evidence of unauthorised repairs
- If the device is deemed beyond economical repair. For example, both bent housing and no power/logic board defects.
- If the battery capacity is under 80% of its design capacity
Each mobile phone or device should:
- Include its battery
- Be intact - not crushed, bent or snapped in half
- Not have any missing parts or components
All Apple iPhones and devices must not be 'activation locked' and must be deregistered (removed) from any iCloud (Find my iPhone/iPad) accounts.
All phones and devices must be on a UK network or not locked. Phones or devices locked to a foreign network will not be accepted.
We reserve the right to reject any order where we have a strong belief that the device you are sending to us may be owned by a third party (e.g. any device sold by EE since the 26th March 2014 will belong to EE for the initial 6 months). All owned devices sold to us will be paid for 50% at point of sale and 50% in 8 months time.
We have the final say on all device values.
By submitting an order through our site you warrant that the phone(s) or tablet(s) comply with these terms.
- 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/tablet. We accept no liability in the event that a SIM card is sent with a phone/tablet 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/tablet to us, you agree to release us from all and any claims, losses or damages with respect to the phone/tablet, any data stored or contained therein or on any media used in conjunction with the phone/tablet (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/tablet prior to you sending it to us. Please use our free guide to obtain step-by-step instructions on how to delete personal data from your phone/tablet.
Adjusted Offers & Returns
If a phone/tablet fails to meet our terms and conditions we'll propose an adjusted price by email. If you choose to decline our new offer, we are happy to return the phone/tablet. We cannot return accessories or the box, however. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 7 days.
Lost or Stolen Mobile Phones and Devices
Selling a mobile phone or device which you do not own may amount to a criminal offence. Gecko Mobile 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/tablet 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 or stolen or recorded as such.
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.
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.
Prices offered on our website are subject to change at any time without notice.
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 email.) If your phone(s)/tablet(s) 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.
Best Price Guarantee
In order for us to beat a higher offer seen elsewhere, you must provide in writing evidence of the higher offer (e.g. a link to the webpage on which the offer can be found).
In addition, the following conditions must be met:
- The higher offer must be made by a company which has been registered as trading in Great Britain and Northern Ireland for at least three years; and
- Their principle trading activity must have been the recycling of phones and/or tablets for the whole duration of that time; and
- They must be VAT registered; and
- The quote must be for a cash payment not a voucher payment or the like; and
- The quote must not be part of any special offer or the like; and
- Your phone/tablet must meet all conditions on which their quote is based
If we have reason to believe the competitor has a reputation for systematically lowering their offer once the device arrives, even if their terms & conditions are met, we reserve the right to withdraw our Best Price Guarantee.
Once we have verified that these conditions have been met, we will make an adjusted offer in writing. You can accept our adjusted offer by registering your sale. Our adjusted offer is guaranteed for 14 days, or until the higher offer amount changes, or until the conditions on which the higher offer is based change, whichever comes first.
We offer a freepost service. Unfortunately, we do not accept responsibility for non-delivery of phones/tablets or damage in transit. If you are posting your phone/tablet yourself we recommend that you send any high value units via registered post to ensure successful delivery.
We offer an option of cheque, bank transfer or PayPal payments. You will be required to select a payment option when placing each online sell order. Unfortunately, this payment option cannot be changed once the order is placed.
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 PayPal, on the same day of receipt (Monday to Friday, excluding public holidays). Same day payment does not apply to sale items received after 11am (most are) and in events that are out of our control.
If you have received payment from us in error, you agree to immediately reimburse us in full, within 3 business days following a written request by us, for any such payment.
Cheque payments can only be made to the name and address given when you register.
If you have damaged your cheque, you can have it reissued, free of charge, by posting us a written request and including the damaged cheque to the following address:
Queensgate House, 48 Queen Street, Exeter, EX4 3SR
If the damaged cheque is not received by us, a cancelation fee will apply and will be deducted from the re-issued cheque value.
If you have lost your cheque, you can request for it to be cancelled and re-issued. A cancellation fee will apply and will be deducted from the re-issued cheque value.
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.