1. How These Terms And Conditions Apply
In these Terms and Conditions ("terms"), the following will help you understand meanings used:
"Device" means the mobile phone or tablet device e.g. iPhone that you wish to see us in accordance with these Terms. Device does not include a SIM or memory card and they should not be sent.
"We/Us/Our" means Phones 2 Pounds Limited trading as Phones 2 Pounds.
"You/Your" means you, the person using our website and sending a mobile phone/device to us which may be bought by us and resold or recycled.
2. About Us
The mobile phone/device sale and recycling process is provided by Phones 2 Pounds Limited, a company registered in England, with the registered office at the address the following address:
- 142 Leagrave
- LU4 8HX
- UNITED KINGDOM
Our trading address is:
- PTOP Limited
- Basepoint Business and Innovation Centre
- 110 Butterfield
- Great Marlings
- LU2 8DL
The company registration number is 8764481. We use the trade names "PTOP Limited" and "phones2pounds.co.uk"
3. Cooling Off Period
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 the 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 contact cannot be cancelled after you have send your phone(s) to us (outside the "cooling-off period")
4. Who Can Send Mobile Phones/Devices to Us
This web site is aimed at individuals interested in selling or recycling a mobile phone or device. By placing an order through us you warrant that:
- You are resident in Great Britain or Northern Ireland
- You are legally capable of entering into a contract with us
- You are at least 18 years old or have parental consent to sell your phone or device.
All users must use their own identity at all times and ensure that all information provided is accurate and up to date. You must not, under any circumstances, send a mobile phone/device that you do not own, even if owned by a family or household member. By sending a mobile phone/device, you confirm that you own it. We may refuse to trade mobile phones/devices with some people, at our discretion.
5. How The Contract is Formed and the Recycling Process
During the online process, you will be asked to agree to these Terms. You must read them carefully as they form the agreement between us and you; and you will be bound by them. If and when you agree to them, we will then send a confirmation that we have received your sales pack request. The agreement between us is formed when we send that confirmation to you. Any terms or conditions referred to in a sales order by you, anywhere or at any time, have no effect. Any variation to these terms must be confirmed in writing by us. If you do not agree to our Terms, we are unable to progress your trade.
You may include any number of mobile phones/devices in a sales order, subject to restriction in these Terms and as we may stipulate from time to time. Each sales order is a separate contract. A full explanation about how to place an order is in the FAQ section or How it works section of this website.
6. Lost, Stolen Barred/Blocked "RED FLAGGED" Mobile Phones/Devices
We will check the status of all mobile phones/devices received against the National CheckMEND database (using the IMEI number). If your mobile phone/device is found to have a red flag by CheckMEND, it must be quarantined for 28 days whilst its status is reviewed. The mobile phone/device will have a red flag if it has been registered as lost, stolen or barred/blocked on the CheckMEND database.
If you are advised that your mobile phone/device has a red flag against it you will need to contact CheckMEND in order to review the status of your mobile phone/device. You will be advised of the procedure required by email from us. The purpose of the quarantine period is to allow the rightful owner the opportunity to have the red flag removed in order that the mobile phone/device can be disposed appropriately.
If, during the quarantine period the red flag is removed, your mobile phone/device will be processed and paid for as normal. However, if after the quarantine period has expired and the red flag has not been removed then we are required by law to dispose of it and you will not receive any payment.
UK legislation states that we cannot under any circumstances return the mobile phone/device during this 28 day period unless the red flag has been removed. If we become aware of any issues you will be required to co-operate with the authorities and we reserve the right to withhold or cancel the payment.
Attempting to sell a mobile phone/device that you do not own that is stolen or lost may be a criminal offence.
7. Conditions Relating to the Sale of your Mobile Phone/Device to Us
We may refuse to process a sale if at our discretion we believe it reasonable to do so.
This may include (but is not limited to) where, we identify a valuation error on the website; or you fail to meet any criteria for eligibility which we may impose from time to time, or you fail to submit all necessary and relevant details for us to complete the sales process; or fail to send us your mobile phone/device; or where your mobile phone/device is damaged or does not comply with the Terms; of it is an imitation, copy or otherwise a non-genuine make or model.
To receive the full indicative value for your mobile phone/device, it must power-up (turn on) and be in full working condition (meaning that all features must be in good working order) and must not have any significant cosmetic damage i.e. more then minor wear and tear, this should not include cracks including hairline cracks either on the body or the LCD, impact damage on the phone in the form of dents or scuffs, or scratching on the phone again on the screen or body of the phone). By way of example only, damage classed as significant includes cracks on the device body; broken or cracked LCD screens; camera function not working or camera damage; buttons missing from the mobile phone/device or other keypad damage; multiple scratches or dents; snapped hinges; charger port not working; microphone damage; earpiece damage; or software which is faulty or defective, etc.
Mobile phones/devices must have original genuine batteries enclosed within the mobile phone/device casing; not be barred; PIN locked or water damaged; appear in or online guide; be of UK specification; and not be lost or stolen. This list is not exhaustive. When we inspect or test your mobile phone/device, we will not pay as much as the original indicative value if we find that your mobile phone/device does not comply with all these conditions.
Mobile phones/devices not listed on our website will be automatically recycled where possible, subject to these Terms. Such mobile phones/devices cannot be returned under any circumstances. Please ensure you are happy to send such mobile phones/devices to us for recycling only. You will not receive any payment for such mobile phones/devices. We accept the return of mobile phone/devices boxes, battery charges and mobile phone/device accessories but they do not increase mobile phone/device value and will not be returned if requested.
You can choose to continue the sale for the revised value or decline it. If you decide to decline the offer and want your phone returned we will charge an £10 handing fee and will return the mobile phone/device, the sale will not progress and our agreement will terminate.
To accept or decline a revised value reply back to the offer email you receive. If you do not respond within 7 (seven) days, starting on the day on which we email the revised value, we will automatically process your sale after that time, using the new price.
8. Wrong Models and Testing
As mobile phones/devices can look similar, customers sometimes incorrectly identify them. If we find that the model you send is not as referred to in your sales order, we will email a value for the actual mobile phone/device, confirming the model. You can choose to continue the sale for the revised value or decline it. If you decide to decline the offer and want your phone returned we will charge an £10 handing fee and will return the mobile phone/device, the sale will not progress and our agreement will terminate.
To accept or decline a revised value reply back to the offer email you receive, or contact us via telephone. If you do not respond within 7 (seven) days, starting on the day on which we email the revised value, we will automatically process your sale after that time, using the new price.
If you have queries about how models are identified, contact customer services (details below)
9. Damaged Mobile Phones/Devices
Damaged handsets must power up to receive the full displayed value on our website. If they fail to power up or show any signs of life we will send you a revised offer. Where possible, we offer value for a damaged mobile phone/device, but shall not be obliged to do so nor purchase any damaged mobile phone/device. Damaged mobile phones/devices will be traded using the same process as for all other mobile phones/devices. If we determine your mobile phone/device is damaged, we may, at our discretion, pay for the damaged mobile phone/device but the value will be as indicated on our website. Accordingly, if a mobile phone/device that we receive is damaged, then we will value the mobile phone/device to take account of the damage and send a revised value by email. In some cases, values will be zero if mobile phones/devices are beyond economical repair or have multiple faults (e.g. water damage and cracked LCD screen). A revised value will only be given once the mobile phone/device has been tested or inspected.
You can decide whether to continue with the revised sale or whether to decline it in which case, you will be charged a £10 handling fee and we will send your mobile phone/device back within 14 days, the sale will not continue and our agreement will terminate. To accept of decline a revised value, either reply back to the revised offer email or contact us via telephone. If you do not respond within 7 (seven) days, starting on the day on which we email the revised value, we will automatically process your mobile phone/device sale after that time using the new price.
Mobile phones/devices in pieces or parts or mobile phones/devices that have no value, will not be returned and we may recycle or dispose of them at our discretion.
10. Blocked Phones and Devices
Any mobile phone/device which is blocked or locked on receipt by us will incur a surcharge of an amount to be decided by us from time to time. Such sum will be deducted from any price offered for the mobile phone/device or we may at our discretion not proceed with the purchase of the mobile phone/device if the value of the mobile phone/device does not meet the cost of unblocking the mobile phone/device. In any event the mobile phone/device will not be returned and will be disposed of at our discretion. In any event we reserve the right to charge a handling fee of £10
You can choose to accept the revised value or decline it. If you decline a request the return of the mobile phone/device you will be charged a handling fee of £10 which must be paid before the mobile phone/device is returned. To accept or decline a revised offer, please log on to "my account".
11. Value and Payment
Mobile phone/device values on our website are indicative only and we are not obliged to pay the initially quoted value if when we receive your mobile phone/device, we determine that it has a lower value if it fails to meet these Terms.
Values are valid for 7 days from the date on which you place a sales order except that values may vary from those initially given on our website, as provided in these Terms. If we receive your mobile phone/device(s) after this 7-day period then the updated current price will apply. We will also send you an email reminder within this 7-day period. We may extend the period for which mobile phone/device values are valid but shall not under any circumstances, be obliged to do so.
Under no circumstances will payment be dispatched before we receive your mobile phone/device. Payment is in accordance with the method you select in the sales order process. Once you select a method for a particular sales order, you may choose any alternative payment option up until the process payment date. Once the payment has been processed it is no longer changeable.
Payment processing depends on third parties that we do not control. For payment by retail vouchers or cheque, this involves a postal service and for BACS payments, a bank. We will not be liable for delay in respect of payment as a result of third party action or inaction or once we have issued payment. We aim to issue payment within 3 working days of the day on which your mobile phone/device is tested and confirmed to meet our Terms where valuations do not change; or within 3 working days of the expiry of the three day period referred to above (see Wrong Models and Testing and Damaged Mobile Phones/Devices) where a mobile phone/device value does change. Timescales are indicative only and we do not guarantee to meet them. We are advised by Royal Mail that customers should allow 2-3 working days for cheques or retail vouchers to arrive and by the Banks that customers should allow 3-5 days to receive payment.
The criteria used to value mobile phones/devices are based on numerous factors including changes in market value. We may change the way in which we value mobile phones/devices at any time and without notice. Mobile phone/device values may change from day to day which means that if you check the value of your mobile phone/device on any given day but do not place a sales order, you may be given a different value for the same mobile phone/device at a later time. This does not affect any other provisions in these Terms. Any special offers on mobile phones/devices values are subject to particular terms that we may impose and may be varied or withdrawn at any time and without notice. Values are shown and payments are made in pounds sterling.
Each mobile phone/device is processed separately even if included in a multiple mobile phone/device sales order. We may send payment for each mobile phone/device separately. Nothing shall oblige us to complete any transaction with you, make a payment or fulfil our obligation to you in accordance with these Terms if we become insolvent, entry into an arrangement with administrators or if anything similar occurs, in which case our agreement with you will end immediately.
Payments are also subject to validation and security checks that we or third parties may stipulate from time to time. Payments are non-transferable and will be made to the payee named as instructed in the sales order process. If you would like someone else to receive payment, you must ensure you have all the correct details and authorisation. Payments will be sent in the case of postal payments to the address you stipulate when you set up your account. Payments sent in the post will be sent via first class Royal Mail post. All valuations include VAT (or other applicable tax) at the prevailing rate. Payments are made using the details that you provide. You must ensure that you provide all correct, accurate details, (including if a payment is sent to an incorrect account) as a result of your failure to input all payment and other details correctly, completely and accurately.
12. Sending Mobile Phones/Devices
We will send you a reminder by email if we have still not received your mobile phone/device within 7 days of sales pack order.
We will not be liable if the mobile phone/device is subject to loss or damage before receipt at our warehouse. You send your mobile phone/device at your own risk. We do not receive deliveries on weekends and bank holidays. We strongly recommend that all mobile phones/devices, regardless of value, are sent using a insured service equally, if for any reason your mobile phone/device is returned to you, you retain responsibility for risk in the mobile phone/device and we shall not be responsible for any damage in transit. We strongly recommend that you pack the mobile phone/device carefully to minimise risk of damage. The prepaid pack does not guarantee that the mobile phone/device will be received in the same condition as sent. Our return packs are standard priority return packs.
You must take the pack to the Post Office and hand it in at a counter where you will receive a receipt of postage. If your mobile phone/device is lost in the post you can use the receipt to claim from Royal Mail. If your mobile phone/device is lost in the post we will advise you how you might claim against the Royal Mail may but we cannot guarantee this to be successful. If we receive a damaged package, the package and mobile phone/device (if we received it) will be returned to you so that you may claim for the loss directly from Royal Mail if you wish. By sending the package back to you we do not guarantee that the claim will be successful and we cannot have any liability for any claims that are refused by external parties. For more information about making claims with Royal Mail, please visit www.royalmail.com. This information is provided for your information only.
If we return your mobile phone/device we will charge a £10 handling charge and use Royal Mail First Class Delivery to send your device back to you. If Royal Mail cannot deliver the mobile phone/device, we will ask them to return it to our Head Office and we will contact you by email to check your address. Once we receive conformation that the address is correct we will resend the mobile phone/device. If the address was not initially correct we will charge you the cost of resending the mobile phone/device out. If a mobile phone/device is returned to us for a second time or if we have emailed you and we not receive a response within 7 days, we will treat the mobile phone/device as our property, retain it and process the sale and will send you payment at the lower, revised mobile phone/device value.
13. Our Liability and Risk
Nothing in these Terms or elsewhere excludes or limits our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation, fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal to exclude. Your statutory rights are not affected. To the extent that we are liable to you in respect of breach of contract for negligence or for any other legal liability in relation to our agreement with you or otherwise, our total liability to you will be limited to three times the value of the mobile phone/device which is the subject of the liability (as determined by us in accordance with our usual valuation procedures) and any losses which are foreseeable as a direct consequence of us breaking our agreement with you.
Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a site effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise; direct loss of profit and indirect loss of project; loss of income or revenue; loss of savings; 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, including without limitation, 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.
Ownership of the mobile phone/device will pass to us when we issue payment to you but nothing will stop us from dealing with the mobile phone/device in the course of business. Mobile phones/devices will remain at your risk until we have issued payment for the mobile phone/device.
We are not responsible for any errors you make in entering any details during the online process.
14. SIM Cards and Data Removal – Important:
The sale of your mobile phone/device will not under any circumstance, include the sale of a SIM card or other proprietary information. It is a condition of you sending in and any sale of a mobile phone/device that before sending it, you remove and retain SIM cards AND memory cards (or other media) AND all other personal details and data including without limit, all names, mobile phone/device numbers, SMS messages, photographs, games, songs, video and all other data from your mobile phone/device. This is fundamental provision in our agreement. If you do not comply with these obligations, you will be in breach.
We will not accept liability for any loss, damage or costs which you incur if the SIM card, memory card or other media are sent with the handset or if personal data remains on the mobile phone/device including without limitation, any changes which you incur as a result of use of your mobile phone/device by any person, whether incurred before or after our receipt of the handset. We will not be in any way responsible for the security, confidentiality, protection, use or disclosure of any personal data that you fail to remove or any losses or costs that arise as a result.
If you send a SIM card, memory card or personal details in error or in reach of this section, we will not under any circumstances be able to return them to you and shall not be deemed to be holding, processing or otherwise using the data on your behalf in any way. Without any liability on our part we advise you to ensure that you understand and comply with any obligations that you may have in accordance with your agreement with your telecoms service provider including any obligations which you must comply with in disposing of your mobile phone/device.
If you do send your SIM card to us in breach of this section, it is your responsibility to inform your provider of your error and you will remain liable for any charges to your account both before and after sending your mobile phone/device to us. This is subject to any terms of agreement you may have with your telecoms provider.
We will not be in any responsible to you for a failure to purchase your mobile phone/device or for failure to comply with our obligations under these Terms or for any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to Act of God, flood, fire, trade dispute, lack of third party materials or services or terrorism.
The agreement between us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the agreement or appoint third parties to assist us to perform our obligations provided that this will not reduce our obligations to you. If any of these Terms is found to be void by a competent authority, all others will continue to apply. From time to time, new industry standards, guidelines and rules may be released. We reserve the right, at any time and without notice, to change our business processes, procedures and the Terms to adhere to such standards, guidelines and rules.
If either we or you do not at any time act on any rights which we have under these Terms, then it will not affect the rights of either of us to enforce any rights t a later stage. In addition, if either of us chooses not to rely on a right that we have, it will not affect any of the other rights that either of us has. These Terms and the agreement between us are subject to English law and we each agree that any dispute arising under or connected to it will be decided by the English Courts.
No changes to the Terms will bind either of us unless we agree in writing but mobile phone/device value changes constitute a change to the agreement and will be deemed to be in writing. We may amend the Terms at any time, without notice. Any change takes effect immediately after posting on the website and will be deemed to be accepted by any person using the website. Where you have already placed a sales order which we have accepted, the agreement between us is subject to those Terms in place at the time we confirmed your sales order. The agreement between us will end once each mobile phone/device transaction (or dealing as the case may be) is complete although those sections regarding SIM card removal, stolen mobile phones/devices and all exclusions of our liability as well as any other provisions capable of having effect after the agreement ends, will continue to apply thereafter.
Nothing in the Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that the Terms do not change any rights which the law grants to you and which the law does not allow us to change or limit. Any notice you send to us will be deemed delivered as follows, depending on how you sent it on the day on which it is left if you deliver by hand or on the day in which it is received by us if posted; or on the day on which it is sent correctly if by email. Please note we have a complaints procedure. Our contact details for all purposes are:
- Online Customer Services
- Phones2Pounds Limited
- Basepoint Business and Innovation Centre
- 110 Butterfield
- Great Marlings
- LU2 8DL
- Email: firstname.lastname@example.org
- Telephone: 01582 439 740
A person who is not party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to ensure any Term that means that only we and you have rights under them. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
Applicable laws require that some information and communications be in writing. When using this website, you accept that communications will be mainly electronic. We will contact you by email or by providing you with information by posting notices on our website. For contact purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide electronically, comply with any requirement that communications be in writing. This does not affect your statutory rights. Please check emails on a regular basis for updates on the sale of your mobile phone/device. We do not accept responsibility for any emails that are not received successfully, where the email address is incorrectly spelt or that are directed or deleted by spam filters.