1. Terms & Conditions of Supply

Please read these terms and conditions carefully before making an order to sell your phone or device. You should understand that by submitting an order, you agree to be bound by these terms and conditions and our terms of use.

You should print and keep a copy of these terms and conditions and the terms of use for future reference.

In confirming your sell order you will need to tick the box indicating that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to place an order to sell your phone on our website.

2. Definitions

“Device” is referred to as any electronic product that we are willing to purchase, this includes, Mobile Phones, MP3 Players and Tablets, this is not an exhausted list

“Phone” is referred to as a device that can make and receive calls

“We, Us, Our” refers to Money For Your Phone Limited

“You, Your” refers to the person, individual or company selling the device to Money For Your Phone Limited

“Working” is a device that is fully functional as per the design of the manufacturer. If it is a phone, it can make and receive a call, compose and receive a text message and the sound is audible. All physical features including buttons, LCD screens, LED’s are intact and functioning as per original specification.

“Non-Working” is a device that cannot be classified as “Working”

“SWAP” is a service provided by Money For Your Phone Limited where by the customer can choose to swap their current device for another device that is available. Any difference in price is to be made up by the relevant party

“Recycling” is the process of selling your phone to Money For Your Phone Limited

“Cooling off Period” is the period between the agreement being formed by placing an order or the start of our services, whichever is sooner

“Consumer, Personal, Individual” is you, the person placing the order or the person you are placing the order on behalf of

“Business, Company” is the organisation you are placing an order on behalf of

For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so, as defined by the Unfair Contract Terms Act 1977.

3. About Us

Money For Your Phone Limited is mobile phone recycling company providing a service to consumers and businesses where by they can receive money for, or swap their phones. The phones/devices are then sold on, broken down or given to charity hence completing the recycling process.

4. Who Can Recycle

Our site is only intended for use by individuals and businesses registered with us and resident in Great Britain and Northern Ireland. At our complete discretion we may accept or reject orders from outside of these territories. We will only accept phones and devices manufactured to operate in the UK. We may at our discretion choose to accept or decline the purchase of devices that are not made to work in the UK.

5. How the Contract is formed

5.1. Your contract with us will be formed when we receive your sell order. It will incorporate these terms and conditions and our terms of use. Please click on the "How It Works" page for more information.

5.2. You must own all rights, title and interests in any device that you send to us. Ownership of the device will only pass to us when we receive the device in accordance with these terms and conditions, this forms the contract.

5.3. The contract between you and us is binding on both parties and on our respective successors and assigns.

5.4. Once we receive the phone and it is outside of the cooling-off period we possess the full entitlement to sell, recycle and process the device.

5.5. 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.

6. Cancelling an Order

6.1. You may cancel the contract with us at any time when we receive the device within the cooling-off period, providing:

6.1.1. The contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter or email); and

6.1.2. The payment has not already been made for the device in full or in part; and/or

6.1.3. We still have physical possession of the device

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 or return delivery charge. Simply, send an email to orders@moneyforyourphone.com with subject ‘cancel order’.

6.2. Cancelling the contract outside of the cooling-off period is possible and is at our complete discretion providing:

6.2.1. The payment has not already been made for the device in full or in part; and/or

6.2.2. We still have physical possession of the device; and

6.2.3. You agree to and pay in full a return delivery charge of £6.00

This contract strictly cannot be cancelled once payment has been issued to you or if we no longer have physical possession of any device.

No Device will be returned unless we send it back due the device failing to meet our terms and conditions, or if a new quote has been rejected and cannot be negotiated further. The Device can only be returned if we still have physical possession of the device.

7. Consumer Orders

Placing an order through our site, you warrant that:

7.1. You are resident in Great Britain or Northern Ireland.

7.2. You are accessing our site from within Great Britain or Northern Ireland.

7.3. You are legally capable of entering into a binding contract.

7.4. You are at least 18 years old.

7.5. If you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your device to us for the sum indicated on our website.

7.6. You are the owner or the device.

7.7. You and your parents or guardians (if under the age of 18) release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty.

7.8. You agree to selling your phone to us at the price at the time the order is placed.

7.9. We may revise the price if the device does not meet our terms and conditions and/or has a fault. We will notify you by means of email using the address you registered with. You will have 3 days to respond after which our new quoted price will become the new price of our contract.

7.10. If we receive the device 14 days after the order is placed we can adjust the price to the price at the time of receipt if the price is lower, this price will become the new price of our contract.

7.11. If the price is greater at the time we receive your device than the price quoted when you placed the order, then the original lower price will remain the price of our contract.

7.12. 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.

7.13. Money For Your Phone Limited has the right to reject any orders received upon discretion without any reasons.

8. Business Orders

If you are recycling on behalf of a business and are selling more than 10 devices you must email orders@moneyforyourphone.com to get approval. Our website is designed for consumers and we have a limit of 10 devices per customer per one complete transcation. You can call us on 0844 887 4001 or email us to get approval.

By placing an order through our site, you warrant that:

8.1. You are authorised to act on behalf of the registered business; and

8.2. You are based in Great Britain or Northern Ireland; and

8.3. You are accessing our site from that country; and

8.4. You are legally capable of entering into a binding contract; and you also agree to the terms of a consumer order

Money For Your Phone Limited has the right to reject any orders received without any reason. Orders are accepted at our complete discretion.

9. Conditions of Sale

9.1. The device must be in working order, must have minimum scratches caused by general wear and tear.

9.2. We accept any accessories however these do not increase the value of your order.

9.3. You are responsible for cancelling any airtime contract linked to each handset.

9.4. We are not responsible for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.

9.5. Please remember that by sending your phone to us, you agree to release us from all and any claims, losses or damages with respect to the phone.

9.6. When placing an order if you are aware of any defect listed in section 12 then you should declare this and place the order as “Non-Working”. If you place an order as “working” despite knowing it is faulty then we will review send you a new quotation.

9.7. The new quotation [9.6] may be of a lesser value than listed on our website under “Non- Working”.

10. Conditions of SWAP (Swapping your phone/device)

If you have chosen to swap your phone for another phone, your order will only be valid once the following conditions have been approved:

10.1. Any additional difference in price you owe us must be paid via BACS, PayPal, Cheque (Money For Your Phone LTD) or over the phone, before the handset you chose to swap your handset for, is sent out to you.

10.2. Phones will only be sent to the address on the account.

10.3. Money For Your Phone Limited has the right to reject a SWAP deal without any reason.

10.4. The handset you have chosen to purchase is in stock.

10.5. The total number of handsets which you can contribute towards the SWAP phone is 10.

10.6. Once you receive the SWAP phone you have a 14 day refund/exchange period.

10.7. The handset you wish to SWAP your handset for will come with NO accessories, box or chargers unless stated on our website at the time of placing you order.

10.8. When choosing to SWAP your handset you can swap it for the following type which you can choose as you create the order:

Grade A Handset – The handset has no major marks or scratches and is in immaculate condition

Grade B Handset – The handset has a couple of light scratches, but overall is in excellent condition

Grade C Handset – The handset has general wear and tear and scratches

By submitting an order to swap your phone through our site you warrant that the phone(s) comply with these terms and the terms in section 7 and 8.

10.9. Devices are not reserved when you place a swap order. Devices are subject to availability at the time of testing.

11. Working Devices

No devices are alike and their evaluations vary which are dependent on the condition. Each device sold should match the make and model in the sale order and meet the following conditions to be classed as a “Working Device”:

11.1. The device must switch on and off

11.2. Mobile Phones must make and receive phone calls

11.3. The device must not have any security or pin codes

11.4. The device must be complete with all batteries, covers and bodywork

11.5. The integral body work should have no cracked, missing plastics / metal and there should be no missing buttons

11.6. The body work should not be “hanging off” the main body of the device in any way

11.7. The LCD must be working and power up correctly and fully beyond the network 'Welcome Note'

11.8. The screen must be intact with no cracks

11.9. The device must not have any major wear and tear or major scratches

11.10. The LCD must have no lines or missing pixels

11.11. The device should not have liquid damage

11.12. A white screen does not constitute a working device

11.13. If the device has a touch screen the touch screen must be fully functional

11.14. The battery should be included and hold charge

11.15. The device must have no faults to be paid the "Working Price"

11.16. Apple iPhones must be of UK origin and not have been “jailbroken” or unlocked and have no pin codes

11.17. The back housing must be intact and not cracked

11.18. The mobile phone must not be registered as lost, stolen or barred (for any reason including non-payment) on any worldwide network, phones will be checked by www.checkmend.com/uk

12. Non-Working Devices

A “Non-Working” device is one that meets any one or more of the below criteria:

12.1. Is Snapped or broken in two parts

12.2. Is crushed in anyway

12.3. Does not power on

12.4. Is water damaged

12.5. Contains water contamination but still works

12.6. Any water indicator have been triggered

12.7. Has a broken LCD

12.8. Has broken or cracked housing

12.9. Doesn’t charge

12.10. Doesn’t restore

12.11. Software crashes or hangs when turned on

12.12. Volume, mute, home, on, off, call, keypad and any other buttons do not work

12.13. Doesn’t vibrate

12.14. If the device is found to be defective or doesn’t operate as manufactured to then this is “Non-Working

12.15. The Mobile phone must not be registered as lost, stolen or barred (for any reason including non- payment) on any worldwide network, phones will be checked by www.checkmend.com/uk

13. Testing

All devices are tested in full for any defects. We will check the device against the criteria set out in section 11 and 12.

13.1. If the device meets any of the criteria detailed in section 12 then you will receive a revised unless the device was sent in as “Non-Working”.

13.2. If the device contains significant wear and tear you will receive a revised price.

13.3. Testing for wear and tear is subjective to the testing staff and can vary from each individual however we run regular training and aim to make the testing process as uniform as possible.

13.4. All data on the actual device excluding memory cards will be removed, we accept no liability if this data viewed or accessed during any stage of us holding your device though we try to take due care where possible to limit this.

13.5. Tests are carried out prior to payment and are the condition of any payment.

13.6. We may decide to carry out additional tests and checks if we require.

14. Data Removal and SIM Cards

14.1. Please remove SIM cards before sending us your devices. Any SIM cards received by us will be destroyed and cannot be returned.

14.2. We accept no liability in the event that any device that has been sent with its SIM card is lost and charges are then incurred. You shall continue to be responsible for such charges.

14.3. We are not responsible for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.

14.4. 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") will be deleted.

14.5. We accept no liability for any data on memory cards. Memory cards cannot be returned once we receive your device.

14.6. 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 prior to you sending it to us.

15. Lost, Stolen, Barred or Blocked Devices

15.1. We work with 'Immobilise', a crime protection database that blocks stolen mobile phones and so we check received units via CheckMEND to ensure that the phones that are sent to us are not reported stolen. We do this prior to confirming purchase. However, in the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we so request.

15.2. If you or any previous owner has blocked the phone with a UK network, made an insurance claim or reported the item stolen then it will fail our due diligence process. If you or any previous owner made any of these reports then you need to speak to the relevant party and ask them to contact CheckMEND.com and ask them to update their information.

15.3. If you or a previous user blocked the phone with a UK network you or they can call the network and ask them to unblock it and this information will automatically be passed to CheckMEND usually within 48 hours.

15.4. Payment will not be made for any devices that fail our due diligence and are found to be lost, stolen, barred or blocked.

15.5. The value of any device found to be barred will be changed to £0.00 without notice.

15.6. We only hold phones that fail due diligence for 28 days after which time they are disposed of if they have not been claimed by the legal owner. If you feel the information held by CheckMEND is incorrect please email CheckMEND at support@checkmend.com with all the details including the IMEI number and they will assist you. Please note CheckMEND will only correspond via email.

15.7. All Apple devices are restored using the official Apple iTunes software. All data is removed and the device will be restored to factory settings. Should the device fail to restore, it will be classed as a non-working device.

16. Postage and Freepost

We will send out a freepost envelope if requested, which does not insure the value of the items, we therefore recommend that you send any high value handsets via recorded and insured post to ensure successful delivery. If you claim that the order has been posted, but we do not receive it, we will request you to provide proof of delivery via signature or online tracking. If you do not receive your freepost envelope you can request another one by contacting us via email or phone.

Registered deliveries should be sent to us at moneyforyourphone.com headquarters:

MFYP, Regal House, Miall Street, Rochdale, OL11 1HY

We accept no liability of loss or damage to devices before we receive them. All devices are sent at the risk of the sender. We therefore recommend sending your devices via Royal Mail Special Delivery at your own cost.

We advise you package the devices securely to reduce the risk of damage.

If your phone is not received by us we will advise you to contact the courier. If you sent it to us via Royal Mail Special Delivery we will advise you to make a claim through their service, we do not guarantee this to be successful.

17. Returns

If you request your phone back within the cooling-off period, we will be happy to return the phone back to you free of charge. Please note that the cooling off period is the period between us receiving and testing the phone.

If you request the phone to be sent back to you outside of this period, it may not be possible. If the device has been paid for or we no longer have physical possession then we will not send the device back. Please see section 6.2. If we still have physical possession of the device and have not paid you for this, we will send the device back to you at our discretion subject to an administration and postage charge of £6.00.

If your device is being returned to you, we will send this to you via Royal Mail, using the Second Class Recorded Delivery service. We will provide you with a tracking number. We accept no liability if this is lost in transit. If Royal Mail cannot deliver then we will request it to be tried again, after the second attempt the item will be returned to us. If it is returned to us we will contact you via the email address you registered with. If we do not get a response from you within 7 days, we will pay the lower re-quoted value, it will be retained and treated as our property.

We do not guarantee any data will be on the device when it sent back to you. The condition and operation of the device is not guaranteed to be the same when we send it back.

Any accessories, memory cards, chargers, cables and boxes will not be returned. We will not re- reimburse you for any postage costs if you request your device back or we choose to send it back to you.

18. Incorrect Device

Each device is tested for compliance with our terms and conditions see section 11 and 12.

As phones 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 e-mail a value for the actual phone, confirming the model. You can choose to continue the sale for the revised value or reject it. If so, we will return the device, the sale will not progress and our agreement will terminate. To accept or

reject a revised value, log on to your account where you will be given the revised value and be asked to either proceed or reject the revised value. If you do not respond within 3 (three) days, starting on the day on which we e-mail the revised value, we will automatically process your sale after that time, using the new price. We will send an SMS text reminder on the second day to the mobile number which you provided during registration, in order to remind you again. If you have queries about how models are identified, contact customer services (details below).

19. Pricing

Prices offered on our website are subject to change at any time without notice.

When your order has been placed, the price quoted is guaranteed for 14 days from the 'Order Created’ date. If your device is received after 14 days from the 'Order Created’ date, the up-dated, current prices will apply if it is lower. If the price is greater at this time you will still get the lower, original price. The prices quoted are subject to revision detailed in section 20.

20. Revised Price

Most devices we receive comply with the terms and conditions and you will receive the amount quoted upon the initial order. However, sometimes we find devices which are in poor cosmetic condition with significant wear and tear. Such devices may receive a new quote. If you reject the quote, it may be negotiable or rejected. If it is rejected, it will be sent back to you free of charge.

Please see sections; 11, 12 and 13 for details of devices that may be re-quoted.

By submitting an order through our website you warrant that the device complies with these terms. If a device fails to meet our terms and conditions we will propose a new price by email. If you choose to decline our new offer, we are happy to return the phone. A delivery charge could be applicable. We have the final decision on all phone values.

If the revised offer is declined and you request the device to be returned, this will formalise the termination of our contract. This is only applicable to the individual device.

Devices with engravings or permanent markings will get receive a revised quote.

21. Payments

21.1. When we have received and tested your device, we will check that it is complete, and that it meets our terms and conditions. Providing it does, we will send payment to you via your chosen payment method of BACS or PayPal on the 10th working day from the date we receive your device. All public holidays are classed as non-working days.

21.2. Once payment has left our account it may take up to 3 working days for it to clear into your account, depending on who you bank with. With some banks, payments clear instantly. Others can take up to 3 working days. This is strictly out of our control.

21.3. Payments cannot be escalated.

21.4. If a payment bounces because you provided the incorrect payment details, we will contact you.

21.5. We accept no liability for any delays in your payment due to incorrect details.

21.6. Once you provide us with the correct details, we will try your payment again.

21.7. If payment is successfully made to an incorrect bank account provided by you by mistyping or for any other reason, we will not make another payment until the original funds are returned and cleared in our account.

21.8. Payments will only be made to the name and address provided on your account.

21.9. We will not be liable or responsible for any failure to perform, or delay in performance, or 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.

21.10. We accept no liability for any fees incurred by third parties including your bank and Paypal for receiving a payment.

22. General

22.1. Ownership of the device will pass to us once we have made payment however nothing will prevent us from dealing with the device, we are at right to sell, recycle, scrap or dispose of any devices at our will prior to any payment being made.

22.2. We are not responsible for errors made whilst creating an order and entering details online or over the phone.

22.3. We have no responsibility to you if we fail to purchase the device from you.

22.4. We have no responsibility to you if we fail to comply with our obligation as such in these terms and conditions.

22.5. We are not liable for any costs you may incur as a result of any circumstances beyond our reasonable control including, Fire, Theft, Terrorism, Flood or any act of God.

22.6. This agreement is binding between us and you or the company you represent.

22.7. This agreement cannot be transferred.

22.8. You may not assign your rights or obligations to anyone else without or express permission.

22.9. We may transfer or assign our rights and obligations under this agreement and we may appoint any third parties to aid and assist us to fulfil our obligations.

22.10. If any terms are found to be void by any professional body or competent authorities, all other terms will remain valid.

22.11. We reserve the right and entitlement to change our business procedures, practices, terms and conditions, standards and policies at any time without notice. This makes it easier for us to adhere to and comply with changes in industry standards and guidelines.

22.12. If either party (us or you) does not act on any right within these terms and conditions, then it will not affect the rights of either party to enforce our rights at a later stage. If either party decides not to rely on a right we have, it will not affect any of the other rights we or you have. These terms and conditions 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.

22.13. Device value changes are deemed as a change to the agreement for which either the original or new value will become the value of our agreement.

22.14. Changes to our terms and conditions become valid immediately after the changes are posted on our website.

22.15. Any person using our website or placing an order will be deemed to be in acceptance of these terms and conditions.

22.16. Where an order already exists, which we have agreed to and accepted, then the terms and conditions of our agreement will be those at the time of placing the order. We advise you to print and maintain a copy of these terms at the point of sale or purchase.

22.17. Once any transaction, sale or purchase comes to an end, it will be the immediate end of our agreement.

22.18. Any terms and clauses regarding data, SIM cards, stolen phones and any other terms relative to the purchase of the device or personal data and all exclusions of our liability. In addition any provisions that may effect our agreement will continue to apply.

22.19. These terms and conditions and our privacy policy form the agreement and understanding between us and you. They will always supersede and replace any prior or other agreement, written or verbal.

22.20. Us and you agree and acknowledge that by entering in to this agreement neither party relies on any representation, promise or by anything implied from anything said or written other than these terms and conditions.

22.21. Details entered by you on our site and about your device, will be kept on our records.

22.22. Nothing in our terms and conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited.

22.23. Any rights granted to you by law or that which the law does not allow us to change or limit are not changed or limited.

22.24. Any correspondence or notices you send to us will be deemed delivered if delivered by hand on the day it is left with us or if sent to us via email to the correct address.

22.25. Any person who is not party to our agreement and terms and conditions shall have no right under the contract (Rights of Third Parties) Act 1999 to enforce any terms which 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.

22.26. When using this website, you accept that communications will mainly be in electronic form. Some applicable laws require certain information and communications to be in writing.

22.27. We will contact you by electronic mail, Telephone, SMS or by notifications on our website

22.28. For the purpose of our agreement and contract, you agree to this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we provide electronically, comply with any requirement that communications be in writing. This does not affect your statutory rights. We advise you check emails regularly and respond to any emails or calls where a response is requested.

22.29. We do not accept responsibility for any emails which are not received successfully by you or us where the email address is incorrectly spelt or that are redirected or deleted by spam filters.

22.30. All content, images, text, terms and conditions, addresses, details, links, pages are the copyright of Money For Your Phone Limited. You do not have the permission or right to use any content from our website. This is not an exhausted list.

23. Same Day Payments

23.1. Same day payments will not be made if the phone is sent in as working but is faulty or barred.

23.2. Same day payments apply to the day the phone is tested and not the day it is received.

23.3. Same day payments do not apply to orders received on weekends or public holidays.

23.4. Same day payments will be sent from us on the day we state, we accept no responsibility for

any delays caused by third parties including banks.

23.5. Same day payments apply to orders where they are tested before 4:30PM on a working day. Any order tested after this period

will be paid on the next working day.

23.6. We do not accept any responsibility of payments are delayed due to the user providing incorrect details.

24. Complaints Procedure

We aim to provide the highest level of customer service and care when dealing with you. We always strive to better our service and this helps us offer you better prices. If for any reason you are not fully satisfied then you have the right to complain. We have a complaints procedure, you can write in to us at: MFYP Customer Complaints, Regal House, MiaII Street, Rochdale, OLll lHY.