Terms And Conditions

Legal Statement

Legal Statement RecycaFone Ltd, PO Box 10668, Harlow, CM20 9HD. All rights reserved. Any person authorised is hereby at liberty to view, copy, print and distribute this document subject to the following conditions:-

1. This document may be used for informational purposes only.
2. The document may only be used for non-commercial purposes.
3. Any copy of this document or portion thereof must include this copyright notice.

Note that any product, process or technology described in the document may be the subject of other Intellectual Property rights owned by [RecycaFone Ltd] and are not licensed hereunder.

This publication is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranty as to the satisfactory quality (and/or merchantability), fitness for a particular purpose or non-infringement we do not warrant that materials either product, process, technology or content described, listed, posted or mentioned within this website will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.

This publication may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the publication. RecycaFone Ltd may make improvements and/or changes in the product(s), program(s), processes, price(s) and the terms and conditions and privacy policy described in this publication at any time, and we reserve the right to do so without prior notice. It is therefore important that every time you make a transaction within this website whether that be by downloading any material, posting any comments, or making a sale of your mobile phone(s) to us; you should read this publication and especially the Terms and Conditions outlined below before hand.

Terms and Conditions

By using this site and its services, you agree to be bound by these terms of use. IF you do not agree to these terms of use do not use this site. You must read these Terms and Conditions prior to using this site.

This Agreement is between you and RecycaFone Limited and governs your use of RecycaFone.com. Please note that we do not store a copy of this Agreement against your name.

RecycaFone.com is being developed continuously and as a result we may need to change some of the provisions of this Agreement from time to time. RecycaFone Ltd reserves the right to change these terms and conditions and this assignment without prior notice.

Definitions

“This Website” means RecycaFone.com

and

"we" means RecycaFone Limited, and us and our have corresponding meanings.

Term of Agreement

1. Commencement date is as soon as a sale of a mobile phone order is made by you to RecycaFone Ltd using the RecycaFone.com website.

Hardware

2. For the avoidance of doubt, we are not responsible for the functionality or performance of the hardware you use to access or use RecycaFone.com and will not supply, maintain or support such hardware.

Your information

3. All intellectual property rights in RecycaFone.com belong to RecycaFone Ltd. All rights are reserved.

4. We will keep a record of the information you provide us by way of registration or comments, and your mobile phone trade activity whilst you use RecycaFone.com. We may use this information for statistical analysis and marketing activities. No Bank Details are stored and will be removed from our database as soon as the BACS transfer is performed.

RecycaFone Ltd monitors user activity on the recycafone.com website and uses this to constantly enhance our services we provide to you. We reserve the right to use this information for statistical analysis and/or marketing activities.

Cancellations

5. We may terminate this Agreement immediately by notifying you in writing (including by email) if:

a. the phone you sell to us and we receive is found to be stolen (if the phone powers up and is either barred or blocked it will be classified as stolen by us). The phone will not be returned to you, but will be recycled in line with our processes and your details will be forwarded to the relevant authorities. RecycaFone Ltd does not accept stolen phones and will not offer any payment for phones that are stolen

b. you commit any other material breach of this Agreement.

Without limiting clause 5, we may suspend your RecycaFone Account for an indefinite time period if we believe any of the events in clauses 5(a) or 5(b) may have occurred, until it has been proven that any of the events in clauses 5(a) or 5(b) have not occurred in, which case you account will be set to function as normal.

6. We may, at our sole discretion, cancel a mobile phone order sale at any time, in which case we will send you a notice (including by email) and resend your phone back to you. If any of the clauses in 5(a) and 5(b) have not occurred, you will not suffer any costs associated with a calculation of clause 5 including posting costs.

7. You may cancel your mobile phone sale order to us at any time before the mobile phone has reached us. You can do this by writing to us at the following email cancellations@recycafone.com or by sending a letter to RecycaFone Ltd, Cancellations department, PO Box 10668, Harlow, CM20 9HD . You will however incur postage fees and a cancellation fee. The postage and cancellation fee must be paid to RecycaFone Ltd we will inform you at that point how to make payment, until the postage fee and cancellation fee has been paid to RecycaFone Ltd we have the right to hold onto your mobile phone(s). After postage fees and cancellation fees have be paid by you to RecycaFone Ltd your mobile phone(s) will be posted back to you.

Security

8. You are responsible for the security of the customer username and password that allow you to access RecycaFone.com. Unless we have negligently disclosed your password to a third party, we will not be liable in relation to any unauthorised transaction entered into using RecycaFone.com under your username and password.

Indemnity

9. No liability of RecycaFone Limited for certain damages. To the maximum extent permitted by applicable law, RecycaFone Limited shall have no liability for any indirect, special, consequential or incidental damages arising from or in connection with the use or performance of our website RecycaFone.com or any of our processes. This limitation will apply even if any remedy fails of its essential purpose. In no event shall RecycaFone Limited's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount owed by us to you for the worth of your mobile phone(s) sale order. By using the RecycaFone.com website, you accept these terms and conditions. If you do not accept them, do not use the RecycaFone.com website.

Exclusion of liability

10. To the extent permitted by law, and except as expressly set out in this Agreement, we exclude all representations, warranties, guarantees and conditions relating to RecycaFone.com, including any terms that would otherwise be implied under sections 2, 3, 4, 5, 13, 14 and 15 of the Supply of Goods and Services Act 1982.

11. To the extent permitted by law, and except as expressly set out in this
Agreement:

a. our total liability to you for any breach or breaches by us, whether connected or not, of any express term or terms of this Agreement, or any implied term or terms of this Agreement that are not excluded by clause 10 (including to the extent the exclusion in clause 10 is ineffective or invalid), is limited to the amount owed to you by way of your mobile phone(s) sale order you have made to RecycaFone Ltd; and

b. we exclude all other liability to you arising out of or in connection with your use of RecycaFone.com and for any adverse effect RecycaFone.com may have on your hardware or software. To the extent this exclusion is ineffective or invalid; the total of such liability is limited to the amount owed to you by way of your mobile phone(s) sale order you have made to RecycaFone Ltd.

12. Notwithstanding clause 11, to the extent permitted by law we exclude all liability to you for any loss of business, goodwill, data, opportunity or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or we were advised of the possibility of such loss) and any consequential, indirect or incidental damages.

Data 13. RecycaFone Ltd does not accept any liability to the consequence of data loss, theft, misuse and any other events that occurs as a result of your data held on the mobile phone(s) you send us. You are responsible for 13(a), 13(b), and 13(c) and this is why you must make sure you do the following before you send your phone to us: a. Cancel all and any airtime that is associated to every handset(s) that you are sending to RecycaFone Ltd. RecycaFone Ltd will not accept liability for any costs of airtime at any time, whether that be before, after, or once you mobile phone(s) have been received by us b. RecycaFone does not accept liability of SIM cards, which is why you must make sure you remove any SIM cards from your mobile phone(s) before you send them to us. SIM cards that have been sent with the mobile phone(s) you send us cannot be returned and will be disposed by appropriate means. You are responsible for any loses, charges, or misuses of the contents of any SIM cards and will not hold RecycaFone Ltd responsible for any consequence arising from SIM cards that are sent to us whether we receive them or not. c. You are responsible for the deletion of all data held on mobile phone(s) that are sent to us and/or SIM cards that are sent to us and/or memory cards that are sent to us. RecycaFone Ltd will not accept liability and you agree in full to release RecycaFone Ltd from any claims made from the loses or damages to any phone(s), any and all data or any other media forms with mobile phone(s) you send us. You are responsible for the security and appropriate deletion of all forms of data from any phone(s) sent to us and should take appropriate means to make sure this data is deleted and/or secured.

14. Nothing in this Agreement excludes or limits:

a. our liability to you for any death or personal injury resulting from our

b. negligence;

c. our liability to you for fraudulent misrepresentation; or

d. any of your other statutory rights that cannot be excluded or limited.

Freepost

The freepost address only covers the geographic region of Great Britain and Ireland, and should not be used by any person(s) outside this geographic region. When a mobile phone sale order is placed it should be placed from within the geographic region of Great Britain and Ireland. RecycaFone Ltd reserves the right to reject and cancel at out sole discretion any sale order for any reason including for any reasons based on location and geographic region that mobile phone(s) are being sent from. If a cancellation is made by RecycaFone Ltd for any sale of mobile phone(s) within the geographic region of Great Britain and Ireland for any reason (excluding clauses 5, 5(a), 5(b), 6, and 7) RecycaFone Ltd will re-send the mobile phone(s) back to the sender free of charge and no postal fees will be incurred by the sender.

If however mobile phone(s) are sent to RecycaFone Ltd from outside the geographic region of Great Britain and Ireland RecycaFone Ltd will cancel the order and any costs incurred by RecycaFone Ltd as a result of you sending phone(s) to RecycaFone Ltd using the freepost address will be deducted from the payment you are owed by us along with any administration fees. If the costs incurred by RecycaFone Ltd are greater than the worth of your mobile phone(s) we will send you an invoice for payment, and you phone(s) will not be returned and any payments owed to you will be withheld by RecycaFone Ltd until all charges you owe us are paid to RecycaFone Ltd in full. If you refuse payment to us we will take appropriate legal actions upon you to recover the monies associated with any mobile phone(s) being sent to us by you using the freepost address that results in RecycaFone Ltd being charged for the fees of such an order, which is outside the geographic region of Great Britain and Ireland.

On rare circumstances that RecycaFone Ltd accepts an order of a sale of mobile phone(s) from outside the geographic region of Great Britain and Ireland (and we reserve the right to accept such orders at our sole discretion) you will pay the postage and packaging fees and all other costs associated with you sending your phone(s) to us, At no point will RecycaFone Ltd accept liability for costs arising from sending any phone(s) to us from outside the geographic region of Great Britain and Ireland.

Lastly the Freepost address that any mobile phone(s) should be sent to that are within the geographic region of Great Britain and Ireland is Freepost RecycaFone

RecycaFone Ltd does not accept liability for any lost, stolen, or damaged handsets and accessories sent through the freepost address or any other address and also by using the courier service. This is why if your mobile phone(s) are worth a considerable amount you should send your mobile phones using special delivery to our head office address RecycaFone Ltd, PO Box 10668, Harlow, CM20 9HD. Any costs resulting from you sending phone(s) to our head office address will be paid by you, and RecycaFone Ltd will not accept liability for any costs that result from phone(s) being sent to the head office address, this includes the costs of using a special deliver service or any other service to send phone(s) to the head office address.

Mobile Phones

Below are the terms and conditions that reflect the price offered by RecycaFone Ltd for all mobile phones. Please make sure that all phones sent to us are correctly assigned the appropriate working, non working or BER condition status when making your order. RecycaFone Ltd reserved the right to offer an alternative price to the one specified on the website at the time even once the order was made by you. If we decide that the condition of the mobile phone is other than what was specified on the website at the time of making the order then we will update the price and send you the new quote by contacting you (including by email).

Every mobile phone(s) sent to us will be priced according to the following 3 categories. You must make sure you read the below terms to make sure you assign the correct condition to your phone(s). Failure to do so will reflect the price we offer you for your mobile phone(s).

Please consider the list below to identify, which grade your mobile phone qualifies as. If 1 of the bullet points below is valid for any of your phones. Then it will fall into that grade.

Please adhere closely to these bullet points below; otherwise your phone may be re-graded when the RecycaFone team tests your phone(s) that arrive to us and a reduced or no payment may be offered.

Working

Full payment will be offered for a phone classified as ‘working’. RecycaFone Ltd will categories each phone that is sent to us and have the right to change the phone category to a different one than the one you specify on the website when making the order. We will always contact you (including by email) of a price change to the one you was quoted on the website if your phone is re-categorised by us

The Phone will power on and off
The phones battery is included
The phone is not damaged due to water
The phone is not severely scratched
The phone is not crushed
The phone is 100% functional and fully working

Non Working

A reduced payment will be offered for a phone classified as ‘non working’. RecycaFone Ltd will categories each phone that is sent to us and have the right to change a phone category to a different one than the one you specified on the website when making the order. We will always contact you (including by email) of a price change to the one you was quoted on the website if your phone is re-categorised by us

The phone will not power on
The phone (including casing, battery cover, casing, SIM gate, memory card holder, keypad, aerial) is damaged or missing
Any part of the handset is missing, i.e. handset back and/or battery cover missing or broken
The operating system is either missing or corrupt
No Battery included
The phone is pin locked
Any of the casing (including, battery cover, SIM gate, memory card holder, keypad, aerial) is missing

BER (Beyond Economic Repair) or Recycle

Phones that do not meet the terms and conditions above (working and non working) will not qualify for a payment. RecycaFone Ltd will therefore not offer any payment for a BER classified phone, however we still encourage the recycling of mobile phones and RecycaFone Ltd will recycle these phone in accordance with the WEEE directive free of charge, so please send in all phones that qualify as BER and RecycaFone Ltd will recycle these free without any costs being incurred by you.

Phones that qualify as BER also include:

Phones reported as stolen
Logged on any mobile phone blacklist register
The phone is in more than one piece
Any part of the phone is water damaged
The phone is physically broken
Any hinge is broken, cracked, and/or snapped
The SIM card is stuck
The memory card is stuck
Unable to charge due to damaged charging port on the phone
Barred by any network
The IMEI number is found to be re-programmed
For phones that are touch screen, then it will be classified BER also if the touch screen does not respond or work correctly
The phone is unable to function correctly or at all due to broken or damaged battery terminals
The LCD is damaged, cracked, has holes within it, it is bleeding and/or is missing or damaged

Please note that if a phone is logged with any IMEI blacklist register, or is barred by a network then RecycaFone will automatically grade this to BER and will recycle this phone in accordance with the WEEE directive. You will not receive any payments for such phones, and they will not be returned to you.

The above lists are non-exhaustive and RecycaFone Ltd reserves the right to re-categories any phone(s) to a different category other than the one you specified on the website when making the order. We will always inform you of a re-categorisation, but RecycaFone Ltd is not bound by you, to offer you the full payment; if we deem the phone to fit a different category. We will always proceed with the processing of the order when a re-categorisation is made ONLY when we receive your approval of the new price quoted. If we do not receive your approval within 28 days of us contacting you (including by email) of us re-categorising your phone we will re-use or recycle the phone and no payment will be offered to you. You can always reject the new price offered by us to you when a re-categorisation is made by us to your phone(s) and RecycaFone Ltd are happy to send your phone back to you, however RecycaFone Ltd will not incur any charges as a result of sending your phone(s) back after a rejection of a re-categorisation has occurred and you will have to pay the costs of postage. RecycaFone Ltd also reserves the right to charge an administration fee for phones that are sent back when a rejection has occurred by you for a re-categorisation.

If due to some reason RecycaFone Ltd makes an error with a pricing specified on the website, we have the right to withdraw the contract and will not be held liable for payments of mistaken prices.

Prices on the website are valid for 14 days of you making the order to send the phone(s) to us. After this 14 day period has expired and we still have not received your phone(s) RecycaFone Ltd reserves the right to change the prices quoted to you for you phone(s) according to the current prices valid at that period in time.

Payments

Below are the payment types; you will have selected the payment type when making the order, and payment types cannot be changed.

a. BACS transfer will be made within 3 working days of us processing your mobile phone(s)

b. Cheque payments will be made within 7 working days of us processing your mobile phone(s) order. Cheques can only by made payable to the person named in the registration process and the address specified in the registration details. For cancelling an order after a cheque has been sent to you please send us a written letter to RecycaFone Ltd, PO Box 10668, Harlow, CM20 9HD or send an email to Cancellations@recycafone.com quoting the order number. We will then give you instructions of how to cancel an order in this case. Failure to meet the instructions set out by us at that time will mean that we are not able to cancel orders.

RecycaFone Ltd will not be held liable due to third party delays which cause your payment to be delayed. RecycaFone Ltd also will not be held liable for any late payments due to our own systems or processes. The above mentioned time frame of payments in clause x(a) and x(b) are only our best practices, and is not part of any English Law. General

X. If any provision of this Agreement is unlawful or otherwise invalid, such provision will be struck out of this Agreement and the remainder of this Agreement will apply as if the offending part had never been agreed. Neither party may transfer any of its rights or obligations under this Agreement without the other party’s prior written consent, provided that we may transfer any of our rights or obligations under this Agreement to another company in our group (as defined in section 258 of the Companies Act 1985) without your consent.

X. We may change this Agreement at any time, and reserve the right to do so, it is therefore your responsibility to read these terms and conditions each time you make an order to sell your mobile phone(s) to us. You cannot sell your mobile phone(s) to us if you have not agreed to these terms and conditions when making the order by selecting the appropriate box that specifies that you have read, understood and agreed to the terms and conditions specified within this agreement.

X. This Agreement is the entire agreement between you and us for your use of RecycaFone.com and RecycaFone Ltd to make a sale of your phone(s) to us and supersedes all prior agreements, representations and understandings, written or oral. Each party acknowledges that it has not been induced to enter into this Agreement by reason of any representation made by or on behalf of the other party.

X. You must be 18 or over to use RecycaFone.com to sell your mobile phone(s) to us or you must have the consent of a parent or guardian before making a sale of mobile phone(s) to us. If you are not 18 or over and do not have consent of a parent or guardian to sell your mobile phone(s) to us then you are not authorised to sell your phone(s) using RecycaFone.com and are not authorised to sell your mobile phone(s) to RecycaFone Ltd

X. These terms and conditions are governed by and will be construed in accordance with English law. Each party submits to the exclusive jurisdiction of the English Courts.

SITE LINKS

The materials that can be accessed from linked sites are not maintained by us and we are not responsible for their contents. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by RecycaFone Ltd and you assume all risk with respect to its use.

LIABILITY

Under no circumstances shall RecycaFone Ltd, nor our affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.

USE

You may agree to use this site for lawful purposes only. You may download one copy of the information found on this site on a single computer for personal, non-commercial use only. You shall not copy, use, modify, transmit, distribute reverse engineer, or in anyway exploit copyrighted or proprietary materials available on this site, except as expressly permitted by the respective owner(s). Use of any software available for download from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use is strictly prohibited.

INDEMNITY

You agree to defend, indemnify, and hold RecycaFone Ltd and its affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this site.

GOVERNING LAW AND JURISDICTION

The terms and use of this site shall be governed in accordance by the Laws of England and shall be subject to the non exclusive jurisdiction of the English Courts. RecycaFone Ltd reserves the right to add, delete, modify these Terms and Conditions at any time without any prior notice.

COPYRIGHT, TRADEMARKS AND REGISTERED TRADEMARKS AND SERVICE MARKS

Are protected worldwide by copyright laws and treaty provisions. No logo, graphic, text, sound or image from this web site may be copied, reproduced, modified, published, unloaded, posted, transmitted, or distributed in any way without RecycaFone Ltd prior written permission, except as is expressly provide herein. RecycaFone Ltd does not grant any expressed or implied right to you under any patent, copyright, trademark, service mark or trade secret information.

REGISTRATION

RecycaFone Limited, Registered in England & Wales under company number 6914323, and whose registered office is at 10-12 Mulberry Green, Old Harlow, Essex, CM17 0ET