Trade-in Terms and Conditions
These are the terms and conditions which apply to the Trade-in Programme (the “Terms”).
Any person participating in the Trade-in Programme (hereinafter referred to as “you”) will be contracting with Alchemy Telco Solutions UK Ltd, trading as Loop-Mobile, incorporated and registered in England & Wales with company number 09689100, whose registered office is at Unit 16 & 17, Evolution, Hooters Hall Road, Newcastle Under Lyme, Staffordshire, United Kingdom, ST5 9QF (hereinafter referred to as “we”, “us” or “Loop-Mobile”).
References to “Party” or “Parties” shall be construed as references to parties to the Contract.
We recommend that you read these Terms carefully before submitting your purchase order for New Device(s) on the Website. We also recommend that you save a copy of these Terms for future reference. On the check-out page, you will need to tick a box indicating that you accept the Terms. If you do not accept these Terms, you will not be able to place a purchase order on the Website.
Below is a summary of the key points you need to know:
Definitions and Interpretation
- It is your responsibility to remove any SIM cards, memory cards or SSD cards from your Trade-in Device and delete all personal information present on the Trade-in Device.
- We will not be liable for loss of any data (personal or otherwise) or other information contained on the Device and you agree that it is not recoverable.
- You are aware you will lose all content including contact numbers stored on the Trade-in Device and we are not liable for any costs or damages you may incur as a result.
- You must be at least 18 years old or have the permission of your parent or guardian to send, and sell, us your Device.
- You must be a resident in Great Britain or Northern Ireland and accessing the Website from such regions to use the Website and to send, and sell, us your Trade-in Device.
- You must own all rights, title and interests in any Trade-in Device you wish to sell to us, and you agree to transfer these rights to us.
- You are responsible for cancelling any airtime or cellular service contract linked to the Trade-in Device. We are not responsible for any costs arising as a result of such contracts before or after receipt of their Trade-in Device.
- We reserve the right to refuse a transaction at our discretion. This may include, but is not limited to, if a Trade-in Device is stolen or, in our sole opinion, is too badly damaged.
HOW THE TRADE-IN PROGRAMME WORKS
“Buy Flow” means the series of steps of the purchase process for a New Device on the Website;
“Contract” means the contract entered into between you and us in accordance with clause 9.3, which also incorporates these Terms;
“Credit” means an amount you receive from us to offset the price you paid for the New Device;
“Device Accessories” means accessories for use in conjunction with a device, including but not limited to chargers, cables and protective cases;
“Fake Devices” means devices that are manufactured to resemble products made by another company and are in breach of that company’s Intellectual Property Rights;
“Force Majeure Event” means any circumstance not within a Party's reasonable control including: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire, explosion or accident; (g) interruption or failure of utility service but excluding any labour or trade dispute, strikes, industrial action or lockouts;
“Gift Card” means the electronic gift card issued to you via email by Loop-Mobile, if a New Device subject to the Trade-in Programme is returned and we have received the Trade-in Device – the terms and conditions of which are set out in clause 8.6;
“Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Lost, Blocked or Stolen Devices” means devices that have been reported as either lost, blocked or stolen in any of the stolen asset registers maintained by CheckMEND at http://www.checkmend.com, which is operated by Recipero Limited;
“New Device” means any device purchased on the Website;
“Trade-in Device” means the device which you hand in or send to Loop-Mobile, the product category, product line and manufacturer of which correspond with those of the New Device. For the avoidance of doubt, the model of the Trade-In Device must be older than that of the New Device;
“Trade-in Programme” means the programme run by Loop-Mobile under which you purchase a New Device and offer to sell your Trade-in Device to Loop-Mobile in exchange for Credit; and
“Website” means loop-mobile.co.uk.
TRADE-IN DEVICE CONDITION
- When placing an order on the Website for a New Device, you will be given an option within the Buy Flow to participate in the Trade-in Programme.
If you choose to participate in the Trade-in Programme, you warrant that you will accurately describe the condition of your Trade-in Device so that we are able to provide an initial quotation before we are in receipt of, and able to inspect, the Trade-in Device (the “Quotation”).
- For the avoidance of doubt, trade-ins under the Trade-in Programme will only occur within the Buy Flow.
- To be eligible for the Trade-in Programme, any Trade-in Device must be in ‘full working order’.
- For your Trade-in Device to be considered in ‘full working order’, it must adhere to the specifications set out in clause 3.1 below.
- We do not accept any Apple products that have an activation lock via an iCloud account.
- In cases where the Trade-in Device is a laptop, the original accompanying charger is required as part of the trade-in.
- Subject to clause 2.7, while we do generally accept Device Accessories, they will not be factored into the valuation of your Trade-in Device.
The New Device and a trade-in kit for the Trade-in Device (the “Trade-in Kit”) will be delivered to you – these may arrive separately. The Trade-in Kit is comprised of a box, a pre-paid postage label and a set of instructions.
- Upon receipt of your Trade-in Device, we will carry out an inspection (as set out in clause 5.1). Any incorrect or inaccurate descriptions of the Trade-in Device may result in us re-evaluating our Quotation to produce a Revised Quotation (as defined in clause 5.4).
Trade-in Devices must arrive at our warehouse within fourteen (14) days of the date of the Quotation. If they arrive later, and subject to clause 5.3 and clause 5.4, we will apply, to the original payment method used to purchase the New Device, a Credit equal to the lower of: (a) the Quotation; or (b) the price payable for a device of equivalent model and condition as your Trade-in Device on the Website on the day the Trade-in Device arrives at our warehouse (“Our Prevailing Price”). The value of the Credit you receive in accordance with this clause 2.11 will be communicated to you via email.
LOST, Blocked or stolen AND FAKE DEVICES
- For your Trade-in Device to be considered in ‘full working order’, it must satisfy the following:
- The Trade-in Device must be complete with no missing, damaged, or cracked parts (e.g. a stylus should be included if the Trade-in Device was originally supplied with one);
- The Trade-in Device should be fully functional, meaning that:
- it powers up;
- it is free from PIN locks;
- if it has a phone functionality, it makes and receives calls;
- all of its features are in working order, including, but not limited to, Bluetooth, camera and Wi-Fi;
- all control buttons and all the buttons on the keypad are in working order, including, but not limited to, the on/off, volume and navigation buttons;
- its USB, charging and/or other ports are in working order;
- in the case of laptops, the original accompanying charger is in working order;
- all in-built microphones and speakers are in working order; and
- it has an International Mobile Equipment Identity (IMEI) and/or serial number (as required by us, in each case) assigned to it that is discoverable, and if there is an IMEI label, this should be intact. (We reserve the right to reject the Trade-in Device in the event that the IMEI and/or serial number you provide during the Buy Flow do not match those produced from our own validation checks.);
- The display of the Trade-in Device should be clear and fully intact. There should be no fading, no pixels missing, no cracks and no bleeding on the screen. Touchscreens should be free from excessive scratching;
- The Trade-in Device must be free from water damage (and signs of water damage as signified by the Trade-in Device manufacturer’s water damage indicators); and
- If the Trade-in Device has a flip or slider mechanism, it should open and close properly.
Inspection, ADJUSTED QUOTES and TRADE-IN device returns
- We will provide no Credit for Lost, Blocked or Stolen Devices or for Fake Devices.
- We will inform the relevant authorities if there is any suspicion that there is a deliberate attempt to commit fraud.
- We may reclaim any money credited to you if it is discovered within three (3) months of our receipt of a Trade-in Device that the Trade-in Device has either been reported as a Lost, Blocked or Stolen Device, or the Trade-in Device is discovered to be a Fake Device.
- Lost, Blocked, or Stolen Devices will not be returned in accordance with UK Home Office guidelines and no Credit will be given for them. Fake Devices will only be returned if we consider (in our sole opinion) that they were sent to us in good faith.
- We retain the right to refuse to give you Credit for any Trade-in Device that we (in our sole opinion) believe have been purchased abroad to be sold at an increased value in another jurisdiction.
Once we have received the Trade-in Device, we will inspect the Trade-in Device to see if it is consistent with the description that you originally provided to us (the “Inspection”).
- The Inspection will focus on, amongst other things, the model and condition of the Trade-in Device. If the model and/or condition are different to your original description, the Quotation will be adjusted in accordance with clause 5.3 below.
- Should the Inspection reveal that you have sent us a different model than the one for which we provided the Quotation or the Trade-in Device does not match the condition you described, we will offer Our Prevailing Price for the Trade-in Device, which shall be subject to any other considerations we may reasonably take into account.
We will contact you via email to confirm the amount we will offer for the Trade-in Device as adjusted per clause 5.3, if necessary (the “Revised Quotation”). You will have five (5) working days from the date we communicate our Revised Quotation to you to accept the Revised Quotation (the “Return Period”). We will not be held responsible for non-delivery of communications due to spam emails or junk filters.
- If you choose to decline the Revised Quotation within the Return Period, you may ask us to return the Trade-in Device to you. Please allow for up to ten (10) working days to receive your returned Trade-in Device(s). If for any reason (excluding any reasons resulting from your negligence) we cannot send you back your Trade-in Device, we will be obliged to give you Credit of a sum equal to the original Quotation.
- If you do not reply within the Return Period, we will give you Credit of a sum equal to the Revised Quotation in accordance with clause 7. For the avoidance of doubt, should you fail to reply within the Return Period, there are no circumstances under which we will be able to return the Trade-in Device.
- Should you send any Device Accessories to us, together with the Trade-in Device, which we have not expressly requested, these cannot be returned to you.
- It is your obligation to:
remove any SIM cards, memory cards and/or SSD cards (the “Cards”) from your Trade-in Device before sending it to us. The Cards may contain private information and may enable unauthorised use of your network airtime or personal information. Should you fail to remove the Cards, you agree that we shall not be liable for any losses, claims or damages with respect to the use of the Cards arising before, or after, our receipt of the Trade-in Device;
delete all forms of personal files and data, including, but not limited to, SMS messages, photographs, games, songs and other data from the Trade-in Device (the “Device Data”);
- switch off any ‘Find My Device’ or equivalent service on the Trade-in Device; and
- restore factory settings prior to sending the Trade-in Device to us.
- By sending the Trade-in Device to us, you agree to release us from all claims, losses or damages with respect to data stored on the Cards and the Device Data. We accept no responsibility in relation to the security, protection, confidentiality or use of the data stored on the Cards or the Device Data.
- Once we have received the Trade-in Device, it will not be possible for you to obtain any data or other content from the Trade-in Device or any Cards that remain in the Trade-in Device.
- Where we receive a Trade-in Device which, when it is turned on, appears not to have been reset to factory settings, you hereby authorise us to take any reasonable action to wipe or remove any stored data from the Trade-in Device by resetting the Trade-in Device to factory settings in accordance with the manufacturer’s recommended guidelines. We shall have no further obligations in respect of wiping or removing any data remaining on the Trade-in Device. We accept no responsibility for failure to maintain the integrity or confidentiality of any data remaining on the Trade-in Device, nor do we warrant or guarantee that resetting the Trade-in Device to factory settings will permanently delete any data or personal information that remained on the Trade-in Device when we received it.
NEW DEVICE RETURN and WARRANTY
- If your Trade-in Device is eligible for a Credit equivalent to the Quotation or Our Prevailing Price in accordance with clause 2.11, we will process the relevant Credit amount to your original payment method within two (2) working days after Inspection of the Trade-in Device.
- If your Trade-in Device is subject to a Revised Quotation in accordance with clause 5.3 and clause 5.4:
- Should you accept the Revised Quotation, we will process the relevant Credit amount to you via your original payment method within two (2) working days of your acceptance of the Revised Quotation;
- Should you fail to respond to our communication setting out the Revised Quotation within the Return Period, we will process the relevant Credit amount to you via your original payment method within two (2) working days of the expiry of the Return Period.
- The Quotation, Revised Quotation and Our Prevailing Price will be inclusive of VAT and all Credits given by us shall be inclusive of VAT.
- Should you wish to return a New Device, you will have thirty (30) days after the date of purchase of the New Device to do so.
- If the returned New Device is eligible for a refund, we will provide you with a full refund, and in relation to the Trade-in Device we receive, issue you a Gift Card with a value equal to the Quotation, Our Prevailing Price or Revised Quotation (as the case may be).
- If the returned New Device does not fully satisfy our refund eligibility requirements, we may at our sole discretion accept its return, but offset the amount of your refund by the diminution in value of the returned New Device. This partial refund will be in addition to a Gift Card with a value equal to the Quotation, Our Prevailing Price or Revised Quotation (as the case may be) for the Trade-in Device we receive.
- Returns of New Devices shall at all times be subject to our Returns & Refund Policies.
- We offer a twelve-month warranty for all New Devices, which begins on the date of purchase of the New Device. If a New Device is found to be faulty outside of the thirty-day returns window mentioned in clause 8.1, we will offer you a replacement. For the avoidance of doubt, physical damage (including water damage) and any defects arising from such damage are not covered under our warranty.
- Any Gift Card issued to you in accordance with clause 8.2 or clause 8.3 are subject to the following restrictions:
- its validity period is twelve (12) months from the date of issue;
- it cannot be refunded;
- it cannot be sold, traded or otherwise transferred to another person;
- its redemption is exclusive to you;
it can only be applied to purchases made on the Website (the “Subsequent Purchase(s)”), and if so applied:
- if the value of the Subsequent Purchase is higher than the value of the Gift Card, the Gift Card cannot be partially redeemed (i.e. it must be redeemed in full);
- if the value of the Subsequent Purchase is lower than the value of the Gift Card, the remaining balance on the Gift Card can be used towards other Subsequent Purchases. For the avoidance of doubt, the Gift Card balance remains subject to the validity period set out in clause 8.6.1.
title and risk
- Nothing on the Website constitutes an offer by us to sell or purchase any goods or services.
Sending a Trade-in Device to us shall constitute an offer by you to sell such Trade-in Device to us in return for a reduction in price for New Device(s) equal to the sum of the Quotation (“Your Offer”). We are not obliged to accept Your Offer.
- No contract will be formed until either:
- we accept Your Offer, by crediting you a sum equal to the Quotation within the time frame set out in clause 7.1;
- you fail to send us your Trade-in Device by the deadline specified in clause 2.11, and we credit you a sum equal to the lower of the Quotation or our Prevailing Price, within the time frame set out in clause 7.1,
- you accept our Revised Quotation and we credit you a sum equal to the Revised Quotation, within the timeframe set out in clause 7.2.1; or
you fail to respond to our communication setting out the Revised Quotation within the Return Period and we credit you a sum equal to the Revised Quotation, within the timeframe set out in clause 7.2.2.
INDEMNITY AND LIMITATION OF LIABILITY
- Title in the Trade-in Device(s) passes to us on completion of the provision of Credit to you for such Trade-in Device(s) in accordance with clause 7. Once Credit has been given by us and title has passed, you disclaim any further right, title or interest in and to the Trade-in Device(s) or any items which form part of, or are packaged with, the Trade-in Device(s).
- Risk in the Trade-in Device(s) shall pass to us on our receipt of the Trade-in Device(s). We will not be responsible for any loss or damage incurred to the Trade-in Device(s) until they are received by us.
- For each Trade-in Device sent to us, it is your responsibility to package it in such a way as to ensure that it is physically protected.
- You are permitted to send the Trade-in Device to us in your own packaging and/or using a different delivery method. However, you will be responsible for the relevant packaging and delivery costs.
INTELLECTUAL PROPERTY RIGHTS
- We shall not be liable to you for any loss, damage, cost, expense or other claim for compensation arising as a direct or indirect result or breach or non-performance of the Contract due to a Force Majeure Event.
- Subject to clause 11.4, we shall not be liable to you for any of the following, whether in contract, tort (including negligence) or otherwise:
- any loss arising from damage or loss of the Trade-in Device during transit;
- any indirect or consequential losses;
- loss of revenue or anticipated revenue;
- loss of savings or anticipated savings;
- loss of business opportunity;
- loss of profits or anticipated profits; or
- loss of wasted expenditure.
- Subject to clause 11.4, our maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising, out of or in connection with the performance of our obligations under the Contract shall be limited to one hundred British pounds sterling (£100) per Trade-in Device.
- Neither Party excludes or limits our liability to the other for death or personal injury caused by its negligence, or in respect of any other liability to the extent that it cannot be excluded or limited as a matter of law.
- The Trade-in Programme is provided for lawful purposes only and you agree to indemnify us from and against all claims brought against us arising from performing our obligations under a contract for any breach of these Terms by you.
YOUR PERSONAL INFORMATION
- We are the owner or licensee (as the case may be) of all Intellectual Property Rights within the Website and in the materials published on it.
- You must not use any part of the Website, or the content featuring on it, for any commercial purposes without our express consent.
Waiver and variation
Provided clause 14.3 has been complied with, if one Party is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event (the “Affected Party”), the Affected Party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
- The corresponding obligations of the other Party will be suspended, and its time for performance of such obligations will also be extended, to the same extent as those of the Affected Party.
- The Affected Party shall:
- as soon as reasonably practicable after the start of the Force Majeure Event but no later than two (2) days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Contract; and
- use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
- If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than two (2) weeks, the Party not affected by the Force Majeure Event may terminate the Contract by giving one (1) week’s written notice to the Affected Party.
Third Party Rights
- Any waiver by either Party of a breach of any provision of these Terms will not be considered a waiver of any subsequent breach of the same or any other provision.
- No oral variation of these Terms will be binding.
No person who is not party to the Contract will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This clause does not affect any right or remedy that exists or is available other than pursuant to said Act.
Nothing in these Terms will be deemed to create or imply the existence of partnership or joint venture between the Parties.
Entire agreement AND CONTRACT FORMATION
Governing law and jurisdiction
- The Contract constitutes the entire understanding between the Parties and all previous agreements whether written, oral or implied between the Parties will cease to be effective.
- Neither Party shall have any remedy in respect of misrepresentation or untrue statement made by the other Party unless and to the extent that a claim lies for breach of the terms of the Contract. This clause does not preclude liability for fraudulent misrepresentation or any statutory rights you may have as a consumer.
- The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).