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Terms & Conditions

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Please find below our standard terms and conditions for trading on www.mobilephonexchange.co.uk operated by Mobile Phone Xchange Ltd (MPX). MPX recommends you read these carefully before submitting your sell order from our site and keep a copy of these terms and conditions for future reference. They are designed to ensure that you get paid correctly without delay.

On the check-out page you will need to tick the box indicating that you accept these terms and conditions. Please understand that if you do not accept these terms and conditions, you will not be able to place a sell order via our site.

1. ConsumersExpand/Collapse

For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so, as defined by the Unfair Contract Terms Act 1977. By placing an order through our site, you warrant that:

  • You are resident in Great Britain or Northern Ireland; and
  • You are accessing our site from that country; and
  • You are legally capable of entering into a binding contract; and
  • You are at least 18 years old; or
  • If you are under 18 years of age, that you have obtained your parent’s or guardian’s consent to sell your goods to us for the sum indicated via our website and you and your parents or guardians release us of any liabilities or claims that may arise if you send the goods to us in breach of this warranty.

If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.

2. BusinessesExpand/Collapse

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

  • You are based in Great Britain or Northern Ireland; and
  • You are accessing our site from that country; and
  • You are authorised to act on behalf of the business; and
  • You are legally capable of entering into a binding contract.

3. Excluded CustomersExpand/Collapse

Mobile phone dealers, stockists, or specialist retailers or distributors of mobile phones are excluded from the offers on this site unless a specific exception has been agreed in writing by a director of MPX.

4. Customer ObligationsExpand/Collapse

Goods must arrive within ten days of the date of the quotation. If the goods arrives later than 10 days from the quotation date then MPX will offer the lower of the quote price or the current price on the Site on the day the goods arrives, subject to the “Full working order” clause below.

5. Liability for sim cards and data stored on the phoneExpand/Collapse

It is your responsibility to remove your Sim card before sending your phone to MPX. Sim cards can contain private information, and may enable unauthorised use of your Network airtime. If you fail to remove your Sim card, you agree to release us from all claims, losses or damages with respect to the use of Sim card arising before, or after receipt of your handset.

Any Sim cards received by us are non-returnable.

It is your responsibility to remove any personal data from the phone. By sending your phone to us, you agree to release us from all claims, losses or damages with respect to the Sim card or phone, any data stored or contained therein or on any media used in conjunction with the phone (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")). MPX accepts no responsibility in relation to the security, protection, confidentiality or use of such data.

It will not be possible for you to obtain any data or other content from the phone, whether stored on the handset or memory card, once it has been sent in.

6. Full Working OrderExpand/Collapse

What is meant by Full Working Order:

PHONES:

  • The phone must be complete with no missing, damaged, or cracked parts (e.g. a stylus for touch screen phones should be included if the phone was originally supplied with one).
  • The phone should be fully functional. It should power up, and should be free from PIN locks. It should make and receive a call. All functionality must work ( e.g. Bluetooth, Camera, Wireless). All control buttons (on/off, volume, navigation) and all the buttons on the keypad must work. All connection sockets should work, all microphones and speakers should work, and the IMEI label should be intact.
  • The display should be clear and fully intact. There should be no fading, no pixels missing, no cracks and no bleeding on the screen. Touch-screens should be free from major scratching.
  • The phone must be free from water damage (and signs of water damage as signified by the manufacturer’s water damage indicators).
  • If the phone has a flip or slider mechanism, it should open and close properly.
  • If you are in any doubt, you are advised to contact MPX first before sending in your phone.

MPX accepts accessories such as chargers and headsets but these do not increase the value of your order.


If your phone is not tested and found to be not in full working order please see the section below Phones not in Full Working Order.


7. Brand New PhonesExpand/Collapse

To qualify for the Brand New Phone valuation your phone must meet the following conditions:

  • The phone must be in full working order and completely unused (deleted calls and data can still be located).
  • The phone must not have any marks or scratches on the body or screen.
  • The phone screen seal must be intact.
  • There must be no calls or “Data” saved on the phone.
  • The original box must be supplied and must be in excellent condition (reconditioned handsets in white boxes are not allowed).
  • The IMEI on the phone box must matches that on the phone.
  • All accessories and user manuals etc must be supplied and be completely unused and brand new.

Failure to meet these requirements may decrease the original valuation price quoted.

8. Wrong Make and ModelExpand/Collapse

Should the customer return either a prototype, or a different model than that quoted by MPX, MPX will offer an amount for the returned model based on the price displayed on the site on the day the model or prototype is returned. Generally we do not pay any amount for prototypes.

9. Stolen, Blocked and Fake PhonesExpand/Collapse

“Lost, Blocked or Stolen phones” are phones that have been reported as either lost or blocked or stolen as recorded in any of the stolen asset registers maintained by CheckMEND at http://www.checkmend.com/geo/index.php.

“Fake” phones are counterfeit phones which are manufactured to resemble products made by another company in beach of Copyright.

MPX will make no payments to customers for phones received which are either “Lost, Blocked or Stolen” or “fake”.

MPX reserves the right to inform the relevant authorities if there is any suspicion that there is a deliberate attempt to perpetrate a fraud. MPX reserves the right to reclaim any money paid to the consumer or business if it is discovered within three months of the return of that phone that the phone has either been reported lost blocked or stolen by the seller of the phone, or the phone is discovered to be a “fake”.

10. Prepay Box BreakingExpand/Collapse

MPX reserves the right to refuse to pay for any phones which it believes are derived from “Prepay Box breaking”. The definition of “prepay box breaking” is where a businesses or individual purchases prepay phones from a retailer, network, dealer or wholesaler with the intention of reselling the phone and have no intention of using the phone and sim card together as was the original intention of mobile phone network whose sim card is provided with the phone.

11. Phones not in Full Working OrderExpand/Collapse

Once your goods have been received and inspected, MPX will contact you via email or text to confirm the amount MPX offers for them (as adjusted, if necessary, by these terms and conditions). If you do not reply within three working days MPX will pay the offered amount. MPX cannot be held responsible for the non-delivery of emails because of spam email or junk filters.

Under no circumstances can goods be returned after this three day period.

If you choose to decline the offer within the 3 day period, you may ask MPX to return the goods to you. Please allow upto 10 working days to receive your returned phone. We reserve the right to charge £10 to cover handling and postage.


If for whatever reason MPX cannot send you back your original phone then MPX will be obliged to make payment for the full quoted amount.


Additional accessories that have been sent in with your handset which have not been requested by MPX cannot be returned.

Goods which are “lost, blocked, or stolen” will not be returned in accordance with Home Office guidelines. “Fake” goods will be returned if MPX considers that they were remitted in good faith.

12. PaymentsExpand/Collapse

During the checkout process you will be asked how you would like to receive payment for your goods. This payment option cannot be changed once the order has been placed.

MPX initiates payments to customers as follows:

Cheques - 5 working days after receipt and inspection

BACS Paypal or voucher payments - 3 working days after receipt and inspection

Please Note: Payment can only be made using the details given during the checkout process. If you have lost your cheque or voucher you can request for it to be cancelled and re-issued. A cancellation fee of £7 will apply and will be deducted from the re-issued cheque or voucher amount.

All valuations and payments include VAT.

13. Postal Damage and LossExpand/Collapse

MPX takes no responsibility for the loss of, or damage to, goods in transit.

For each package you send in it is your responsibility to:

1) Ensure it is adequately insured for loss in transit, and

2) Ensure that it is adequately physically protected.

MPX accepts no liability for any loss sustained due to inadequate packaging when MPX supplied return bags are used.

14. Data ProtectionExpand/Collapse

MPX sometimes uses other companies to fulfil logistics services, MPX will need to pass some personal details relating to the Customer to these parties. The Customer's personal data will only be processed for these particular services, and will be processed under the control of MPX. None of your personal details will be shared with any other organization without your express permission.

MPX is registered under the Data Protection Act as a processor of Data.

15. Events Outside Of Our ControlExpand/Collapse

MPX will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.

16. Formation of ContractExpand/Collapse

Nothing on this Site constitutes an offer by MPX to sell or purchase any goods or services. Where you post in goods to MPX, this shall constitute an offer by you to sell the goods to MPX. No contract will be formed until MPX accepts your offer, either by making a payment to you within the time frame set out under the “Payments” section above, or by contacting you to acknowledge receipt of your goods together with a change in the proposed purchase price as set out in these terms and conditions.

17. Site DisclaimerExpand/Collapse

Whilst MPX endeavours to ensure that the information on this Site is correct, it does not warrant the accuracy and completeness of the material on this Site. MPX may make changes to the material on this Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and MPX makes no commitment to update such material. The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, MPX provides you with the Site on the basis that MPX excludes all representations, warranties, conditions, and other terms, which, but for this Legal Notice might have effect in relation to the Site.

MPX, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any Sites linked to this Site or the material on such Sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any Sites linked to this Site.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Site, or the use by any other person using your registration details.

18. Refer a friendExpand/Collapse

The £5 payment for the Refer a friend scheme is payable (by bank transfer only) if the following conditions are met:

1. The existing customer who is referring the friend (the referrer) must have a valid account with Mobile Phone Xchange

2. The potential new customer (the referred) must:

a) Be a bona fide new customer

b) Not have the same house name/number and postcode as the referrer

3. The first payment for the first order placed by the referred must be at least £5

4. The referrer can only claim £5 for the referred once, but can refer an unlimited amount of people.

5. The referrer can only claim £5 for someone who has not been referred to Mobile Phone Xchange previously.

6. The referred must make a sales order through the unique URL provided by the referrer

7. The referrer must submit their bank details (if we do not already hold them) within 60 days of the referred phone being received by Mobile Phone Xchange or payment will become void.

 

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