Terms and Conditions of Use of Rapid Phone Buyer
These are our terms and conditions. They apply each time you use www.rapidphonebuyer.co.uk and we will assume that you've read them before you use it. They do change from time to time and you promise to re-read them each time you visit us.
These Terms and Conditions comprise the following sections:
- General Terms
- Selling Terms
- Cancellation/Cooling Off Policy
Which together form the basis of the relationship between us and both you and we agree to be bound by what each section says.
The following words have the following meanings in these Terms and Conditions:
- We are Mobile Phones Giant Limited a company registered in England and Wales under company number 09615386 and whose registered office is at 47 Paragon Street, Hull, HU1 3PE.
- Site is www.rapidphonebuyer.co.uk and references to the Site include references to Mobile Phones Giant Limited.
- You are using the Site whether or not as a visitor or a User.
- Account means the account you create with us if you register with us using the Site.
- Agreement means the agreement which comes into effect when you accept our terms and conditions.
- Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of Rapid Phone Buyer.
- Device means the device which you wish to sell.
- Sale means the sale by you to us of your Device.
Your Promises to Us
You agree that:
- You have the right to make this Agreement with us and that, if you are an individual, you are over the age of 18 years.
- You will read the terms and conditions on any site we link you to.
- You won't use robots, spiders, scrapers or similar things on Rapid Phone Buyer.
- You won't try to get around any things we put on the Site to stop or limit access to parts of it.
- You won't do anything that might cause our systems to crash.
- You won't steal the Site or any part of it for use in any other app or application or for any other purpose.
- You won't try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs or systems we use in connection with The Site or the services it offers.
- You won't copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
Either we or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you.
When you create an Account with us you promise that:
- You will only have one Account with us
- All information you submit is accurate and truthful
- You will keep this information accurate and up-to-date
- You will not share your Account with anyone else
- You will keep your Account details confidential
- You will not give your username or password to anyone else
- You will log off when you exit The Site
- Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name. We can change a username if we think it breaks this term.
We may close your Account if you break these terms and conditions or if there has been no activity on the Account for 12 months.
If any payment we send to you or to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
If you do anything which we think might be fraud, we may report those actions to the Police and the money standing to the credit of your account may be returned to any merchants involved or kept by us to cover the costs we are put to in dealing with your fraud.
If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account.
You have the right to opt out of our marketing emails at any time by emailing us at email@example.com.
You can cancel your Account with us at any time - all you need to do is to email us at firstname.lastname@example.org.
We can cancel your Account on giving you 7 days' notice at any time unless a Sale is outstanding, in which case the cancellation will take place 1 day after the Sale has been completed.
Feedback and Forums
When using any feedback or forums we may put up on the Site you agree to abide by the following rules:
- You must not use obscene or vulgar language
- Nothing you submit can be unlawful or otherwise objectionable and you must not use the Site to publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist
- Nothing you submit may be designed to promote violence
- All your posts must be in English (we may change this but we cannot moderate posts in foreign languages and will remove them)
- You must not post links to other sites or apps which may break these rules
- You can't use any forum to advertise – but if you have a business we don't mind you mentioning its name
- You must not impersonate anyone else
- You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
- All feedback you post must be legal decent and honest and be your own opinion based upon your use of the service we offer or on the Site.
We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
When you submit a post you are warranting that you are the author of that post and that you own or have the right to use all the intellectual property rights associated with it and you agree that we may use your post for any reason and in any manner we choose without paying you, telling you or acknowledging you as the owner.
When viewing posts you accept that we are not the author and that any views expressed do not necessarily represent our views.
If you see a post which you find objectionable tell us as soon as you can and we will consider whether or not it should be removed.
You warrant that all posts you make concerning the Site and the services it offers, on any forum, will be legal, truthful and reflect YOUR honest opinion made after you have visited the Site and used the services it offers.
We rely on the reputation we have on various review sites and you understand and agree that, if you damage that reputation in any way which breaks the provisions of these Terms and Conditions or the Defamation Act 2013, damages alone may not be a sufficient remedy for us. You accept that we may obtain an injunction against you and any other relief that may be appropriate.
Privacy & Coookies
We may terminate your account with us at any time by giving you notice to the last know email address that we have for you. We do not have to give a reason for termination of your account.
The Site is a site intended to offer you a reasonable price for your Device. When we make an offer it will be based on many factors including the fact that we need to make a profit on every Device we buy, the cleaning and refurbishment we may apply to your Device and any repairs which may be necessary.
Any feedback published on the Site is the opinion of the person who published that feedback. We will remove any defamatory material and material which is contrary to these Terms and Conditions, on request.
We can't promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
We can't promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
We don't give advice on the Site just general opinions and so don't rely on what we say when you make any decisions.
We make all reasonable effort to test material before placing it on the Site but you must use sensible precautions before taking any actions suggested on the Site. In the very unlikely event that you suffer any loss, disruption or damage as a result, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site.
If you link to any other site or app using the Site then you understand that separate conditions will apply to those sites or apps and that we have no control over those conditions – so you agree that you will read and understand them before using those sites or apps.
The Site cannot and does not warrant that it will offer the highest price you can obtain for your Device. All prices displayed are the maximum prices we would normally pay for Devices in "as new" condition, with their original boxes and all equipment, leaflets, instructions and other matter originally supplied and also in "as new" condition.
Availability of the Site
We never guarantee that The Site will be available all the time and if it's not available for any reason you can't hold us responsible for anything you lose as a result.
We have the right to change The Site and the services it offers, suspend it or stop it at any time.
Limitation of Liability
As far as we are allowed by law we deny liability for any losses of all kind which you incur from visiting and/or using Rapid Phone Buyer. You use The Site at your own risk.
However, nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
Links to Others Apps & Websites
We don't control any of the sites or apps we may link to and so we can't be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
Just because we link to a site or app does not mean that we endorse or recommend that site or app.
We can never guarantee that a link will work.
Modifications to These Terms and Conditions, And to the Site
You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes we've made to them.
If we change the Site these Terms and Conditions will apply to any changes we make.
These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them and all proceedings arising under these Terms and Conditions should be conducted using the English language.
We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.
Time will not be of the essence in any part of any agreement between you and us.
All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms and Conditions.
If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.
These Terms and Conditions contain the entire understanding between you and us.
Cookie and Privacy Policies
1. Agreement with Us
1.1 No binding agreement will come into effect between you and us for the sale of your Device unless and until we have confirmed your Sale. Acceptance will be in the form of an email and until you have received that email no agreement will exist between you and us.
1.2 As soon as we have confirmed your Sale (as described in condition 1.1 of these Selling Terms) that sale and purchase is binding and we will not return the Device to you.
2. Your Obligations
2.1 You agree to:
2.1.1 - describe the condition properly -
provide as full a description of your Device as possible and you warrant that that description is accurate and complete in all respects;
2.1.2 - describe the device properly -
accurately describe the make and model of your device and its approximate date of manufacture;
2.1.3 - pack the device properly and use our delivery system -
use the service offered by us to send your Device to us and follow all instructions which apply to that service and despatch the Device:
188.8.131.52 properly and effectively wrapped and secured in a suitable envelope properly and to which you have securely attached the pre-paid posting label we have supplied to you; or
using the secure freepost kit, we supply to you; and
and, with either method, you will obtain proof of posting;
2.1.4 - insure the device whilst it's in the post to us -
insure the device to its full replacement value whilst in transit to us – unless and until we receive the Device we will not accept responsibility for any loss or damage which happens to it, when in transit.
2.1.5 - remove the sim, memory cards and all your personal data apps etc –
to remove the sim, any memory cards and all personal data and information from the Device, including all programs and applications which you may have uploaded to it and any other information or resources which could identify you or the passing of which to a third party could cause you harm of any nature.
2.1.6 - remove activation, data, screen locks, pins, passwords and other security devices-
make sure that the Device can be used without the need for any activation locks, data locks, screen locks or the use of any PIN or password.
2.1.7 - cancel your airtime contract -
make sure that no device is subject to any airtime contract linked to it.
2.2You understand and agree that:
- the final price we offer will depend on the condition of the device when we receive it-
the offer we make to you through the Site is based upon the accuracy of the description you have given to us. If your description is not accurate, we will revise the amount we offer and you can:
2.2.1 accept the revised offer we make by clicking the "Accept" button on the link we email you – and a binding agreement will come into effect when we confirm your Sale in accordance with condition 1. Of these Selling Terms; or
2.2.2 reject the revised offer – in which case, we will return the Device to you, to the address you have given us online within 14 days of hearing from you that you don't want to go ahead.
2.3 You warrant, as follows:
2.3.1 - you own the Device –
that you are the sole owner of the Device and that you have full rights to sell it to us;
2.3.2 - the Device is not subject HP, credit sale or any other credit agreement -
that the Device is free from any hire purchase, credit sale, credit agreement or any other agreement which would prevent or restrict the sale to us.
2.3.3 - the Device has not been interfered with –
that the Device is in original condition and has not been subject to any repairs or alterations of any nature.
2.3.4 - the Device is not stolen -
that the Device has not been stolen nor reported to the Police or any insurance company as having been stolen
2.3.5 - you've noted the imei number –
that, before sending the Device to us, you have made a note its IMEI number (if any) and will retain that number until we have completed the Sale.
2.3.6 -you're UK based –
that you are accessing the Site from the United Kingdom and selling a Device which was originally supplied in the United Kingdom.
3.1 If you tell us that the device is working, you warrant that the Device will:
- Switch on and off
- Be fully functional
- Be complete with battery and back cover and all other parts
- Have an intact screen (with no cracks)
- Have a working LCD and touch screen (with no pixel damage, cracks, lines or a white screen)
- Device must not be bent, crushed, cracked and should have no missing buttons
- Not be water damaged
- Be original with no fake components
- Have all PIN, passwords and screen locks removed
- Have all iCloud, Samsung and Google accounts removed
- Have no software or hardware issues
- Be able to make calls, accept a UK SIM and connect to WIFI
- Be unlocked or on a UK network only
- Not have excessive fair wear and tear
- Be intact and not crushed, broken in half or bent in any way
- Be complete with the battery
- Not have missing components such as camera, LCD etc.
- Not have any liquid or water damage
- Not have previous repair attempts
3.2 If you have told us that the Device is faulty you warrant that the Device will (apart from the fault(s) you have described be in the condition described in Selling Terms 3.1 above and will not be beyond economical repair.
4. The Deal
4.1 We test your Device
When we receive your Device, we will examine and test it to make sure that it is as you have described it to us as soon as we are able.
4.2 We confirm the offer or make a revised offer or reject your Device
Within 5 business days we will either
4.2.1 confirm the offer we have made to you though the Site – and email you confirming the Sale; or
4.2.2 revise the offer we have made to you through the Site – in which case you must tell us, within 5 working days if you are happy with that revised offer and we will then confirm the Sale to you by email; or
4.2.3 reject the Sale.
4.3 We return the Device to you if no Sale is made
If we do not agree a Sale with you then we will return the Device to you and:
4.3.1 if you have not broken the warranties and conditions shown in clauses 2.3 & 3 of these Selling Terms we will pay the return postage costs; or
4.3.2 if you have broken any of the warranties and conditions shown in clauses 2.3 & 3.2, we can charge you return costs of £10.00 to cover our postage and packing costs and the cost of testing/examining the Device.
4.3.3 if you have not paid the return costs shown in clause 4.3.2 of these Selling Terms, within 20 days of us advising you that no Sale has been agreed, we may retain the Device for recycling and will have no further liability to you.
4.4 If we return the Device to you, we will pack it securely and return it to the address you gave us when offering your Device for sale. We will not return it to any other address.
4.5 We won't insure your Device in transit
We will NOT insure your Device in transit and you must make sure that it is insured at all times until a Sale has been agreed or the Device is returned to you.
4.6 VAT is included in all of our prices
All offers made by us are inclusive of any VAT which may be payable on a purchase. If the Device is sold by you is subject to VAT, you will supply us with an appropriate and valid VAT invoice, on demand.
4.7 Ownership of the Device
We will own the Device as soon as we have confirmed the Sale or recycled the Device, in accordance with these Selling Terms.
Our responsibilities to you
5.1 We offer payment by cheque or bank transfer. You can choose the method in which you would like to receive the payment on our order form; however, this payment method cannot be changed once you submit the order.
5.2 If we agree a Sale, we will transfer the sum we have agreed to pay you to the bank account in your name, details of which you have given us or send you a cheque, within 2 working days of agreeing that Sale.
5.3 We do not make payments to any third party. And so bank transfer and cheque payments can only be paid to the account details or name and address you have provided in the online order form. We cannot recall or reissue bank transfer payments once they have been made.
If your cheque is damaged, we are happy to reissue it, free of charge. You can request to have it reissued by writing to us at the following address and including the damaged cheque:
Rapid Phone Buyer
47 Paragon Street
5.4.2 If we do not receive your damaged cheque, or if you have lost it, a cancellation fee will apply and be deducted from the reissued cheque value.
5.4.3 We will only reissue damaged or non-received cheques in the period of14 days after the original date of cheque issue.
5.4.4 For administrative reasons cheques may take up to 7 days to be reissued.
5.4.5 We will not be responsible for delays in payments caused by third parties.
5.5 Your liability to us
5.5.1 If the Device you have sent us is damaged, and you have not told us about the damage, or is beyond economic repair or has had previous repair attempts we will, at your option, return it to you or recycle it.
5.5.2 If you ask us to return the Device to you we will make a charge of £10.00 (including VAT) to cover the administrative and other costs we have incurred as a result of your misdescription of the Device. We will only return the Device to you, when we receive payment of the sum from you.
5.5.3 If you ask us to recycle the Device, you agree that we may retain any value we obtain for it to offset the administrative and other costs we have incurred as a result of your misdescription of the Device.
This clause limits our liability if certain things go wrong.
6.1 We will not be responsible for the safety of any data, sim or memory card left in the Device nor for any data or other information contained on/in them.
6.2 We will not be responsible if the Device does not reach us, is damaged in transit or is not delivered to you.
6.3 We will not be responsible for any loss you suffer which is outside our reasonable control or if we have to comply with any laws or regulations.
6.4 The maximum amount of our liability for any issues we cause is limited to the actual value of the Device and will not include any loss of business, loss of profit, indirect or consequential losses you may sustain.
6.5 Nothing in these Terms and Conditions limits out liability for death or personal injury or losses caused by our fraudulent actions.
Cancellation/Cooling Off Policy
If you are an individual (and not a business) you can ask us to delay processing the Sale for a period of, up to, 14 days from the day we provide you with an estimate of the price we will pay for it, through the Site. In that event:
- we reserve the right to change the offer we make for your Device;
- we will not process any Sale until the end of that period; and
- you must not send your Device to us.
If you do not wish to proceed, then you need to do nothing else to cancel the arrangements between us.
If you send your Device to us, we will assume that you do not wish to claim the rights you have, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and that you wish us to proceed to provide the services we offer despite those rights.