Cash4phones is a trading name of C4P Trading Limited, a company registered in England (Company No: 06300042) ("Company").
The Company has issued these terms and conditions ("Conditions").
These Conditions apply to:
- a) your use of the website under the domain name http://www.cash4phones.ie/ ("Website");
- b) any correspondence between the Company and you; and/or
- c) the supply of Services (as defined in Condition 1.1 below) by the Company to you.
Please read these Conditions carefully before you start to use the Website and before submitting a Sales Enquiry (as defined in Condition 1.1 below). You should understand that by using the Website and/or by submitting a Sales Enquiry, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
By using the Website and/or submitting a Sales Enquiry, you shall be deemed to have accepted these Conditions in full regardless of whether or not you proceed with the Sales Process (as defined in Condition 1.1. below). If you do not accept these Conditions in full, you must refrain from using our Website and you must not submit a Sales Enquiry.
1. DEFINITIONS
- 1.1 In these Conditions unless otherwise stated:
- "Business Day" means any day which is not a Saturday, a Sunday or a public holiday in England;
- "Connected Person" means (in relation to a person, including, without limitation, a company) any officer, director, employee, shareholder or agent of such person;
- "Contract" means a contract between a Seller and the Company for the sale of the Seller’s Goods;
- "Counter-Proposal" means a non-binding proposal made by the Company following receipt of the Goods made in accordance with Condition [3.13];
- "Goods" means any Mobile Phone or related item (including without limitation mobile phone batteries, chargers and other accessories) of a type that may from time to time be bought by the Company;
- "Inspection" means an inspection of the Seller’s Goods by the Company;
- "Loss" means any loss or damage including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data or contracts whether in tort (including, without limitation, negligence), contract or otherwise;
- "Mobile Phone" means any mobile phone handset of a type that may from time to time be bought by the Company;
- "Private Individual" means an individual who seeks to sell Goods for the purposes of personal profit only and does not seek either directly or indirectly through a Sale to derive a profit or other commercial gain for a business;
- "Quotation" means a non-binding valuation (inclusive of VAT where applicable) of Goods provided by the Company;
- "Sale" means the sale by a Seller of Goods to the Company;
- "Sales Enquiry" means the Website enquiry form at http://www.cash4phones.ie/ to be completed with details relating to the Seller and the Goods and (once these Conditions have been read and understood in full) to be submitted by a Seller;
- "Sale Offer" has the meaning set out in Condition [3.5];
- "Sale Pack" means documentation produced by the Company based on a Submitted Sales Enquiry including, without limitation, confirmation of the Quotation applicable to a Submitted Sales Enquiry and a freepost envelope;
- "Sales Process" means the process set out in Condition [3], which is only available to Sellers;
- "Seller" means any Private Individual who submits a completed Sales Enquiry;
- "Seller's Information" means any information provided by the Seller to the Company prior to Inspection including, without limitation, personal information or information regarding Goods contained in a Submitted Sales Enquiry or provided to the Company over the telephone or otherwise;
- "Services" means, without limitation, the services provided by the Company through or in connection with a Contract;
- "Required Specifications" means the specifications set out in Condition [4];
- "Submitted Sales Enquiry" means the Sales Enquiry submitted online to the Company by a Seller;
- "you" means (without limitation) any individual that accesses the Website, including (without limitation) any individual who registers their details on the Website and any Seller, and "your" shall be construed accordingly;
- 1.2 singular words shall include the plural and vice versa;
- 1.3 a reference to one gender shall include a reference to the other genders; and
- 1.4 headings are included for convenience only and shall not affect the construction or interpretation of these Conditions.
2. SERVICE AVAILABILITY
The Website is only intended for use by people resident in the United Kingdom. The Company does not accept Sales Enquiries from individuals outside the United Kingdom.
3. THE SALES PROCESS
Preliminary
- 3.1 The Website provides price guides for Goods. Any such price guide is not a contractual offer; it merely indicates the price the Company may be willing to pay for Goods.
- 3.2 To receive a Sale Pack, the Seller should complete and (once the Seller has read and understood these Conditions in full) submit a Sales Enquiry. On receipt of a Submitted Sales Enquiry, the Company may (but is not obliged to) send to the address provided by the Seller a Sale Pack based on the information provided in the Submitted Sales Enquiry. The Sales Pack will be issued on the first Business Day following the date of the Submitted Sales Enquiry.
- 3.3 Quotations are not contractually binding; they merely indicate a price the Company may (but is not obliged to) pay the Seller if the rest of the Sales Process is completed.
- 3.4 Neither the Company’s dispatch of, nor the Seller’s receipt of, the Sale Pack is a contractual offer, nor is a Quotation a contractual offer; it merely indicates the price the Company may (but is not obliged to) pay for the Goods. Any Quotation is given on the basis that a binding contract shall only come into existence in accordance with Conditions [3.11 or 3.14].
- 3.5 The Sale Pack will contain a freepost envelope which the Seller, if he so chooses, may use to post the Goods to the Company. The posting by the Seller of the Goods to the Company is an offer by the Seller to enter into a binding contract with the Company ("Sale Offer"), which the Company is free to accept or decline at its absolute discretion.
- 3.6 If the Seller uses the freepost envelope then he does so entirely at his own risk and, subject to Condition [7], the Company does not accept any liability for loss of, damage to or delay to the arrival of the Goods. The Seller may, at his own cost, send the Goods to the Company by special or recorded delivery. The Company will endeavour to record receipt of all incoming post and any such record shall be final evidence of the date the Goods were received by the Company.
- 3.7 The Seller is responsible for removing from the Goods any and all SIM cards, memory cards and any data or media (including, without limitation, personal details, SMS, photos, media files, games and any other data stored on the Goods) and, subject to Condition [7], the Company accepts no responsibility for the security, confidentiality, use or deletion of such data on receipt of the Goods.
- 3.8 For the avoidance of doubt, the Quotation contained in the Sale Pack shall only remain valid for a period of ten (10) calendar days from the date the Company sends the Sale Pack unless the Company notifies you in writing that it has changed or withdrawn the Quotation during this period. If the Company does not receive the Goods within ten (10) calendar days from the date of the Sale Pack the Company reserves the right to reject the Seller’s Goods, make a Counter-Proposal in accordance with Condition [3.13] or, in the case that the Goods meet the required specifications, proceed with the Sale and make payment to the Seller, in accordance with Condition [3.17], for the amount of the current value of the Goods as per our price list database, at the date of receipt of the Goods.
- 3.9 Subject to Condition [7], the Company shall under no circumstances whatsoever at any time be obliged to purchase the Seller’s Goods whether in connection with any Quotation, any Counter-Proposal or absence thereof, or otherwise, nor shall the Company be liable for any Loss suffered by the Seller as a result of any Sale, lack of Sale or otherwise.
Receipt of the Goods by the Company
- 3.10 On receipt of the Goods, the Company shall:
- 3.10.1 check whether the Goods were received within ten (10) calendar days of the date of the Sale Pack; and
- 3.10.2 carry out an Inspection.
- 3.11 If the Goods were received within ten (10) calendar days of the date of the Sale Pack and, following Inspection, the Company is willing to proceed with the Sale, the Company shall arrange payment to the Seller in accordance with Condition [3.17]. A Contract shall only commence on payment by the Company to the Seller. Ownership of the Goods will only pass to the Company on payment to the Seller.
- 3.12 If the Goods are received more than ten (10) calendar days after the date of the Sale Pack and:
- 3.12.1 if, following inspection, the Company (in its absolute discretion) considers that the Goods meet the required specifications, and the Company is willing to proceed with the Sale, the Company shall arrange payment to the Seller in accordance with Condition [3.17] for the amount of the current value of the Goods, as per our price list database at the date of receipt of the Goods, even if lower than at the time of the Quotation. A Contract shall commence on payment by the Company to the Seller. Ownership of the Goods will only pass to the Company on payment to the Seller.
- 3.12.2 and/or if, following Inspection, the Company (in its absolute discretion) considers that:
- 3.12.2.1 the condition of the Goods does not warrant the Quotation due to cosmetic or functional damage and/or general wear and tear; or
- 3.12.2.2 the Goods are not the same make or model as stated in the Submitted Sales Enquiry; or
- 3.12.2.3 the Seller’s Information is not true and accurate in any and/or all respects,
the Company may (in its absolute discretion) reject the Sale Offer and/or make a Counter-Proposal in accordance with Condition [3.13].
- 3.13 Any Counter-Proposal made by the Company pursuant to Condition [3.12] will be sent to the Seller using the e-mail address provided in the Submitted Sales Enquiry. On informing the Seller of the Counter-Proposal (if any), the Company will request the Seller to confirm his acceptance or rejection of the Counter-Proposal within five (5) calendar days of the date of the Counter-Proposal.
- 3.13.1 Should the Seller fail to provide an appropriate email address no confirmation will be sent and the Seller will be deemed as having accepted any Counter-Proposal made in accordance with clause [3.12]
- 3.14 If the Seller confirms within five (5) calendar days of the date of the Counter-Proposal that he wishes to proceed with the Sale on the basis of the Counter-Proposal then the Company shall arrange payment to the Seller in accordance with Condition [3.17]. A Contract shall commence on payment by the Company to the Seller. Ownership of the Goods will only pass to the Company on payment to the Seller.
- 3.15 If the Seller, within five (5) calendar days of the date of the Counter-Proposal rejects the Counter-Proposal:
- 3.15.1 the Company will inform the Seller by e-mail that the Seller may request that the Goods are returned to him at a cost to the Seller of £7.95.
If Condition [3.15] applies, the Company must receive the Returns Fee in cleared funds within twelve (12) days of the Company’s Counter-Proposal e-mail to the Seller before sending the Goods back to the Seller. Subject to Condition [7], the Company does not accept any liability for any Loss suffered by the Seller in relation to the return of the Goods. - 3.15.2 If the Seller fails to make payment in accordance with clause [3.15.1] the Counter-Proposal will be deemed as accepted by the Seller and payment will be made in accordance with clause [3.17].
- 3.15.3 Counter-Proposal orders will be automatically processed for payment if the Seller does not reply to the Companies proposed offer email within 5 days or where the Returns Fee does not show as cleared funds in the Companies account in accordance with clause [3.15.1].
- 3.16 If following Inspection, the Company (in its absolute discretion) considers that:
- 3.16.1 the Condition of the Goods is such that the Goods are beyond economical repair; or
- 3.16.2 the Goods do not meet the Required Specifications set out in Conditions [4.1.1 or 4.1.2];
- 3.16.3 the Goods received are of Nil value, on the date the Company receives the Goods from the Seller, according to the price list database contained on the website http://www.cash4phones.ie
title to the Goods will pass to the Company and the Company will decide (in its absolute discretion) how to dispose of the Goods. Disposal of such Goods will be carried out in compliance with the European WEEE Directives (2002/96/EC) and procedures.
Payments
- 3.17 Any payments to be made by the Company to the Seller shall be made in accordance with the details provided by the Seller in the Submitted Sales Enquiry. Such submitted details shall be final and may not be changed after the Submitted Sales Enquiry has been sent. The Company:
- 3.17.1 will only make a cheque payable to the Seller named in the Submitted Sales Enquiry and post such cheque to the address given in the Submitted Sales Enquiry;
- 3.17.2 will reissue damaged or lost cheques at the request of the Seller but reserves the right to deduct an administrative fee of £2.95 for doing so;
- 3.17.3 will only make a bank transfer using the account details (which must bear the Seller’s name) given in the Submitted Sales Enquiry; and
- 3.17.4 will not under any circumstances recall or reissue bank transfer payments once made.
- 3.17.5 For the avoidance of doubt the Seller warrants that all information provided to the Company is truthful and accurate and without error or omission. The Seller is wholly responsible for ensuring all information provided by them to the Company within a Submitted Sales Enquiry is truthful and accurate. The Company cannot be held liable for whatsoever reason for any error or omission in the information provided by the Seller to the Company.
4. REQUIRED SPECIFICATIONS
- 4.1 All Mobile Phones (in the Company's absolute discretion):
- 4.1.1 of UK or European specification; and
- 4.1.2 less than four (4) years old and appear on the Website http://www.cash4phones.ie; and either
- 4.1.3 turn on and off, be fully functional, be fully intact with a screen in full working order, include the battery and battery casing and must not have sustained crush or water damage; or excessive cosmetic damage and/or wear and tear or;
- 4.1.4 if Mobile Phones do not turn off and on and/or are not fully functional, then such Mobile Phones must be fully intact, include the battery and battery casing and must not have sustained crush or water damage.
- 4.1.5 The Company will accept phone battery chargers and other accessories, however any accessories received including but not limited to phone battery chargers will not have any effect on the quote or any potential Counter-Proposal.
5. SELLER'S WARRANTIES
The Seller represents and warrants that:
- 5.1 the Seller's Information is true and accurate in any and all respects;
- 5.2 the Seller is the registered and legal owner of the Goods;
- 5.3 the Seller has the right to transfer in full the unencumbered legal title and full ownership to the Company and the Goods are not subject to any outstanding or potential debts or airtime costs or any other liability associated with the Goods whether at law, in equity, possessory or otherwise;
- 5.4 the Goods do not suffer from any physical defects or problems that have not been disclosed in the Submitted Sales Enquiry;
- 5.5 the Seller’s possession of the Goods does not result from any illegal activity in the United Kingdom or in any other country;
- 5.6 the Sale will not cause the Company to breach any applicable law of the United Kingdom or any other country including but not limited to anti-terrorism law or anti-money laundering law;
- 5.7 the Seller is legally capable of entering into binding contracts;
- 5.8 the Seller is resident in the United Kingdom and eighteen (18) years of age or older; and
- 5.9 the Seller is acting on his own behalf and without duress and not for the benefit of another person.
6. STOLEN MOBILE PHONES
- 6.1 The Company works with CheckMEND, a crime prevention database created to track and block stolen Mobile Phones. Upon receipt of Mobile Phones the Company will check the database to ensure they are not reported as stolen. If any Mobile Phone is found listed on the database the Seller will be required to provide proof of ownership to the Company. Suitable proof of ownership is limited to documentation (such as a supplier contract) that shows that the Seller has legal title to the Mobile Phone by reference to the unique IMEI number or written confirmation from the Police confirming that the Mobile Phone’s IMEI number is incorrectly registered as stolen. The Seller must provide such proof of ownership within twenty-eight (28) calendar days of the request by the Company or the Mobile Phone may either be passed to the Police or be destroyed and no payment will be made.
- 6.2 In the event that the Company has reasonable cause to believe that, or is aware that, Condition [5.5] has been breached and/or Condition [6.1] applies, the Company reserves the right to report any such belief, knowledge, breach or situation to the relevant law enforcement authorities and the Company will co-operate with those authorities by disclosing your identity to them.
7. LIMITATION OF LIABILITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION.
- 7.1 Subject to Condition [7.2], the Company and its Connected Persons exclude all liability and responsibility for any amount or kind of Loss that may result to you or a third party in connection with:
- 7.1.1 the Website;
- 7.1.2 the use, inability to use, or the results of use of the Website, any websites linked to the Website or the material on such websites;
- 7.1.3 any Sales Process, whether it results in a Sale or not;
- 7.1.4 any Contract; or
- 7.1.5 any action the Company takes in relation to Condition [6],
including, without limitation:- (i) Loss due to the acts or omissions of any person whether or not found by or introduced to you through the Website or any websites linked to the Website or found by or introduced to you through the Company;
- (ii) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
- 7.2 Nothing in these Conditions shall exclude or limit the Company’s liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or fraud, or misrepresentation as to a fundamental matter, or any liability that cannot be excluded or limited under applicable law.
- 7.3 Subject to Conditions [7.1 and 7.2] the Company shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of Goods, loss of contract, loss of use or loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
- 7.4 The Company shall not be liable to you in the event that the Company cannot provide any Services to you due to an event beyond our reasonable control, including without limitation events such as fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that the Company is prevented from providing any Services by such an event, the Company will take all reasonable steps to try to reinstate the provision of the Services to you as soon as is reasonably practicable.
8. CANCELLATION
- 8.1 Sellers have the right to withdraw from the Sales Process at any point up to the Sale Offer or, where a Counter-Proposal has been made, at any point up to five (5) calendar days from the date of the Counter-Proposal.
- 8.2 The Seller acknowledges that:
- 8.2.1 immediately upon a binding Contract coming into force between the Seller and the Company in accordance with Conditions [3.11 or 3.14], the Company will deal with the Goods whether (in its absolute discretion and without hesitation) by recycling or permanently destroying or otherwise disposing of the Goods which, for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") shall constitute the start of the Services; and
- 8.2.2 the Seller’s cancellation rights will end when performance of the Services starts.
9. MISCELLANEOUS
- 9.1 Any notice or communication under these Conditions shall be in writing and shall be delivered personally or sent by post or e-mail (in your case) to the address or e-mail address given by you when you submit a Sales Enquiry and (in our case) to
or to such other address as may be notified in writing. Proof of posting or dispatch of any notice or communication shall be deemed to be proof of receipt:- 9.1.1 in the case of registered mail, four Business Days after having been posted; and
- 9.1.2 in the case of an e-mail on the day following despatch.
- 9.2 The Company may, from time to time and without notice, vary these Conditions or any of the documents referred to in them and the Company advises you to revisit the Website periodically and read the Conditions before submitting any Sales Enquiry to ensure that you are aware of the current Conditions.
- 9.3 The Company may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
- 9.4 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
- 9.5 These Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.
10. WEBSITE TERMS OF USE
Limitation of liability
- 10.1 Your attention is particularly drawn to Condition 7 relating to the limitation of the Company’s liability for Loss in connection with the Website or the use, inability to use, or the results of use of the Website, any websites linked to the Website or the material on such websites.
- 10.2 You are responsible for making all arrangements necessary for you to have access to the Website and you are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Conditions, and that they comply with them.
- 10.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- 10.4 The Company neither represents nor warrants that the material on the Website will be compatible with or operate with the software or hardware on your computer.
- 10.5 In the event that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Website, you do so at your own risk.
- 10.6 Additional charges may be payable to third parties for use of the software necessary to view the Website. You are responsible for paying these charges.
- 10.7 The Company shall not be liable to you in the event that the Company cannot provide any Services to you due to an event beyond our reasonable control, including without limitation events such as fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that the Company is prevented from providing any Services by such an event, the Company will take all reasonable steps to try to reinstate the provision of the Services to you as soon as is reasonably practicable.
- 10.8 The Company shall not be liable to you for any data that you lose whether as a result of accessing the Website or otherwise. It is your responsibility to save and backup all data which you hold on the computer from which you are accessing the Website.
License
- 10.9 The Company is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 10.10 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference.
- 10.11 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us.
Service access
- 10.12 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
- 10.13 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
Visitor material and conduct
- 10.14 Other than personally identifiable information, which is covered under our Privacy Policy (http://www.cash4phones.ie/privacy-policy.aspx) any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its Connected Persons shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- 10.15 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and the Company will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Links to and from other websites
- 10.16 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
- 10.17 You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission without notice.
- 10.18 The Company expressly reserves the right to revoke the right granted in Condition [10.17] for breach of these Conditions and take any action it deems appropriate. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its Connected Person for breach of Condition [10.17].
Disclaimer
- 10.19 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
- 10.20 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Conditions, might have effect in relation to the Website.
- 10.21 If you act in any way in breach of these Conditions in their entirety, your right to use the Website will cease immediately.