Terms & Conditions
This website is operated by WeBuyAnyGadget.com. Using this website at WeBuyAnyGadget.com indicates that you accept these terms regardless of whether or not you choose to register with us or order from us.
Please read these terms and conditions carefully before posting your handset(s). You should understand that by posting your handset(s) you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to proceed with a sale order. You should keep a copy of these terms and conditions for future reference.
We may revise these terms and conditions from time to time by updating this posting. We therefore strongly advise you to carefully read through these terms and conditions whenever you browse or otherwise use this website or submit any information to us.
For the purpose of these conditions:
'WeBuyAnyGadget.com' or 'us' or 'we' refers to the owner of the website WBAG Ltd, a company incorporated and registered in England and Wales (company number 11161524) - address:
20-22 Wenlock Road
'you', 'your' means you - a person or entity who wishes to use, uses or has used this website to place a sales order via our website;
While we endeavour to ensure that this Website is normally available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It will be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
PRIVACY AND DATA PROTECTION
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our site is only intended for use by people registered with us and resident in Great Britain and Northern Ireland. At our complete discretion we may accept or reject orders from people outside of these territories.
You must own all rights, title and interests in any phone(s) that you send to us.
Ownership of the phone(s) will pass to us when we receive the phones, in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, a contract will be formed.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
CANCELLATION (COOLING OFF PERIOD)
You may cancel the contract with us at any time up to the time when you send us the phone ("cooling-off period"), provided:
- the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
- you are a natural person acting outside the purposes of any business; and
- you must notify us in writing, or by emailing us within 7 calendar days of your "sell order" and prior dispatch of our payment to you in exchange for your goods.
When cancelling during the cooling-off period, you need not give us any reason for cancelling the contract, nor will you have to pay any administration charges.
We may cancel the contract, if upon delivery to us, the phone(s) do not conform to your description and or, they do not meet the terms and conditions which formed part of the contract.
Other than if the phone does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sent your phone(s) to us (outside the "cooling-off period").
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
REGISTRATION FOR CONSUMERS
By placing an order through our site, you warrant that
- You are resident in Great Britain or Northern Ireland.
- You are accessing our site from that country.
- You are legally capable of entering into a binding contract.
- You are the registered & legal owner of all the goods submitted during the sales order.
- You have 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.
- You are acting on your own behalf and without duress and not for the benefit of another person.
- The Goods do not suffer from any physical defects or problems that have not been disclosed in the submitted Sales Enquiry.
- The information provided by you during the registration is true and accurate in any and all respects.
- Your possession of the Goods does not result from any illegal activity in the United Kingdom or in any other country.
- 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.
- You are at least 18 years old.
- If you are under 18 years of age, you must have obtained a parent's or a guardian's consent to sell the phone to us for the sum indicated via this website.
- You and your parents or guardians release us of any liabilities or claims that may arise if you send the phones 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.
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.
REGISTRATION FOR BUSINESSES
By placing an order through our site, you warrant that:
- You are authorised to act on behalf of the registered business; and
- You are based 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.
HANDSET BACK PROMISE
A reduced price will apply to mobile phones which do not meet the below criteria for a Brand New, Working and Non-working mobile phone condition. This will be on a case by case basis and we shall contact you and give 72 hours to accept our revised price offer or to arrange for the return of your item for free of charge. You have the right to reject this offer at any time within 72 hours period.
If after 72hours we haven't heard from you we shall automatically make this adjustment and process the payment.
Unfortunately for some phones we are unable to accept due to their poor condition or a major fault so are unable to offer a payment for them. In these circumstances to claim your handset back there is a £10 admin charge due to the handset needs to be reclaimed back within 7 working days and under no circumstances will any handsets be returned after this period. This is important that you make sure that the handset(s) you send in meet our requirements to avoid disappointment.
Any stolen, blocked, counterfeit or fake devices will be held by WeBuyAnyGadget.com and reported to the police. No payment will be made and the device(s) will not be returned.
Any devices that are sent to WeBuyAnyGadget.com and do not have a cash back value will be recycled in the greenest possible way.
Prices offered on our website are subject to change at any time without prior notice.
When your order has been placed, the prices quoted are guaranteed for 7 calendar days. (This is the date on which we send you a confirmation letter and Freepost envelope or from the date that you print a freepost label). If your phones are received after 7 calendar days from the "issue letter date" the up-dated, current prices will apply.
If the device(s) received differs to the device(s) registered on-line, the order will be processed based on the device(s) received, not the device(s) registered.
MOBILE PHONE CONDITION
Any mobile phones sent to us that are not listed on the website and are over 4 years old will be automatically recycled appropriately. These mobile phones cannot be returned under any circumstances.
We recommend you take note of your IMEI number in case there is a problem with your order. Your IMEI number can be found at the back of your phone under the battery or by typing in *#06#
Each mobile phone sold should match the make and model in the sale order and meet the following conditions:
BRAND NEW BOXED
To receive the full value of your new mobile phone is dependent on ALL of these conditions being met below:
- The phone must be in perfect working order with NO faults and completely unused (deleted calls and data can still be located).
- The device must be original (UK/European spec) and meet the manufacturer's original specifications.
- The phone should not be at any case a refurbished /reconditioned, an insurance replacement or a counterfeit.
- The phone should not have its sim or memory card glued in.
- There must be no calls or "personal data" saved on the phone and call timer must be zero.
- No calls have been made or received or else phone is classified as used.
- The phone must not have any marks or scratches on the body or screen.
- All protective screen seals must not have never been removed and show no signs of use.
- The box of the phone should be of original manufacturer, not generated or white box and it should not be damaged, ripped or damaged in any way.
- The IMEI on the box must match that on the phone (damaged or missing IMEI stickers are not permitted).
- All unopened accessories (battery, mains charger, headphones) and user manuals etc. must be supplied and be completely unused and brand new.
- The memory card, stylus, etc. should be included if one was supplied by the manufacturer of service provider.
To receive the full value of your used mobile phone it should:
- The phone must switch on and off.
- The phone must make and receive phone calls (without limitation i.e. No Signal Problems).
- The phone must not have any security codes or pin codes assigned to it.
- The phone should not have the sim or memory card glued in.
- All functions must work (e.g. Bluetooth, Camera, Wireless etc.).
- The phone must be complete with battery cover and body, and include stylus where applicable.
- The integral body work should have no cracked, missing plastics / metals and there should be no missing buttons or parts.
- The body works should not be hanging off the main body of the phone in any way.
- The slider mechanism must function correctly where applicable.
- The LCD must be intact and working correctly with no lines or fading/missing pixels.
- The LCD must be working and power up correctly and fully beyond the network 'Welcome Note', the screen intact with no cracks.
- The phone should not have liquid damage.
- A white screen does not constitute a working phone.
- If the phone has a touch screen it should be fully functional.
- The battery should be included and hold charge (please have the battery charged fully).
- Basically the phone must have no faults to be paid the "working price".
- iPhones must be of UK origin and not have been jailbroken / unlocked and have no pin codes. The back housing must also be intact and not cracked.
If you submit a sale order with a phone that you have classed as "Brand New Boxed" and we test and find that the phone is not "brand new boxed", we shall tell you this and supply you with the fault reason and a revised price for your phone by e-mail & text. You will have 7 calendar days to accept or decline our offer by emailing us with subject Accept/Decline Revised Price. If you do not reply within 7 calendar days we shall process your order at the revised price.
If you submit a sale order with a phone that you have classed as "working" and we test and find it to be faulty, we shall tell you this and supply you with the fault reason and a revised price for your phone by e-mail & text. You will have 7 calendar days to accept or decline our offer by emailing us with subject Accept/Decline Revised Price. If you do not reply within 7 calendar days we shall process your order at the revised price.
If a non-working phone is received that has any of the above non-working faults no money will be paid at all for the phone and we shall tell you this via email. You can request the phone back within 7 calendar days of the email. After the 7th day period the phone will be recycled for you for free.
If you request a phone back that has failed testing (previously classified by you as brand new boxed or working and it is faulty) we shall return it for FREE.
LOST, STOLEN AND BARRED MOBILE PHONES
We support CheckMend, a crime protection database created to track lost, stolen and barred mobile phones. If we receive any mobile phones that are registered on their database as lost, stolen or barred they will be disposed of unless proof of ownership can be supplied.
Suitable proof of ownership would be documentation such as supplier contract or written confirmation from the Police showing that the IMEI is incorrectly registered as lost, stolen or barred. The documentation would need to show that the matching unique IMEI number of the mobile phone sold is your property. The block will also have to be removed by Checkmend. Upon receipt of this information and the block removed by CheckMend. We can return the mobile phone to you after an administration fee of £20.00 is paid.
If we do not receive such documentation from you within 28 calendar days your mobile phone will be disposed of.
If you feel the information held by CheckMend is incorrect please email CheckMend at firstname.lastname@example.org or call them on 08700 112 850 with all the details including the IMEI number and they will assist you.
If we find the model you have sold to us is not the same as the one you sent we shall confirm the correct model of mobile phone by email for you to accept a revised offer. If we do not hear from you within 7 calendar days we shall automatically make this change and process your payment based on the correct model.
COUNTERFEIT MOBILE PHONES
Counterfeit mobile phones are manufactured to resemble product manufactured by another company and are in breach of Copyright. Counterfeit phones will not be returned and will be disposed of in accordance with best practice.
PINS AND PASSWORDS
If your phone has a PIN or Password you must remove them before sending the phone to us. We shall endeavour to contact you for the PIN or Password if we cannot test your phone due to the PIN or Password. If we do not receive any reply from you in 2 working days we shall process the phone with a reduction as we cannot test its full function.
MEMORY CARDS & DATA
We shall not accept any responsibility for the security, protection, confidentiality or use of data. By sending your mobile phone to us you agree to release us from all and any claims, losses or damages with respect to the data stored or contained therein or on any media used in conjunction with the mobile phone. Any data found on any phone will be deleted upon testing.
We shall not accept any responsibility if SIM cards are sent with the mobile phone and any charges are incurred before or after receipt of your mobile phone.
Where possible we endeavour to make all payments within 48 hours of receipt of mobile phone, subject to mobile phone being tested and meeting our terms and conditions. At busy times of the year we cannot guarantee payment within this period, please allow up to 7 working days (excluding weekends and national holidays). Please ensure your details are correct as we shall not recall or reissue any payments once made. All payments are non-transferable and we reserve the right to withdraw offers without prior notice.
Upon making payment, all ownership rights for the product will transfer to WeBuyAnyGadget.com, hence completing the sales contract.
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.
If you have chosen to be paid via PayPal you must have an active PayPal account. We do not take responsibility for customers that enter incorrect PayPal account details. Please note, you will not be charged any Paypal fees at your end and it's the fastest method of getting paid. We shall not under any circumstances recall or reissue Paypal payments once made.
Cheque payments will be issued to the name and address provided when you submitted your order. Cheques will be sent via Royal Mail 1st class post, with 3-4 working days delivery schedule (excluding weekends and national holidays). We shall 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.
POSTING YOUR PHONE(S)
We provide a Freepost service which is a standard and uninsured service. (We don't send out envelopes or Jiffy bags as this slows down how quickly we can pay you for your mobile phones.) Should you wish to take advantage of our standard Freepost service, you can either put the package in the post yourself or take it to your local Post Office where you can ask for a proof of posting receipt. Insurance is provided where a proof of posting receipt is obtained, however, we are not liable for this insurance and it is your responsibility to familiarise yourself with the details of insurance levels provided by the Post Office.
To use our FREEPOST service:
Print your order sheet or write your order number, name, email address and telephone number clearly on a piece of paper and include this with your mobile phones in a secure Jiffy bag, well padded envelope or box.
Send your mobile phones using one of the methods below:
Special Delivery is available at your nearest Post Office, will cost a few pounds but insures your mobile phones up to a value of £500 against loss or damage. This is the method WeBuyAnyGadget.com recommends to ensure your mobile phones arrive safely.
PO Box 115
It is your decision and responsibility to provide additional protection/insurance on postage. In the case of high value phones, we would recommend using either a Recorded or Special Delivery service; however, which service you choose is at your total discretion. Your local Post Office can give you further information on these services and will confirm associated insurance limits.
We shall not be responsible or liable for phones lost during the postal process. We become responsible for your phone once received at our premises and therefore we recommend that you take advice from your local Post Office with regards to proof of posting and insurance.
POSTAL DAMAGE AND LOSSES
WeBuyAnyGadget.com do not take any responsibility for the loss or damage to mobile phones before receipt at our address. We strongly recommend that all our customers pack their mobile phone to ensure physical protection to minimise the risk of damage.
The freepost address/service does not guarantee that the mobile phone will be received in the same condition as when it was sent. In addition we suggest that all mobile phones sent to us come by Special Delivery or a traceable courier service with compensation. In the event that a package is received in a damaged state at our address, the damaged package will be returned to the customer in order that they can make a claim for the loss directly from Royal Mail. By sending the package back to the customer WeBuyAnyGadget.com does not guarantee that the claim will be successful and WeBuyAnyGadget.com cannot take any liability for any claims which are refused by external parties. For more information about making claims with Royal Mail, please visit www.royalmail.com.
To keep you informed about your order we shall send emails and text messages (if option selected) notifying you about progress. We guarantee that all email notifications are sent successfully but cannot accept responsibility for any emails which are not received successfully, where the email address is incorrectly spelt or that are redirected or deleted by spam filters.
We are unable to return mobile phones that are sent to us and are accepted at full price or after a customer accent's a mobile phone value at a lower price.
We reserve the right to inform the relevant authorities if there is any suspicion that there is a deliberate attempt to perpetrate fraud.
We reserve the right to claim any money paid to consumers or business if it is discovered that at any point after the payout that the phone is reported lost, blocked or stolen by the seller of the phone.
LICENCE & INTELLECTUAL PROPERTY
You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text; and
any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
VISITOR MATERIAL AND CONDUCT
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the WeBuyAnyGadget.com logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that we are endorsing any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false information about us;
you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted as per the above conditions if breach is committed or when we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause
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.
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.
If you act in any way in breach of these Conditions in their entirety, your right to use the Website will cease immediately.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our 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 Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, 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 Website or your downloading of any material from this Website or any websites linked to this Website.
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 Website 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 Website, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
We shall not be liable or responsible for any failure to perform, or delay in performance or, 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.
We reserve the right to refuse to purchase any items and to limit the number of purchases that are honoured to any customer at our sole discretion.