iPhone Repairs & Spares LTD Ltd trading as “cash4apples”
Terms & Conditions
1.1 Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.
1.2 In this Agreement, unless the context requires otherwise: “Agreement” means this contract, “cash4apples” means iPhone Repairs & Spares LTD.
Registered Trading Address:
IPHONE REPAIRS & SPARES LTD
THE HISTORIC DOCKYARD
Registered in England Company Number 6988263.
“Customer” means a person or organisation that sells Goods to cash4apples
“Goods” mean chattels real (movable property) bought, sold or exchanged between a Customer and cash4apples for which a valid and legible proof of purchase exists.
2.1 This Agreement is applicable for all non-mail order transactions with cash4apples. Mail order and internet transactions are pursuant to additional terms and conditions available upon request.
2.2 The contract between cash4apples and the Customer in respect of the Goods comes into existence when the Customer’s order has been accepted by cash4apples (or vice versa) in accordance with this Agreement
2.3 This Agreement shall not be altered, modified or varied unless expressly agreed to in writing and signed by a Director of cash4apples.
2.4 This agreement does not affect your statutory rights.
3. Price & Goods description
3.1 All price lists, catalogues, advertising matter or similar materials issued by cash4apples are indicative only as to the range of Goods available from time to time and information contained therein shall not be binding on cash4apples.
3.2 cash4apples reserve the right to amend quoted prices and delivery charges at any time prior to invoice.
4. Payment & title for Goods sold by customer
4.1 All goods are to be paid for in full at the mutually agreed earliest convenience of cash4apples and customer following a successful test by cash4apples testing staff only.
4.2 Payment(s) will be made to details provided by the customer at the time of account creation. Cash4apples accept no responsibility for any incorrect supplied bank details. Furthermore, cash4apples will not re-submit any payment made to incorrectly supplied bank details, unless in receipt of returned funds.
4.3 Cash4apples reserve the right to request proof of ownership (Contract Agreement), personal identification (Photo Driving Licence, Passport) and two documents providing details of residence, prior to any final sale agreement.
4.4 Title of Goods shall pass to cash4apples following successful testing by cash4apples testing staff and a purchase price having been agreed between cash4apples and the Customer.
4.5 Goods failing cash4apples tests or rejected by cash4apples for any other reason (but not paid for) will remain the property of the customer.
5. Testing of Goods
5.1 While cash4apples make every effort to look after Goods left by customers for test, they are left at their own risk.
5.2 Goods that fail testing or are rejected by cash4apples for purchase will be held for fourteen days for collection.
5.3 Goods not collected after 14 days may be disposed of by cash4apples at the expense of the customer.
6. Extra Expense caused by the customer’s default
6.1 If cash4apples incur any costs (including storage charges) as a result of the Customer’s neglect or default, the Customer must pay those costs in addition to the contract price.
7. Limitation of Liability
7.1 cash4apples liability whether in contract, tort or otherwise in respect of any defect in the Goods or for any breach of this Agreement or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Goods in question.
7.2 cash4apples shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from a breach of duty in contract or tort or any other way (including loss arising from cash4apples negligence). Non-Exhaustive illustrations of consequential or indirect loss would be:
(a) loss of profits;
(b) loss of contracts;
(c) loss of data;
(d) damage to property of the Customer;
(e) personal injury to the Customer or anyone else (but only so far as such injury is not caused by cash4apples negligence)
8. Proprietary rights
8.1 The Goods are sold subject to the rights of any person whether in respect of any patent, trademark, registered design, copyright, confidential disclosure or otherwise to prevent or restrict the sale or use of the Goods in any part of the world and the Customer will in this respect accept such title to the Goods as cash4apples may have.
8.2 The Customer hereby acknowledges their sole responsibility to comply with all terms and conditions of any licence attaching to Third Party Software supplied and delivered by cash4apples. The Customer hereby acknowledges that failure to comply with such terms and conditions may result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer hereby further agrees to indemnify cash4apples in respect of all costs, charges or expenses incurred by cash4apples as a result of any breach by the Customer of such conditions.
9.1 The failure of cash4apples to enforce or to exercise at any time or for any period of time any right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right
10. Force Majeure
10.1 cash4apples shall not be liable for any default due to any act of God, war, strike, lockout industrial action, fire, flood, drought, storm or other event beyond the reasonable control of cash4apples.
11.1 Any notice given under or pursuant to this Agreement may be sent by hand or by post or by registered post or by recorded delivery or transmitted by facsimile or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such other address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours.
12. Legal Provisions
12.1 The applicable law of this agreement is English Law.
12.2 The parties submit to the exclusive jurisdiction of the English courts.
13. Device Criteria
13.1 Working – Excellent Condition
Each device sold must meet the following criteria:
- Turn on and off.
- Device must be 100% functional, including WiFi, Bluetooth, GPS, GSM, camera’s, video/voice recording, making and receiving calls, gyroscope, compass, accelerometer, headphone ports, charging function, all speakers, SIM/memory card ejects mechanisms, all operating systems functions with no hardware or software errors.
- All buttons including power, volume, silent/mute switches must be working.
- Screen must be in working condition with no scratches, cracks or chips, dead pixels, bright/dark spots, blank screens, solid colour screen, no “leaking ink”, digitiser must not have any dead patches and must be fully functional, screen is not lifting or digitiser is not loose from the frame.
- No dents or scuffs with missing paint or colour affected.
- Must not have any bends in frame, chassis, case, housings, however slight.
- It must not be crushed, broken in half or bent in any way.
- Must not have 3rd party parts fitted and only have original genuine Apple parts fitted to device.
- Camera lens must be 100% clear with no cracks, missing lens, and all cameras working with no marks, spots or artefacts on camera display.
- Must include battery with at least 75% design capacity.
- Must not have suffered any liquid ingress or condensation including exposure to moisture in atmosphere (bathroom’s, sauna’s, swimming pool’s etc).
- Must not be iCloud locked, have activation lock or have any passwords.
- Must not be flagged as stolen or lost or have any outstanding finance.
- Device must be registered to a UK network or unlocked if device accepts a SIM card.
- Device must not be jailbroken or 3rd party unlocked.
- No missing parts or screws.
- No engravings.
- Devices not meeting all of the above requirements will be subject to a 25% deduction of the maximum estimated value.
13.2 Working – Poor Condition
Must be in as Working Condition but can include:
- Heavier wear and tear.
- One or two chips to screen no bigger than 3mm.
- One or two small dents to housing, chassis or frame.
- Must not have any missing parts, externally or internally.
- Must not be significantly bent or internally damaged.
- Can have working 3rd party, non-genuine parts fitted.
- Can have engravings.
13.3 Faulty Condition
- Broken screen including “leaking ink”, cracked glass, lines on display, no display image, faulty touch screen, dark/light spot/patches on LCD display.
- Not charging or battery not holding charge.
- Faulty buttons accepted.
- No sound from speakers or headphone port accepted.
- No GSM signal/WiFi signal fault accepted excluding any conditions set forth in clauses 13.6, 13.7, 13.8.
- Faulty or No Touch ID accepted.
- Faulty cameras accepted.
- Missing minor or small parts accepted not including any major part which would render the device useless.
13.4 Device Received In Any Other Condition
If your device arrives in a different condition to your original description we will contact you with a revised offer for your device. You have 14 days to accept or decline our revised offer. If you decline the revised offer, we will return your device for FREE. If you accept the revised offer we will carry on processing your payment for your device. If we do not hear back from you after 14 days of the revised offering being issued, we will assume you agree with the revised offer and continue processing your device.
13.5 Other accessories received
You may send any chargers, leads, cables, accessories, boxes to us for recycling but this will not increase quoted price for device.
13.6 Activation Locked Devices
- Cash4apples do not accept devices which have not been removed from iCloud, have Find my iPhone enabled or are subject to any other enabled iOS security features.
- Any device(s) inspected by cash4apples which has an Activation Lock, iCloud enabled, Find my iPhone on or any other security function enabled will automatically be revised to a reduced cost of £0.00.
- Should cash4apples be in receipt of such an item, the Customer will be informed and given 7 days to remove the security feature(s). Confirmation of removal should be made in writing to cash4apples once any security feature(s) have been removed.
- Should cash4apples not be in receipt of written confirmation from the Customer within 7 days informing cash4apples that security features have been removed, cash4apples will recycle your device responsibly and for free.
- Upon receipt of confirmation and within 7 days, Customer device(s) will be re-tested by a member of cash4apples testing staff to confirm that security feature(s) have been removed.
- Should cash4apples find security features have not been removed after 2 working days of Customer confirmation devices will be subject to a reduced cost of £0.00 and recycled free of charge.
- Should cash4apples find security features have been removed within 2 working days of Customer confirmation Goods will be subject to a revised quotation to reflect current device condition and network status.
13.7 Lost, Stolen Barred, Blocked Mobile Phones/Devices
- Cash4apples check the status of all devices against the National CheckMEND database (using the unique IMEI number). If a device is found to be red flagged by CheckMEND, it must be quarantined for 28 days whilst its status is reviewed. Any device(s) with a red flag indicate they are lost, stolen or barred/blocked on the CheckMEND database.
- As a recycler cash4apples are bound by their Code of Practice to report any and all failures of the CheckMEND test directly to them for investigation.
- If you are advised that your device has a red flag against it you will need to contact CheckMEND in order to review the status of your mobile phone/device. You will be advised of the procedure by a member of cash4apples staff.
- The purpose of quarantine period is to allow the rightful owner the opportunity to have the red flag removed in order that the device(s) can be processed appropriately.
- If, during the quarantine period the red flag is removed, the device will be processed and paid for as normal and will not be returned or destroyed. However, if after the quarantine period has expired the red flag has not been removed then cash4apples are required by law to dispose of it, the Customer will not receive any payment.
- UK legislation states that cash4apples cannot under any circumstances return or pay for any device(s) during this 28 day period, to do either would risk offences under The Theft Act or Proceeds Of Crime Act.
13.8 Liquid/Water Damaged Condition
- Any device(s) exhibiting liquid/water damage, however small, and does not indicate by Liquid Damage Indicator, will result in cash4apples revaluing the item at a reduced cost of £0.00.
13.9 Dead/No Power On Devices
- Any device(s) that do not power on or are dead, will result in cash4apples revaluing the item at a reduced cost of £0.00.
14. Your Personal Data
- The Customer agrees that the sale of their device to cash4apples releases us from any claims, losses or damages with respect to the device, any data stored or contained therein or on any media used in conjunction with the device (whether in the form of personal details, SMS, photos, games, songs or other data. Cash4apples accept no responsibility in relation to the security, protection, confidentiality, loss or use of such data and as such is the Customers responsibility to ensure so far as practicable that Data is removed from the device prior to sale.
- cash4apples advise that if a device is functional, all data, personal or otherwise is removed prior to sale. Please refer to manufacturer’s instructions on how to delete Data from your device.
- Should a device be non-functional and has a “remote wipe” function, then cash4apples advise the Customer attempt wiping the device prior to sale.
- If it is not possible to delete Data directly from a non-functioning device, the Customer, therefore, accepts the risk that it may still contain Data which may be accessible to any person who repairs the phone. This may include third parties to whom a device is sold to for spare parts.
- The Customer is responsible for cancelling any airtime contract linked to a device. Cash4apples are not responsible for any call costs arising before, or after, receipt of a device, or arising from any other circumstances whatsoever.
- Please ensure you remove your SIM card before selling your device. Cash4apples accept no liability in the event that a SIM card is received with a device and subsequent charges are incurred. The Customer will continue to be responsible for any and all associated charges. Any SIM card(s) received are non-returnable and will be destroyed.
15. Sending Mobile Phones/Devices
15.1 Free Post Pack
We offer a FREE, Royal Mail Special Delivery returns pack which includes insurance up to the value of £750 for any mobile phone/device sent to us. The free returns pack we send is a well-padded box with a Special Delivery label applied. Simply build the pack (instructions are printed on the box), insert your mobile phone/device into the padded box and seal. Take to a Post Office and ask for proof of posting. Should your mobile phone/device be valued at more than £750, we recommend adding additional insurance at your own cost. Do not include any accessories, cables, leads, sim cards, or any other item with the free post pack. Any other item received other than the mobile phone/device will be disregarded and destroyed.
- Our Freepost pack does not guarantee that the mobile phone/device will be received in the same condition as sent.
- We will not be liable if the mobile phone/device is subject to loss or damage before receipt at our address.
- If total orders valuations are over £750, we recommend adding additional insurance at your own expense.
- You send your mobile phone/device at your own risk.
- We will send you a reminder by email or will call you if we have still not received your mobile phone/device within 7 days of your sales pack order.
- We do not receive deliveries on weekends and bank holidays.
15.2 Returning Mobile Phones/Devices to you
If you decline a revised offer, we will send back your mobile phone/device free of charge using Royal Mail Signed for at our expense. If for any reason your mobile phone/device is returned to you, you retain responsibility for risk in the mobile phone/device and we shall not be responsible for any damage or loss in transit. If Royal Mail cannot deliver the mobile phone/device, we will ask them to return it to our Head Office and we will contact you by email to check your address. Once we receive confirmation that the address is correct we will resend the mobile phone/device. If a mobile phone/device is returned to us for a second time or if we have emailed you and we do not receive a response within 14 days, we will treat the mobile phone/device as our property, retain it and process the sale and will send you payment at the lower, revised mobile phone/device value.