Terms and Conditions
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) and/or devices (inc. Tablets, Watches, Gaming and Laptops) that you send to us.
Ownership of the device(s) will pass to us when we receive them, 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.
You may cancel the contract with us at any time up to the time when you send us the device ("cooling-off period"), providing:
- 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.
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. To cancel the contract you must notify us in writing. Other than if the device does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sent your device(s) to us (outside the "cooling-off period").
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE DEVICE(S) TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
By placing an order through our site, you warrant that:
- You are resident in Great Britain or Northern Ireland; and
- You are accessing our site from that country; and
- You are legally capable of entering into a binding contract; and
- You are at least 18 years old; or
- If you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your device to us for the sum indicated via our website.
You and your parents or guardians release us of any liabilities or claims that may arise if you send the device 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.
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.
Each device (inc. Tablets, Watches, Gaming and Laptops) sold should match the make, model, memory and network in the sale order and meet the grade conditions shown on our sale page which can be found at thetechout.com/sell/ All Watches, Gaming and Laptops must come with chargers/leads and all genuine fully working accessories.
By submitting an order through our site you warrant that the phone(s) and/or devices(s) comply with these terms.
If a phone/device fails to meet our terms and conditions we'll propose an adjusted price by email. If you choose to decline our new offer, we are happy to return the phone. We have the final decision on all phone values. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 7 days.
Data Risks and Precautions - Important
Please remember that by sending your device to us, you agree to release us from all and 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 ("Data")). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure so far as practicable that Data is removed from the device prior to you sending it to us.
Although in our experience the risk of Data left on your device being accessed by us or by any third party to whom we subsequently sell the device are very low, we draw to your attention the following points which will help you decide whether to accept the risk of selling us a device which may contain accessible Data.
If your device is functional, you must, without fail, delete all personal data from the device prior to sending it to us.
If your device is non-functional and has a "remote wipe" function, then we strongly advise that you attempt wiping the device prior to sending it to us.
If your non-functional device cannot be data wiped but has a PIN lock (a password or combination which needs to be entered to access the phone when switched on) then this will block third party access and mean that anyone repairing the device will be required to return the phone to its factory settings, in the process wiping the Data held on the device.
Please note it may not be possible to delete Data directly from a non-functioning device. If you send us a non-functioning device you are therefore accepting 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 we have sold the device for spare parts.
Please note that while (as stated above) we do not accept any liability in respect of the security, protection, confidentiality or use of Data included on any device, as a matter of practice we do not transfer any device to any third party except on terms which require them to wipe that Data.
Sim Card removal - Important
You are responsible for cancelling any airtime contract linked to each device. We are not responsible for any call costs arising before, or after, receipt of your device, or arising from any other circumstances whatsoever.
Please ensure you remove your SIM card before sending us your device. We accept no liability in the event that a SIM card is sent with a device and charges are then incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.
Lost or Stolen Mobile Phones and Devices
Selling a mobile phone or device which you do not own may amount to a criminal offence. The Techout support and adhere to the 'Stop Stolen Mobiles Being Recycled' code of practice set by the Home Office and the National Mobile Phone Crime Unit.
We will check the IMEI/Serial number of all mobile phones and devices received on the database of lost and stolen property records to ensure no lost or stolen items are purchased.
If a mobile phone or device is found to have a record that indicates it has been lost or stolen or we become aware of any other issue relating to its ownership, we will notify the seller by email and quarantine the mobile phone or device for an initial period of 28 days ("the Quarantine Period"). Payment for the mobile phone or device will be withheld by us until the CheckMEND record does not show the mobile phone as stolen or lost.
In such circumstances you will be required to contact CheckMEND to prove that you are the rightful owner of the mobile phone or device and have the lost or stolen records associated with it cleared within the Quarantine Period and/or resolve any other issue relating to its ownership.
If during the Quarantine Period the mobile phone or device is cleared on the CheckMEND database and any other issue relating to ownership of the same is resolved, your sale will be processed and paid for as normal.
However, where the mobile phone or device is not cleared on CheckMEND within the Quarantine Period, we will be required by law to hold onto the mobile phone or device, pass it to the Police or other law enforcement body or dispose of it, and by entering into this contract, you expressly agree to this action. You will not receive any payment if such steps are taken.
UK legislation states that we cannot under any circumstances return or pay for a mobile phone or device which is lost, stolen or recorded as such unless endorsed in writing by CheckMEND and by such you agree to pay any return costs involved.
If you have received payment from us for a mobile phone or device which we subsequently become aware of an issue relating to ownership, you agree to immediately reimburse us in full, within 3 business days following a written request by us, for any such payment pending an investigation by us or any law enforcement body into ownership of the device or mobile phone.
We shall be entitled to set-off any sums properly due and owing to us under any contract made between you and us incorporating these terms and conditions against any sums owed by us to you under the same or any other contract between us. We will inform you in writing of any set-off carried out by us pursuant to this provision.
If we at any time become aware of any issues relating to the ownership of the mobile phone or device, you agree to co-operate with us fully with a view to resolving the issues. You may also be contacted by the Police and/or other law enforcement authorities.
We may disclose seller details to the Police or other authorised bodies (such as, but not limited to, network operators and insurance companies) for the purpose of investigating or preventing a crime. By entering into this contract you agree to us supplying data to the police or other authorised bodies for the purpose of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property.
Prices offered on our website are subject to change at any time without notice.
All items are purchased using the VAT Margin scheme as per the HMRC used goods VAT rules.
When your order has been placed, the prices quoted are guaranteed for 14 days from the 'Order Approved' date. (This is the date on which we send you a confirmation letter and Freepost bag.) If your phones are received after 14 days from the 'Order Approved' date, the up-dated, current prices will apply.
Postage & Packaging
We have various posting options which include a freepost service. Phones and devices must be packaged in accordance with our packaging instructions to ensure safe and successful delivery to us.
As we are not the legal owner of the goods at time of you sending the device(s) to us, our ability to make claims on your behalf maybe impacted as a result.
We do not accept responsibility for loss of goods from third party providers, but will assist you (in the rare cases where this is required) where we are able.
For the avoidance of doubt, please note you will be covered up to:
- £100.00 Tracked 24 with Royal Mail
- We recommend if you have an order of significant value that you use the Royal Mail special delivery.
Registered deliveries should be sent to us at The Techout headquarters:
10 - 11 Queen Street
We offer an option of bank transfer and PayPal. You will be required to select a payment option when placing each online sell order. Unfortunately, this payment option cannot be changed once the order is placed.
When we receive your sale items, we will check that the sale is complete, and that it meets our terms and conditions. Providing it does, we will make payment to you, by bank transfer or PayPal within 48 hours of receipt (Monday to Friday, excluding public holidays). Same day payment does not apply to sale items received after 2pm and in events that are out of our control.
Bank Transfer Payments
Bank Transfer payments can only be made to the account details given when placing the online order. We cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.
Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
Apple and Google Activation Lock
If your device(s) is activation locked we will contact you with instructions on how to remove the lock. If you fail to respond to this email within 14 days we will automatically process the order at the amended price for Activation Locked phones which is £0.
If you reject an amended offer for your order we will return your device/s. Please allow 3-5 working days.
We reserve the right to charge a £14.99 return fee, to cover return postage and packaging, examples of this would be receiving devices with obvious faults under a working grade. Obvious faults would include, but are not limited to, broken screens/digitisers, broken backs, damaged housing, camera issues, sound issues, device condition, battery health and suchlike. The return fee extends to devices sent to us with passcode or account locks and are requested to be returned.
All returns are sent on a Tracked 24 service insured up to £100. Should you wish to increase the level of cover up to £500 there will be an additional charge payable of £8.50 please contact our customer service team before rejecting the offer to arrange this.
If the return fee of £14.99 is not received within 30 days of initiating the return process, we reserve the right to automatically process the order at the amended price of £0. It is the customer's responsibility to ensure timely payment of the return fee to avoid automatic processing at the amended price. For any concerns or inquiries regarding the return fee, please contact our customer support team.
Identification and Proof of Address Requirement
If the customer fails to provide the required identification and proof of address for sell orders exceeding £500, the order will be placed in quarantine. During this quarantine period:
Return Fee: The customer may request the return of the device(s) by providing proof of ownership. A return fee of £X will apply, which covers the costs associated with handling and processing the quarantined order.
Quarantine Period: The order will remain in quarantine for a period of 90 days. If the customer fails to provide the necessary documents within this timeframe, we reserve the right to automatically process the order at the amended price of £0.
It is the customer's responsibility to ensure timely compliance with these requirements. For more information on the return process and associated fees, please contact our customer support team.
Terms Of Website Use
1. Information About Us
www.thetechout.com is a site operated by Techceptional Group LTD. We are registered in England and Wales under company number 12847062 and have our registered office at 10 Riddell Avenue, Barnstaple, England, EX32 7AG
2. Accessing Our Site
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We decline all and any responsibility in the event you suffer any loss or damage following any unauthorised use or misuse of your password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of our terms and conditions.
2.4 When using our site, you agree that you will use our site only for lawful purposes.
2.5 You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.6 You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. Intellectual Property Rights
3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4. Reliance On Information
- Posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5. Our Site Changes Regularly
- We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We make every effort to ensure that all the information on our site is as accurate as possible at all times and in the event of an error we will endeavour to correct such error as soon as reasonably possible.
6. Our Liability
- The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of anticipated savings;
- loss of data;
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Information About You And Your Visits To Our Site
8. Viruses, Hacking And Other Offences
8.1 You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9. Linking To Our Site
9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.
9.2 You must not establish a link from any website that is not owned by you.
9.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these terms and conditions.
9.4 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
10. Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. Jurisdiction And Applicable Law
11.2 If we fail to exercise any of the rights or remedies to which we are entitled under these terms, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.3 If any of these terms are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term and these terms shall continue to be valid to the fullest extent permitted by law.
If you have any concerns about material which appears on our site, please contact [email protected] Thank you for visiting our site.