Terms and Conditions
Please read the following terms and conditions of purchase before you submit your equipment on our website for a quotation or offer to sell your equipment to us. When you submit equipment to us, you agree to be contractually bound by these terms and conditions, although no Contract for sale is established until the process in clause 2.5 has occurred.
If you have questions about these Conditions or the Contract please contact us by sending an email to email@example.com.
We are DK Business Holdings Ltd (trading as Boost Gadgets), a company registered in England and Wales with registration number 12539373 whose registered office is at Unit 4, Wensley House, 9 Purdeys Way, Purdeys Industrial Estate, Rochford, SS4 1ND.
This sets out your legal rights and responsibilities and our legal rights and responsibilities. These Conditions only apply to consumers.
1 DEFINITIONS AND INTERPRETATION
1.1 In these Conditions the following definitions apply:
Condition Criteria: means our condition criteria for the purpose of providing quotations for Equipment as set out on our website;
Conditions: means Boost Gadgets' terms and conditions set out in this document;
consumer: means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession;
Contract: means the agreement between you and Boost Gadgets for the sale and purchase of Equipment incorporating these Conditions;
Equipment: means the equipment that you enter details of into our website and to be supplied by you to Boost Gadgets in accordance with the Contract;
Boost Gadgets: means DK Business Holdings Ltd (trading as Boost Gadgets), a company registered in England and Wales with registration number 12539373 whose registered office is at Unit 4, Wensley House, 9 Purdeys Way, Purdeys Industrial Estate, Rochford, SS4 1ND;
Price: has the meaning given in clause 3.1;
VAT: means value added tax under the Value Added Tax Act 1994 or any other similar sale or fiscal tax applying to the sale of the Equipment.
1.2 In these Conditions, unless the context requires otherwise:
1.2.1 a reference to “we”, “us” or “our” means Boost Gadgets; and
1.2.2 a reference to “you” or “your” means the person (being an individual) using our website, returning Equipment to us subject to these Conditions, or agreeing to sell Equipment to us under a Contract.
2 APPLICATION OF THESE CONDITIONS
2.1 These Conditions apply to and form part of the Contract between you and Boost Gadgets for the exchange of mobile phones and other equipment, and apply to you sending such items to us prior to a Contract being formed. They supersede any previously issued terms and conditions of purchase or supply.
2.2 When you enter the details of the Equipment on our website, we shall provide a quotation to purchase such Equipment from you, based on the Condition Criteria you select. The Condition Criteria applicable to all orders is visible on any 'sell my...' product page on our website. More detailed information can be read here. A quotation shall be an invitation to treat. If you agree the quotation, you shall confirm this to us and we will send you the means to post your equipment to us. You can then send the Equipment to us.
2.3 When Equipment is returned to us, you agree to be contractually bound by these Conditions, and we will provide an updated quotation based on our Condition Criteria (which shall be entirely at our discretion). If there is a lock on any device, we will contact you to ask for such details. If you do not respond within 14 days or we are otherwise unable to unlock the device, we shall return the Equipment to you. Should you not accept the updated quotation you shall communicate this to us within three days of the updated quotation being made. Unless you communicate to us that the updated quotation is not accepted within the three-day period, your non-response shall be deemed an offer to sell the Equipment subject to the Contract including these Conditions. If you communicate to us that you do not accept the updated quotation within such timescale we shall return your Equipment to you and shall despatch such Equipment within seven days of your rejection of the updated quotation.
2.4 An offer may be withdrawn or amended by you at any time before acceptance by us. If you withdraw an offer you may request an updated quotation or the return of the Equipment to you.
2.5 Acceptance of an offer by us shall occur when we confirm your offer has been accepted. Acceptance shall be entirely at our discretion. At this point the Contract is formed.
2.6 Quotations shall be valid for 14 days. For a quotation made in accordance with clause 2.2 to be valid, we must receive such Equipment within 14 days of that quotation being made.
2.7 We are under no obligation to provide a quotation or accept your Equipment, which shall be entirely at our discretion. We only accept Equipment from consumers (and not businesses) and each individual may send a maximum of five pieces of Equipment to us in any six-month period.
3.1 The price for the Equipment shall be as set out in the updated quotation as set out in clause 2.3 (or, if no updated quotation is provided within 14 days of our receipt of the Equipment, the quotation provided in accordance with clause 2.2) (Price).
3.2 All Prices are fixed.
4 CONDITION CRITERIA
4.1 After Equipment is returned to us, we will check the condition of such equipment in accordance with our Condition Criteria. We may then provide the updated quotation in accordance with clause 2.3, or confirm the original quotation in accordance with clause 2.2, or refuse the Equipment and return your Equipment to you. We shall communicate this to you within 7 days of receipt of the Equipment.
4.2 The application of the Condition Criteria shall be entirely at our discretion (and shall be based on the Equipment as it is when received by us, and not as it was when sent by you). If we receive Equipment or items that are not the same as the Equipment you provided us details of initially, we may provide an updated quotation for the actual items received or refuse the Equipment. Our decision with regard to the same shall be final.
4.3 We may need to physically open up the Equipment in order to assess against the Condition Criteria. If you require the Equipment to be returned in accordance with these Conditions, the Equipment shall be returned in the same or better physical condition than when it was received by us. If we are unable to safely open up the Equipment without causing damage, we will contact you to ask if you authorise us to do so (in which case this clause 4.3 shall not apply as to its returned condition). If you do not respond within 5 business days or we are otherwise unable to open up the device, we shall return the Equipment to you.
5.1 We shall aim to process payment within seven days of our acceptance of your offer as set out in clause 2.5.
5.2 Payment shall be made to the account details that you provided when you entered details on our website. We shall not be liable for any losses you incur by entering incorrect details on our website.
5.3 Any applicable VAT shall be included in the Price.
6.1 You shall be responsible for delivering your Equipment to us, in accordance with the delivery instructions we provide when we issue a quotation. We shall provide the means to return Equipment to us for free, but the cost of more secure or faster delivery shall be borne by you (and we shall not be liable to reimburse you for such sums if you withdraw an offer or cancel the Contract, or if we refuse the Equipment or do not accept your offer).
6.2 You shall be responsible for ensuring that any Equipment is able to be sent safely within Royal Mail’s terms (including with regard to lithium batteries). If this is not possible please contact us for further assistance.
6.3 If you do not accept a quotation or withdraw an offer, we shall return the Equipment to you at your cost.
6.4 Delivery (whether to us or a return to you) shall be deemed complete when the Equipment arrives at our address or your address (as applicable).
6.5 We shall aim to despatch returned Equipment to you within seven days, but time shall not be of the essence. If delivery fails twice then the third delivery shall be at your cost.
7 TITLE AND RISK
7.1 Risk in the Equipment shall pass to us on completion of delivery to us (unless there is a breach of clause 8.2 or clause 9.1). Equipment that is damaged in transit to us shall not be our responsibility and may result in a lower quotation or our refusal of your Equipment.
7.2 Risk in the Equipment shall pass back to you on completion of delivery when we return Equipment to you.
7.3 While we provide the means of returning Equipment to us at no cost to yourself, which shall include limited insurance cover up to the standard Royal Mail tracked parcel service, we do recommend that you return Equipment that carries significant value to us using special delivery with cover up to the value of the Equipment. We do not accept liability if Equipment is lost or damaged by third party delivery providers. If Equipment is damaged using the delivery means that we provide, you will need to make a claim against the third party delivery provider. We are unable to claim on your behalf as we are not the legal owner of the Equipment.
7.4 Title to the Equipment shall pass to us when we process payment.
7.5 The passing of title shall not prejudice any other rights and remedies we may have.
7.6 You warrant and represent to us that:
7.6.1 you have at the time you send Equipment to us, clear and unencumbered title to the Equipment, and the full, clear and unencumbered right to sell and deliver it to us; and
7.6.2 hold such title and right to enable you to ensure that we shall acquire a valid, unqualified title to the Equipment and shall enjoy quiet possession of it.
8.1 You warrant and represent that:
8.1.1 you are authorised to sell the Equipment;
8.1.2 you are over 18 years of age and are resident in the United Kingdom; and
8.1.3 you are a consumer (and not a business or acting on behalf of a business).
8.2 You warrant and represent that any Equipment you send to us is not stolen and acknowledge that selling such Equipment may be a criminal offence.
8.3 We will check all Equipment against lost and stolen property databases (at our discretion) and will notify you if we find any record of such Equipment that indicate it is lost or stolen. In this scenario, we will suspend the process set out in clause 2 for 30 days. You will be required to contact the database in question to resolve such matter and otherwise prove to us that you are the legal owner of the Equipment.
8.4 If any ownership query cannot be resolved, we are required by law to retain the Equipment, pass it over to relevant law enforcement agencies or destroy it. By sending your Equipment to us and agreeing to be contractually bound by these Conditions, you agree to us doing this. We will not pay you any amounts for the Equipment in such scenario. If we have sent you any payment for the Equipment, you shall return such payment to us within three days of us requesting in writing.
8.5 You expressly agree that we may pass your details to relevant law enforcement agencies or other relevant third parties (including mobile network providers and insurers). You will cooperate fully with us in any such circumstances. The purpose of passing such data to third parties is the prevention of crime.
9 YOUR RESPONSIBILITIES
9.1 You confirm that it is your responsibility to:
9.1.1 remove any data from the Equipment and wipe the Equipment of any data prior to sending it to us;
9.1.2 remove any SIM cards from the Equipment prior to sending it to us;
9.1.3 cancel any airtime contracts prior to sending it to us.
9.2 If you do not perform your responsibilities in accordance with clause 9.1, we shall not be responsible for any loss of data when we wipe the Equipment or for any charges you incur from third parties (including airtime). You acknowledge that we may wipe any device as soon as we receive it (even if a Contract for sale has not been formed).
9.3 While we shall attempt to wipe any device, we are not responsible for any data that is unable to be removed. It is your sole responsibility to ensure that devices are returned to us with no data (including personal data) remaining.
10 LIMITATION OF LIABILITY
10.1 The extent of the parties’ liability under or in connection with these Conditions (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 10.
10.2 Subject to clause 10.5, our total liability shall not exceed the value of the Equipment.
10.3 Subject to clause 10.5, we shall not be liable for consequential, indirect or special losses.
10.4 Subject to clause 10.5, we shall not be liable for any of the following (whether direct or indirect):
10.4.1 loss of data;
10.4.2 loss of use;
10.4.3 loss of savings, discount or rebate (whether actual or anticipated); and
10.4.4 harm to reputation.
10.5 Notwithstanding any other provision of these Conditions, the liability of the parties shall not be limited in any way in respect of the following:
10.5.1 death or personal injury caused by negligence;
10.5.2 fraud or fraudulent misrepresentation; and
10.5.3 any other losses which cannot be excluded or limited by all applicable laws.
11 FORCE MAJEURE
11.1 We shall not be liable if delayed in or prevented from performing our obligations due to events outside our reasonable contract, or due to compliance with legislation or regulations, provided that we:
11.1.1 promptly notify you of such event and its expected duration; and
11.1.2 use our best endeavours to minimise the effects of that event.
11.2 If, due to events set out in clause 11.1, we:
11.2.1 are or shall be unable to perform a material obligation; or
11.2.2 are delayed in or prevented from performing our obligations for 14 days,
you may terminate the Contract on immediate notice.
Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions or the Contract in relation to our obligations.
We may assign, subcontract or encumber any right or obligation under these Conditions or the Contract, in whole or in part, without your prior written consent.
14 GOVERNING LAW AND JURISDICTION
14.1 These Conditions and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
14.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract.