Terms & conditions
Selling Rules
Selling Products
All products sold to us are checked by our quality control team or a quality control team of one of our nominated partners during the quality assessment process. If your product(s) fail our quality assessment process it will be because the item that you have sent to us is NOT as you have described it when entering the details (providing the required information as prompted by us) of this item on our webservice(s), website(s) and/or mobile application(s) and therefore the information you have provided during the selling process to us does not match that gathered by our quality control team when reviewing the product(s) that you have sent to us.
Each product(s) that you sell to us should match, where applicable, and, including but not limited to the, make, model, size, colour and condition that you ascribe it when using our webservice(s), website(s) and/or mobile application(s) to sell your product(s) to/on SellMyTech. When we quality assess your product(s) at our premises, or in a place nominated by us solely, we will use the Condition Specifications given below, which were presented to you on our webservice(s), website(s) and/or mobile application(s) when you described the condition of the item to make sure that the product(s) you sent to us is as you described it on our webservice(s), website(s) and/or mobile application(s) when deriving a SellMyTech valuation/offer price for the item(s) you wish to sell. The Condition you described the product(s) to be in, when selling your product(s), to us on our webservice(s), website(s) and/or mobile application(s) directly affects the price we offer for it and if we determine the condition to be different from that which you described we may offer you a revised valuation. The prices offered to you by us are valid for seven (7) days from the date that they are offered to you and you complete a valid transaction on our webservice(s), website(s) and/or mobile application(s) and after that period you understand, accept and agree that should we not process your items at our warehouse within the period (ten (10) days) that the offer price is valid, that we may revalue your items. Details of what happens when we offer a revised valuation for product(s) are contained within these Terms and Conditions.
1. Meaning of Terms & Conditions
Important: Please Read
Please ensure that you have carefully and thoroughly read these Terms and Conditions before selling your items with SellMyTech. Please also ensure that you have read our IMPORTANT SELLING RULES, which explain when we will pay you a lower valuation or recycle your item without payment.
By clicking ‘I accept the offer’ and ‘SUBMIT & FINALISE ORDER’ when completing your transaction you confirm that you have read, accept and agree to be bound by these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, you will be unable to sell your items to SellMyTech.
We also recommend that you retain a copy of these Terms and Conditions for your records.
Definitions
In these Terms and Conditions, the following words will have the following meanings:
“Contract” means the contract formed between you and us as set out in these Terms and Conditions for the sale, recycling, or return of your Item, as applicable;
“Item” means each item which you wish to sell to us in accordance with these Terms and Conditions;
“Order Confirmation” means the email described in condition 7.2;
“Package” means the package, parcel or box that you send your Item to us in;
“Recycling” means the transfer of Items to a third party for recycling/waste disposal, at our cost.
“Tech” means mobile phones, audio devices, laptops, Kindles, tablets, games consoles, Wearables and Cameras, etc;
“Valuation” means the price offered for your Item(s), including (where applicable) any revised valuation provided by us in accordance with these Terms and Conditions;
“we/us/our” means SellMyTech;
“Website” means www.sellmytech.co.uk and also includes any other web-services or mobile applications on which you may sell your Items to us;
“Working Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“you/your” means you, the person using the Website and sending an Item to us to be purchased by us or recycled as set out in these Terms and Conditions;
We may vary these Terms and Conditions from time to time (in accordance with condition 23.10) and so we recommend that you check them regularly for changes.
These terms incorporate the Privacy Policy and the Terms of Website Use.
2. Company Information
2.1 SellMyTech is the trading name of SMT Commerce Ltd, whose registered office is 2 Providence Square, ST1 2LQ and is registered in England and Wales with Company Number 10546713.
2.2 We can be contacted on contact@sellmytech.co.uk for further information or support.
3. Use of SellMyTech
3.1 The Website has been developed for use by members of the general public only and not by businesses, organisations, co-operatives or traders (whether sole, market or otherwise).
3.2 By placing an order through the Website, you are confirming to us that:
a) you are an individual consumer who is legally capable of entering into binding contracts;
b) you are the legal owner or have the permission of the legal owner to sell Items to us;
c) you are at least 18 years of age or, if you are under 18 years of age, you have obtained your parent’s or guardian’s consent to sell your Items to us as set out in these Terms and Conditions;
d) you are based in the UK or Channel Islands; and
e) you are accessing the Website from the UK or Channel Islands.
3.3 Businesses, charities, schools or other organisations should contact our enquiries team for alternative schemes by emailing contact@cruisetech.co.uk.
3.4 We reserve the right at our absolute discretion to reject transactions which contain multiple Items (as defined above) of the same brand and model, and to reject repeat transactions that contain the same Items that have been traded before by you, from your account with us. By placing an order through the Website you acknowledge and agree that any such Items will not be paid for or returned and will be disposed of by us responsibly.
3.5 By placing an order through the Website you agree and expressly warrant that prior to selling your Items that no illegal activity has taken place on or in connection to the Item(s) that you are selling and furthermore agree and accept to fully indemnify SellMyTech against any potential action or action(s) whatsoever that may or may not be taken with regard to the sale of your Items in relation to, but not limited to, copyright and/ or intellectual property that might or may result from the sale of your products to SellMyTech.
3.6 You may only have one account per person. If you are found to have more than one account, we shall be entitled to immediately terminate your accounts and cancel any active orders and we may charge you a reasonable administration fee based on the costs incurred by us in doing so.
4. Privacy Policy
4.1 We are committed to protecting your privacy. Please ensure that you read our Privacy Policy by clicking here.
4.2 Our Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning your personal information or any queries with regard to our processing please contact us at contact@cruisetech.co.uk. The information contained in our Privacy Policy makes up part of these Terms and Conditions.
5. Selling Items
5.1 The only type of tech you can currently sell to us is Laptops, these Terms and Conditions will be updated appropriately when the range of tech we accept expands. We buy laptops that are either:
a) An option already in our form;
b) You have contacted us about and we have agreed to make you an offer for.
5.2 It is important to understand that you only send items which comply with the offer and for which you have accepted an offer. We will send you a Pack & Send Guide when we confirm your order.
5.3 When you sell an Item to us through our Website, the order process will work as follows:
a) You will be asked to select the brand, model (where applicable), RAM, SSD size (where applicable), HDD size (where applicable), Screen Condition, Overall Condition, Charger, and declare any damage.
b) You will be given a valuation for your Item (a “Valuation”);
c) If you are happy with your “Valuation”, you can then click “I accept the offer”. We recommend that you read the Important Selling Rules before confirming your order; by clicking “I accept the offer” you accept the terms and conditions listed here.
d) You will then be asked to provide your Item’s Serial Number.
e) You will then be asked to choose one of three options for getting your Item to us.
f) You will then be asked to provide your contact information.
g) You will then be asked to choose your preferred payment method and provide details as required by the chosen payment option.
h) You will then click ‘SUBMIT & FINALISE ORDER’
i) This will be followed up by a confirmation email, and details about sending your package to us, which will vary depending on the postage option you chose.
6. Valuations
6.1` The Valuation offered to you by us is valid for seven (7) days from the date that you place your order, subject to your Items passing our Quality Assessment. If your Items do not pass our Quality Assessment then we have the right to re-value your Items.
6.2 Our re-valuation procedure for Tech Items is set out in condition 15. It is very important that you read these sections and understand our rights to re-value your Items and how this may affect you.
6.3 Any Valuation that we provide to you is deemed to be our property. You must only use the Website’s valuation service to value Items that you own and are considering selling to us.
6.4 By placing an order on the Website, you are confirming to us that you understand, accept and agree that we will only provide payment based on Valuations that we have made and that no other valuations by any other method or source will apply.
7. Contract Formation
7.1 By clicking ‘I accept the offer’ and ‘SUBMIT & FINALISE ORDER’ you are offering to supply your Item(s) to us for the price set out in our Valuation.
7.2 We will confirm our conditional acceptance to you in writing by sending you an email that confirms that your order has been processed and the Item(s) should be sent to us (“Order Confirmation”) for Quality Assessment. Please note that any obligation we may have to pay for your Item(s) is conditional upon your Item(s) passing our Quality Assessment.
7.3 The Contract between us, which sets out your and our legal obligations to each other as set out in these Terms and Conditions, is formed when we send you the Order Confirmation.
7.4 Where there are a number of Items in an Order and acknowledged in the Order Confirmation, the agreement for the sale of each Item forms a separate contract between you and us. The contract for each Item is subject to that Item passing our Quality Assessment.
7.5 As payment for your Item:
– if your Item passes our Quality Assessment, we will pay you the amount of the Valuation; or
– if your Item does not pass our Quality Assessment, we may pay you the amount of our revised Valuation or we may arrange for your Item to be returned, as set out in conditions 15, 17, and 18.
If you do not agree to the Terms and Conditions dealing with revaluation and returning of your Item, then you should not place your order on our Website or send us your Item.
7.6 Nothing in these Terms and Conditions shall affect our right to revise the Valuation of your Item if your Item does not pass our Quality Assessment.
8. Cancellation
8.1 You have a legal right to cancel your Contract with us at any time, without giving any reason, within 14 days beginning on the day after your Contract with us is formed (this is the date of the Order Confirmation). This is called the “Cancellation Period”. However, please note that if you ask us to start providing services to you during the Cancellation Period you may lose your right to cancel the Contract after you have clicked ‘Confirm Your Order’.
8.2 It is important to note that where you select to use our FREE Courier Service, we begin to perform the services to fulfil the Contract at the point at which you click ‘Confirm Your Order’, at which point you may lose your right to cancel.
8.3 It is important to note that under all three postage methods, we begin to perform the services to fulfil the Contract at the point where we arrange courier/collection services for your Item(s), at which point you may lose your right to cancel.
8.4 Despite conditions 8.1 to 8.3 above, if you tell us you wish to cancel your order after we have begun providing the services, but before we have received and/or begun processing your Items, we will make efforts to ensure your order is cancelled. We cannot guarantee this, however, and you must be aware that once you click “Confirm Your Order”, conditions 8.1 to 8.3 will apply.
8.5 To exercise these rights please contact us on contact@cruisetech.co.uk. If you inform us that you no longer wish to send your Item, we will attempt to remove the relevant Item or order from our system so that we know you will not be sending your Item or Items. In those circumstances, you will not be entitled to any payment from us.
9. Ownership & Risk
9.1 Risk in each Item will transfer to us once you hand over your Items to our insured courier/collection provider. Should the item not be as described upon arrival, risk reverts back and is considered to have never transferred.
9.2 Title to (or ownership of) each Item will transfer to us only on the earliest occurrence of any of the following:
(a) the Item passing the Quality Assessment;
(b) after the Item fails the Quality Assessment, you accept our revised valuation for the Tech Item, as set out in conditions 15.27 and 16.12; or
(c) after the Item fails the Quality Assessment, the expiry of the Grace Period for that Item, as set out in conditions 15.8, 17.5, 17.6 and 18.5.
10. Sending Items
10.1 We offer a number of ways to send your Items to us for free. You may be offered some or all of the options below:
a) Post Office drop-off (free): Fastest option. We will email you a postage label for you to print out, so you can package it using your own packaging – and drop off at the nearest Post Office for Parcelforce to collect (packaging & printer required).
b) Courier Collection (free). If you prefer the convenience of a courier pick-up, you are able to select a time that suits you for your Items to be collected. For this service you are required to use your own appropriate packaging (printer required).
c) Wait for our box & label (free). If you don’t have any adequate packing do not worry. We will send you the proper packaging complete with our printed return courier label. A courier will then be arranged to come and collect the package.
10.2 These Delivery Services only apply to Items that you have offered to sell to us by successfully completing an order with us in accordance with the order process set out in these Terms and Conditions.
10.3 Collection by a carrier of any Items in accordance with these Delivery Services does not mean that we have confirmed acceptance of the Items that you have sent. Acceptance of the Items will only be confirmed once they have passed the Quality Assessment (details of which can be found below).
10.4 You acknowledge and agree that we shall have complete discretion as to the method of transport and route of any Package.
11. Delivery Services
Post Office drop-off (free)
11.1 Our Post Office drop-off option lets you drop off your Items at any Royal Mail Post Office, for free. You just have to package your Item(s) well, according to our guidance, apply your postage label, and then drop your package at the Post Office.
11.2 This service includes collection from the Post Office and then delivery to us of your package by Parcelforce.
11.3 The maximum size and weight of your package will be confirmed in the packaging guidance.
11.4 Your postage label must be attached to your package and be visible.
11.5 Under no circumstances should your Item be sent to us in a padded envelope, it must be in a secure box, in line with our guidance.
11.6 You agree that we may at our absolute discretion fulfil this service using the Parcelforce itself or Parcelforce’s employees, agents or sub-contractors.
Courier Collection (free)
11.7 When you complete your order on the Website and have selected the Courier Collection (free) option, you will be asked to provide a date and address for the courier to collect your Package.
11.8 The maximum size and weight of your package will be confirmed in the packaging guidance.
11.9 Your courier label must be attached to your package and be visible, in accordance with the packaging guidance.
11.10 If your package does not meet our guidance, we and our courier, reserve the right to reject your package at the point of collection.
11.11 You carry responsibility for ensuring all details, including address details, are accurate and complete.
11.12 You accept that there is the possibility that despite best endeavours to achieve the agreed collection date, this is not always possible. The agreed date is therefore considered an approximation and is subject to change.
11.13 If the courier is not able to collect your Item due to the Item being unavailable, they will attempt to collect again. If this is not possible, then you will need to contact us by email – contact@sellmytech.co.uk and arrange a new collection.
11.14 We and our carriers shall not be liable for any indirect or consequential loss or damage of any kind, including any loss of profits as a result of delayed collection from the agreed collection point.
11.15 You acknowledge that we are not the courier and that we will use third party couriers to provide and fulfil this Service.
Wait for our box & label (free)
11.16 Our Wait for our box & label (free) means we will send you appropriate packaging and a pre-printed postage label. After packaging your item and applying the postage label (following our guidance), it will then be collected by our chosen courier for free.
11.17 This service includes collection from the address you provide and then delivery to us of your package by our chosen courier.
11.18 The maximum weight of your package will be confirmed in the packaging guidance.
11.19 Your postage label must be attached to your package and be visible.
11.20 You must use the packaging we send to you, in line with our guidance.
11.21 You carry responsibility for ensuring all details, including address details, are accurate and complete.
11.22 You accept that there is the possibility that despite best endeavours to achieve the agreed collection date, this is not always possible. The agreed date is therefore considered an approximation and is subject to change.
11.23 If the courier is not able to collect your Item due to the Item being unavailable, they will attempt to collect again. If this is not possible, then you will need to contact us by email – contact@sellmytech.co.uk and arrange a new collection.
11.24 We and our carriers shall not be liable for any indirect or consequential loss or damage of any kind, including any loss of profits as a result of delayed collection from the agreed collection point.
11.25 You acknowledge that we are not the courier and that we will use third party couriers to provide and fulfil this Service.
12. Cover of Items (Insurance)
12.1 When you send your Item using any of the Delivery Services detailed in these Terms and Conditions, your Item will be insured up to the amount of the Valuation for that Item. This means that once your Package has been accepted at the Post Office, or collected by our chosen third-party courier, the Items included in the Package are insured up to the value of the Valuation provided by us.
12.2 This level of cover assumes that your item is packaged according to our guidelines.
12.2 This insurance applies to both the Delivery Services and the return of Tech Items in accordance with condition 16.
13. Restrictions
13.1 The Delivery Services may only be used for Items that you are selling to us. You may not use these Delivery Services for any other items or purpose.
13.2 If you do use or attempt to use any of these Delivery Services for items other than those which you are selling to us we reserve the right to charge you a reasonable administration fee to reflect the costs incurred by us in providing you with that service.
13.3 You shall not request that we or any of our chosen couriers carry or convey any Package if such carriage or conveyance would be unlawful or if such carriage would contravene any or all of these Terms and Conditions.
13.4 We and our carriers will not carry and you agree not to send or request that we carry any Restricted Items, a list of which can be found on our couriers’ websites at the following links:
https://www.parcelforce.com/help-and-advice/sending/prohibitions-and-restrictions
http://www.dpd.co.uk/content/products_services/shipping_advice.jsp
We and our carriers accept no liability whatsoever for any losses or harm arising from carriage of any Restricted Items provided by or on behalf of you.
13.5 Please note that we have a number of legal obligations to comply with in respect of the carriage of Items, including but not limited to an obligation not to carry or accept for carriage Items that are deemed to be “Dangerous Goods” as defined in the Packaging and Labelling of Dangerous Substances Regulations 1984, the Classification, Packaging and Labelling Regulations 1983, the Radioactive Material (Road Transport) (Great Britain) Regulations 1996 and the Carriage of Explosives by Road Regulations 1996.
13.6 You will be liable for any loss, damage or liability arising from our breach of these legal obligations as a result of transportation of your Package or any other item you use or attempt to use our Delivery Services to send.
13.7 Should you (knowingly or unknowingly) attempt to require or require us or our carriers to carry any Items or handle any other items which breach the restrictions detailed in this condition 13, we and our chosen carriers shall be under no liability whatsoever in connection with those items, howsoever arising.
14. Lost or Stolen Packages
14.1 If you believe that your Package has been lost, damaged or stolen (subject to our confirmation that we have not received your Package) you will be required to provide a valid returns receipt which you will have been provided with by the relevant carrier (being either the Post Office (on behalf of Parcelforce) or DPD).
14.2 It is your responsibility to obtain a receipt from the carrier and retain this for tracking and insurance purposes. If you cannot provide a valid returns receipt for the Package you wish to claim for then you may not be able to claim for any loss or damage to your Package.
14.3 You must notify us in writing of any loss or damage, giving rise to a claim within seven (7) days of the date on which your Package was accepted by the Post Office (on behalf of Parcelforce) or DPD as applicable (the date of which will be shown on your returns receipt). This is so we can submit a claim within the deadlines set by third parties.
14.4 If you fail to provide a valid receipt within seven (7) days of the date of your returns receipt, we shall not be liable for any loss or damage, unless you are able to demonstrate to our satisfaction that it was not reasonably possible for you to advise us or make such claim in writing within the seven (7) days time period and subject to you then providing such advice or claim within a reasonable time.
14.5 We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim.
14.6 In calculating the value of any claim we shall accept no other valuations than our own for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from the use of our Delivery Services.
14.7 We will notify you in writing of the outcome of our investigation and, if your claim is successful, payment of the Valuation will be made via the payment method specified in your account on the Website.
15. Testing Items (QA)
15.1 All Items sold to us are checked by our technicians during our Quality Assessment (QA) process.
15.2 Items will automatically fail the QA if the Item that you have sent to us is NOT as you have described it when you entered the details of this Item on the Website.
15.3 Each Item that you sell to us should match, where applicable, and including but not limited to, the brand, model (where appropriate), technical specification (for laptops: RAM, SSD, HDD, Screen Condition, charger), grade (overall condition) and declaration of damages that you select when using the Website to sell your Item to us.
15.4 When conducting a Quality Assessment of your Item we will use the Condition Specifications as updated from time to time which were presented to you on the Website when you described the condition of the Item in order to receive our Valuation. The Condition Specifications set out on our website supersede all others. You can find a copy of the Condition Specifications here.
15.5 The condition you described the Item to be in, when selling it to us on the Website directly affects the price we offer for it and if we determine the condition to be different from that which you described we may offer you a revised valuation in accordance with the procedure below.
15.6 If you:
a) fail to send your Items to us within seven (7) days from the date that you place your order; and
b) we have not processed your Items at our warehouse within the ten (10) days from the date that you place your order, we shall have the right, at our discretion, to revalue your Items.
IMPORTANT: Please Read Carefully
15.7 If your Item fails our Quality Assessment process or we have the right to re-value your Item in accordance with condition 15.6, we will contact you via email and inform you of the new Valuation for the Item.
15.8 You have seven (7) days known as the ‘Grace Period’ to accept or decline the revised Valuation that we have provided to you on email. To be clear, this seven (7) day period begins when the revised valuation email is sent to you and ends 168 hours later.
15.9 You will be provided with the option to ‘Accept’ or ‘Decline’ our revised Valuation by email.
15.10 You must either accept or decline our offer by responding in writing, within the 7 day ‘Grace Period’. Failure to do so within the Grace Period may result in us proceeding with your transaction at the revised Valuation. If you contact us during the Grace Period using another method we will try to update our system to record your decision but we cannot guarantee this.
15.11 During the Grace Period, we commit to send you at least one reminder that you need to accept or refuse our proposal. If 24 hours before the end of the Grace Period, we have not received your acceptance or refusal of our offer under condition 15.10 above, we will make efforts to send you a final reminder before the Grace Period ends. This will not affect our rights under condition 15.10 above, however.
15.12 If you accept the revised Valuation, the new price agreed between you and us for the Item will be updated in the relevant order, we will present this information to you in the “My Account” section of the Website and then process your payment for the relevant Item. This revised Valuation will be the new price paid for that Item.
15.13 We cannot reverse any Valuations accepted in error. All accepted Valuations will be processed at the revised price and paid using the customer’s chosen payment option.
15.14 The revised Valuation is the last and only price we will offer you for that Item.
16.15 If you choose to decline the revised Valuation offered within the Grace Period then we will return your Item to the address you have provided in your SellMyTech account at no additional cost.
15.16 If you take no action and do not respond to this revised Valuation email correctly within the Grace Period then we will automatically process payment for the Item at the revised Valuation price we have sent to you. You accept and agree that we are not liable in any way whatsoever for any loss of any kind, direct or indirect which you may suffer as a result of your failure to act within the Grace Period and ‘Accept’ or ‘Decline’ the revised Valuation.
15.17 In this instance the Item will not be returned and you will be paid the revised Valuation for the Item.
15.18 We assume no responsibility whatsoever for the validity of the details that you provide and it is your sole responsibility at all times to ensure that the Payment Details you have provided on the Website are correct, complete and accurate.
16. Return of Items
16.1 If you choose to decline the revised Valuation within the Grace Period, then the Item will be returned by our chosen courier to you at no additional cost and the Item shall be dispatched the next Working Day. Please note that we cannot guarantee the return of any additional accessories sent with your item (i.e. headphones, the original box, screen protectors, cases, etc), so please remove these before sending your order. For clarity, the charger is not considered an ‘accessory’ for laptops.
16.2 It is your sole responsibility to ensure that the address details provided in your Website account are valid, accurate and correct and you accept and agree that we shall not be liable for any loss of any kind that you may incur due to Items being returned by us to an invalid or incorrect address as a result of your failure to provide valid, accurate and up to date address details in your SellMyTech account. Please be aware that your Item will only be delivered to the address that you provide.
16.3 We will alert you via email that your Item is due to be delivered to your given address on the day that the Item is due to be delivered.
16.4 If your Item is not delivered when expected by our courier, you must notify us within 7 days of the agreed delivery date. If you fail to notify us of non-delivery within 7 days we shall not be liable for any loss or damage incurred as a result of non-delivery.
16.5 Upon notification of non-delivery you will be required to complete a ‘Letter of Denial of Receipt’ (a copy of which we will provide you with) within 7 days of us providing you with the same. If you fail to submit a Letter of Denial of Receipt in accordance with our instructions within 7 days we shall not be liable for any loss or damage incurred as a result of non-delivery.
16.6 We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim and will liaise with the relevant carrier to confirm if non-delivery has occurred.
16.7 If the courier notifies us that a Package has been “Lost in Transit” (meaning that the Package can no longer be tracked or located by the courier for delivery to the customer) you will not be required to complete a ‘Letter of Denial’. We will conduct our own internal investigations and once we are satisfied that the Package cannot be located and delivered to you, we will contact you in writing to confirm that your Package has been Lost in Transit and provide you with payment of the Valuation in accordance with condition 16.8.
16.8 In calculating the value of any claim we shall accept no other valuations than our original value for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from our return of your Item.
16.9 If your claim is successful then we will notify you in writing and payment of the Valuation will be made via the payment method specified in your account on the Website.
17. Bios Passwords and Tracked Items
17.1 We do not accept Items which have a BIOS password or devices which have any kind of computer tracking software which remains active on the device.
17.2 It is your sole responsibility to ensure that your Item does not have a BIOS password or any kind of computer tracking software active on your device.
17.3 If you send us an Item which is subject to any of the above security features, we will inform you of this via email, and this Item will not be accepted.
17.4 We will return your device to you and if you wish to supply your device you must remove the BIOS password and/or the computer tracking software.
17.5 In the event that you have sent a device contrary to this section, we reserve the right to charge an administration fee to cover the cost of transporting your device.
17.6 If, after testing your device again, it is found that the security features have been removed we will assess your device as normal under our standard Quality Assessment process.
18. Stolen, Lost or Counterfeit Devices
18.1 If we find upon inspection of Items that you have sold that they have been registered or reported lost, stolen, blocked or barred, or we believe the Item you have sent to us could be counterfeit we will notify you by email and quarantine the device whilst we contact the relevant authorities.18.2 We check every device received against the National CheckMEND Register (the “Register”). The Register identifies devices that have been lost, stolen, blocked or barred with a ‘red flag’.
18.3 If your device is found to have a ‘red flag’ against it, you will have twenty-eight (28) days to contact CheckMEND (the “Quarantine Period”), who will provide advice on how to prove that you are the legal owner of the device.
18.4 You can begin the process by visiting the CheckMEND website at http://www.checkmend.com/uk/. You will be asked to provide a brief description of the issue, as well as your certificate ID number which we will provide you with in our notification email in accordance with condition 18.1.
18.5 We cannot send your device back to you or make any payments during this period, and are legally required to dispose of the device if the ‘red flag’ against your device is not lifted within the Quarantine Period. If 24 hours before the end of the Quarantine Period, the ‘red flag’ has not been lifted and you have not contacted us to request an extension to the Quarantine Period, we will make efforts to send you a final reminder before the period ends. This will not affect our rights under this condition 18.
18.6 If you have any more questions on why we reject your Item, or if you need to extend the 28 day Quarantine Period, then you can contact our Customer Service team via contact@sellmytech.co.uk.
18.7 We accept no liability or responsibility for rejecting your Item or not returning your Item to you in these circumstances.
19. Data Removal
19.1 We recommend that you delete all personal information (“Data”) that is or may be stored on your Item (including images, passwords, songs etc.)
19.2 Please ensure that you remove any SIM, media storage, memory cards or similar devices from your Items prior to sending them to us.
19.3 If we discover that your Item includes any of the devices set out in condition 19.2, we shall have no responsibility to return these and shall dispose of them responsibly.
19.4 We shall have no liability for any losses, claims or damages arising in respect of any Data which you fail to delete from your Item (whether knowingly or unknowingly).
19.5 Please note that it is your responsibility to remove Data from any Item prior to sending it to us and to cancel any contracts (e.g. with your ‘phone company) linked to the Item.
19.6 There are free online guides explaining how to delete Data from your Items, which we recommend that you read.
20. Payments
20.1 Payment will be made to you in accordance with these Terms and Conditions.
20.2 There are a number of payment methods which may be made available to you. It is at the discretion of SellMyTech which payment is made available:
a) Bank Transfer;
b) PayPal;
20.3 Bank Transfer or PayPal will be processed on completion of the Quality Assessment process for all of the Items in your order on Working Days only and typically clear within 48 hours, subject to the Quality Assessment having been completed before 2pm on that Working Day. For the avoidance of doubt, if the Quality Assessment process is completed after 2pm on a Working Day or on a Saturday or Sunday, Bank Transfer or PayPal will be processed on the next Working Day and typically clears within 24 hours.
20.4 If any Item in your order:
a) fails the Quality Assessment;
b) is subject to any security features as described in condition 17.1; or
c) has a ‘red flag’ against it in accordance with condition 18; no payments will be made for any of the Items in your order until either:
i) the Grace Period has expired or you have accepted the revised valuation for that or those Items;
ii) the security features have been removed; or
iii) the red flag has been removed from your device.
For the avoidance of doubt, for payments made in accordance with condition 20.4, Bank Transfers or PayPal will be processed on Working Days only and typically clear within 48 hours subject to the events listed at condition 20.4 (i)-(iii) occurring before-2pm on a Working Day. For further avoidance of doubt, if the events (i) – (iii) are completed after 2pm on a Working Day or on a Saturday or Sunday, Bank Transfers or PayPal will be processed on the next Working Day and typically clear within 48 hours.
20.5 Once you have selected a payment method for an order this is not changeable and it is your responsibility to ensure that the payment details including but not limited to, Account Holder’s Name, Account Number and Sort Code are correct and accurate.
20.6 You may update these Payment Details (but not the Payment Method) in the My Account section of the Website and it is your responsibility to do so before payment has been issued.
20.7 We assume no responsibility whatsoever for the validity of the details that you provide and it is your sole responsibility at all times to ensure that the Payment Details you have provided on the Website are correct, complete and accurate.
20.8 We will not be liable for any losses that you may suffer if you fail to receive a payment if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and submit all Payment Details required when using the Website.
20.9 The Bank Account details or PayPal account provided must be in your name.
20.10 You acknowledge and accept that some of the Payment Methods made available to you depend on third parties (third parties that are outside of our control, including but not limited to banks and payment providers) to process these payments including, but not limited to, payments by Bank Transfer. We will not be liable for delay in receipt of payment as a result of the actions or inactions taken by such third parties. Payments may be subject to validation and security checks that we may or third parties may require at our or their discretion from time to time.
20.11 Please note that payment reissues are only made by Bank Transfer and you will be required to provide SellMyTech with your account details in order to reissue payment to you. It is at our sole discretion how reissue payments are made. If you provide incorrect bank account details for reissue and a payment is refused by your bank upon applying for another reissue we may, at our discretion apply another administrative charge in the form of a deduction or a payment from you.
20.12 All quoted payment timescales are subject to variances during busy periods and we will not be liable for any losses that you may suffer if for any reason we fail to make a payment outside of the timescales referred to herein.
20.13 All payments are inclusive of VAT so that you can see the total payment you will receive (subject to these terms and conditions).
20.14 Any transactions completed in accordance with any of the promotional offers detailed in conditions 20.15 to 20.16 (inclusive) below shall be subject to the relevant terms and conditions of those conditions.
All promotional codes
20.15 The business will from time to time issue voucher codes as an incentive to trade or buy. These voucher codes are intended to be valid for one use per customer and in cases where the business believes the usage of the code is being abused over and above a normal level of trade, it reserves the right to honour only the first usage of the code and also recover back any usage subsequent to the first time from any current outstanding or future orders.
20.16 The business reserves the right to deactivate voucher codes at any time.
21. Liability
21.1 To the extent that we are liable to you for breach of contract, negligence or any other liability arising under these Terms and Conditions, our liability shall at all times be capped at the Valuation of the Item(s) which is the subject of your claim.
21.2 We shall not be liable for any special indirect, punitive, incidental, special or consequential damages relating to your Contract with us. This includes but is not limited to direct and indirect loss of profit and loss of income.
21.3 Nothing in these Terms and Conditions shall exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or the Consumer Rights Act 2015; or
d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
21.4 Nothing in these Terms and Conditions shall affect your legal rights.
22. Customer Services
22.1 Customer satisfaction is incredibly important to SellMyTech so should you have any questions or enquiries about using the Website to sell your Items then please contact us via this link: /contact-us/.
Please note that calls made using this number may be recorded or monitored. By calling our customer service line, you consent to the potential recording and monitoring of your call.
22.2 You can also contact us by email on contact@sellmytech.co.uk. When contacting us by email please ensure that you include your Order Number in the body of the email.
22.3 We would also recommend in the first instance checking out our FAQs which deal with a number of the common questions that we receive.
22.4 If you should for any reason have any complaints you can contact us on contact@cruisetech.co.uk. All complaints correspondence will be dealt with via email or letter and we will acknowledge and respond to the initial complaint within seven (7) Working Days. If you are not satisfied with our response you can appeal against this.
22.5 We will respond to all appeals within fourteen (14) Working Days and issue our final response.
22.6 You may wish to seek independent legal advice on your complaint from the Citizens Advice consumer helpline, 03454 04 05 06.
22.7 Any legal notices can be forwarded to our Head Office address: First Floor, 2 Providence Square, ST1 2LQ.
23. General
23.1 All notices given by you to us can be addressed to SMT Commerce Ltd t/a SellMyTech, First Floor, 2 Providence Square, Hanley, Stoke-on-Trent, Staffordshire ST1 2LQ, UK. We may give notice to you at the postal address you provide to us when placing an order or by email to the address you have provided. A notice will be deemed received on the day on which it is left at the above address if you deliver it by hand; on the day; on which it is received by us if posted; or on the day on which it is sent correctly if by email.
23.2 When we send you any information via email (including a re-valuation or rejection of your Item following Quality Assessment), we will use the email address you provided to us. It is your sole responsibility to ensure that the address details that you provide to us are complete and accurate and that your email account can receive our messages. We strongly suggest that you add contact@sellmytech.co.uk to your address book and/or regularly check the capacity of your inbox and the contents of your junk folder to ensure that you do not overlook or fail to receive our emails.
23.3 You may not transfer the Contract, or any of your rights or obligations arising under it, without having our written consent beforehand.
23.4 We may transfer the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract if we have a good reason to (for example if we sell our business) as long as such transfer does not disadvantage you.
23.5 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 control.
23.6 Our performance of the Contract will be suspended while the uncontrollable event continues, and we will have an extension of time to perform our obligations under the Contract for that period. If the uncontrollable event continues for more than a month we or you may end the Contract by giving 7 days’ notice in writing.
23.7 If you or we fail to request performance of the other’s obligations under the Contract or if you or we fail to exercise any of the rights under the Contract, this will not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver of a right under the Contract will not be a waiver of any subsequent default. A waiver of a right under the Contract will not be effective unless it is stated to be a waiver and is communicated to the other party in writing in accordance with condition 23.1 above.
23.8 If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms, conditions and provisions will continue to be valid.
23.9 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our staff, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
23.10 We revise our Terms and Conditions from time to time to reflect changes to the way we do business, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the Terms and Conditions in force at the time that you place an order with us, unless we notify you of the change to these Terms and Conditions before we send you the Order Confirmation (in which case we will assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary prior to sending the Items to us). We will update the version number of these Terms and Conditions when we have revised it.
23.11 A person who is not a party to these Terms and Conditions shall have no rights in relation to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
23.12 These Terms and Conditions and any claim arising out of the subject matter or formation of these Terms and Conditions (including a Contract) shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms and Conditions (including a Contract) is subject to the exclusive jurisdiction of the courts of England and Wales.