Terms and Conditions

1.

How These Terms And Conditions Apply

In these Terms and Conditions (“Terms”), the following will help you understand meanings used:

“Phone”

means the mobile phone which you wish to sell to us in accordance with these Terms. “Phone” does not include a SIM card and SIM cards must NOT be sent;

“We/Us/Our”

means Eazyfone Limited trading as Envirofone;

“You/Your”

means you, the person using our website and sending a phone to us which may be bought by us and recycled.

These Terms apply whenever you send a phone to us via the online process at www.envirofone.com. References to “website” mean that website only. We may vary the Terms from time to time and you should check them regularly for changes. Please also read the Terms and Conditions of Website Use which you can view by clicking on the link at the bottom of the website. They explain rules and information about using our website whether or not you send a phone to us. When you use our website, we may gather information about you and your visit to our website. We explain how we use that information in our Privacy Policy which is also available from the link on the website. These Terms incorporate the Privacy Policy and the Terms of Website Use which together, form the agreement between us.

2.

About Us

The phone sale and recycling process is provided by Eazyfone Limited, a company registered in England: company number 04155766; registered office: Guildford House, Heather Close, Lyme Green Business Park, Macclesfield, Cheshire, SK11 0LR; VAT number: 703409857. We use the trade names “envirofone” and “envirofone.com”.

3.

Who Can Send Phones To Us

The website is aimed at people interested in selling or recycling a phone. We buy phones from customers in the UK (which our postage costs account for) and limited other countries. The information on this website and all communications will be in English. This website and the Terms are designed to comply with English law. You may be viewing the website in a country in which we do not operate and trade and we cannot be responsible for non-compliance with any local advertising or other laws in relation to this website or its contents.

If you are under 18, only send in your phone in accordance with these Terms with the permission of your parent or legal guardian. All users must use their own identity at all times and ensure that all information provided is accurate and up to date. You must not under any circumstances, send a phone which you do not own, even if owned by a family or household member. By sending a phone, you confirm that you own it. We may refuse to trade phones with any person.

4.

How The Contract Is Formed And The Recycling Process

During the online process, you will be asked to agree to these Terms. You must read them carefully as they form the agreement between us and you and you will be bound by them. If and when you agree to them, we will then send a confirmation that we have received your sales pack request. The agreement between us is formed when we send that confirmation to you. Any terms or conditions referred to in a sales order by you, anywhere or at any time, have no effect. Any variation to these Terms must be confirmed in writing by us. If you do not agree to our Terms, we are unable to progress your trade.

You may include any number of phones in a sales order, subject to restriction in these Terms and as we may stipulate from time to time. Each sales order is a separate contract. A full explanation about how to place an order is in the FAQ section of our website.

We work to reduce the phones sent to landfill. As phones and batteries contain dangerous metals, including lead, cadmium, lithium and mercury, recycling helps protect the environment. However, whether phones can be reused is determined by us.

5.

Conditions Relating To The Sale Of Your Mobile Phone To Us

We may refuse to process a sale if we think it is reasonable to do so. This may include (but is not limited to) where: we identify a valuation error on the website; or you fail to meet any criteria for eligibility which we impose from time to time; or you fail to submit all necessary and relevant details for us to complete the sales process; or fail to send us your mobile phone; or where your phone is damaged or does not comply with the Terms; or it is an imitation, copy or otherwise a non-genuine make or model.

To receive the full indicative value for your phone, it must power-up (turn on) and be in full working condition (meaning that all features must be in good working order) and must not have significant damage (although may have some mild cosmetic damage i.e. general minor wear and tear). By way of example only, damage classed as significant includes broken or cracked LCD screens; camera function not working or camera damage; buttons missing from the phone or other keypad damage; deep scratches or dents; snapped hinges; charger port not working; microphone damage; earpiece damage; or software which is faulty or defective. Phones must have batteries enclosed within the phone casing; not be barred; PIN locked or water damaged; appear in our online guide; be of UK or GSM European specification; and not be lost or stolen. The list is not exhaustive. When we inspect or test your phone, we will not pay as much as the original, indicative value if we find that your phone does not comply with all these conditions.

Phones not listed on our website will be automatically recycled where possible, subject to these Terms. Such phones cannot be returned under any circumstances. Please ensure you are happy to send such phones to us for recycling only. You will not receive any payment for such phones. We accept the return of phone boxes, battery chargers and phone accessories but they do not increase phone value and will not be returned if requested.

Do not include more than four phones in one envelope (or fewer if you send phone accessories). If sending more than four phones or accessories, we recommend using more than one padded envelope. Please use a padded envelope and the label in your sales pack or you can request an additional sales pack by going to the My Account section.

Please note that if the indicative online valuation for your sales pack order is £5 or under, we will not send a sales pack. Instead, print and use the label from the website or simply write the address on the front of your envelope and follow the online instructions.

6.

Wrong Models And Testing

Each phone is tested for compliance with our Terms. We also check that the phone is not red flagged (see Section 9 below) according to CheckMEND details. Tests are carried out prior to and are the conditions for, payment. We may stipulate additional tests as we reasonably determine. As phones can look similar, customers sometimes incorrectly identify them. If we find that the model you send is not as referred to in your sales order, we will e-mail a value for the actual phone, confirming the model. You can choose to continue the sale for the revised value or reject it. If so, we will return the phone, the sale will not progress and our agreement will terminate. To accept or reject a revised value, log on to your account where you will be given the revised value and be asked to either proceed or reject the revised value. If you do not respond within 3 (three) days, starting on the day on which we e-mail the revised value, we will automatically process your sale after that time, using the new price. We will send an SMS text reminder on the second day to the mobile number which you provided during registration, in order to remind you again. If you have queries about how models are identified, contact customer services (details below).

7.

Damaged Mobile Phones

Where possible, we offer value for a damaged phone but shall not be obliged to do so nor purchase any damaged phone. Damaged phones will be traded using the same process as for all other phones. If we determine your phone is damaged, we may, at our discretion, pay for the damaged phone but the value will be less than indicated on our website and will not in any event, be more than 85% (or for iPhones up to 90%) of the original indicated value. Accordingly, if a phone which we receive is damaged, then we will value the phone to take account of the damage and send a revised value by email. In some cases, values will be zero if phones are beyond economical repair or have multiple faults (e.g. water damage and cracked LCD screen). A revised value will only be given once the phone has been tested or inspected.

You can decide whether to continue with the revised value sale or whether to reject it in which case, we will send your phone back within 14 days, the sale will not continue and our agreement will terminate. To accept or reject a revised value, log on to your account where you will be given the revised value and asked to either proceed with the sale or reject the revised value. If you do not respond within 3 (three) days, starting on the day on which we e-mail the revised value, we will automatically process your phone sale after that time using the new price. We will send an SMS text reminder on the second day to the mobile number which you provided during registration, in order to remind you again.

Phones in pieces or parts or phones which have no value, will not be returned and we may recycle them.

8.

SIM Cards And Data Removal – Important:

The sale of your phone will not under any circumstance, include the sale of a SIM card or other proprietary information. It is a condition of you sending in and any sale of a phone that before sending it, you remove and retain SIM cards AND memory cards (or other media) AND all other personal details and data including without limit, all names, phone numbers, SMS messages, photos, games, songs, video and all other data from your phone. This means that you must remove your SIM card, memory cards and media and all personal data before sending your mobile phone. This is a fundamental provision in our agreement. If you do not comply with these obligations, you will be in breach.

We will not accept liability for any loss, damage or costs which you incur if the SIM card, memory card or other media are sent with the handset or if personal data remains on the phone including without limitation, any charges which you incur as a result of use of your phone by any person, whether incurred before or after our receipt of the handset. We will not be in any way responsible for the security, confidentiality, protection, use or disclosure of any personal data which you fail to remove or any losses or costs which arise as a result. If you send a SIM card, memory card or personal details in error or in breach of this section, we will not under any circumstances be able to return them to you and shall have no responsibility in respect of them. If you send personal data to us in error, (other than information we hold about you as a customer) we shall not be deemed to be holding, processing or otherwise using the data on your behalf in any way. Without any liability on our part, we advise you to ensure that you understand and comply with any obligations which you may have in accordance with your agreement with your telecoms service provider including any obligations which you must comply with in disposing of your phone. If you do send your SIM card to us in breach of this section, it is your responsibility to inform your provider of your error and you will remain liable for any charges to your account both before and after sending your phone to us. This is subject to any terms of agreement you may have with your telecoms provider.

9.

Lost, Stolen Barred/Blocked “RED FLAGGED” Mobile Phones

We will check the status of all phones received against the National CheckMEND database (using the unique IMEI number). If your mobile phone is found to have a red flag by CheckMEND, it must be quarantined for 28 days whilst its status is reviewed. The phone will have a red flag if it has been registered as lost, stolen or barred/blocked on the CheckMEND database.

If you are advised that your phone has a red flag against it you will need to contact CheckMEND in order to review the status of your phone. You will be advised of the procedure required by email from us.

The purpose of the quarantine period is to allow the rightful owner the opportunity to have the red flag removed in order that the phone can be processed appropriately.

If, during the quarantine period the red flag is removed, your phone will be processed and paid for as normal and will not be returned. However, if after the quarantine period has expired and the red flag has not been removed then we are required by law to dispose of it and you will not receive any payment.

UK legislation states that we cannot under any circumstances return the phone during this 28 day period unless the red flag has been removed.

If we become aware of any issues you will be required to co-operate with the authorities and we reserve the right to withhold or cancel the payment.

10.

Value And Payment

Phone values on our website are indicative only and we are not obliged to pay the initially quoted value if when we receive your phone, we determine that it has a lower value if it fails to meet these Terms. Values are valid for 14 days from the date on which you place a sales order except that values may vary from those initially given on our website, as provided in these Terms. If we receive your phone(s) after this 14 day period then the updated current price will apply. We will also send you an email reminder within this 14 day period. We may extend the period for which phone values are valid but shall not under any circumstances, be obliged to do so.

Under no circumstances will payment be dispatched before we receive your phone. Payment is in accordance with the method you select in the sales order process. The possible payment methods are cheque; BACS payment; via a PayPal Account or retail vouchers. Once you select a method for a particular sales order, you may choose any alternative payment option up until the process payment date. Once the payment has been processed it is no longer changeable.

Payment processing depends on third parties which we do not control. For payment by retail vouchers or cheque, this involves a postal service and for BACS and PayPal payments, a bank. We will not be liable for delay in your receipt of payment as a result of third party action or inaction or once we have issued payment. We aim to issue payment within 5 working days of the day on which your phone is tested and confirmed to meet our Terms where valuations do not change; or within 5 working days of the expiry of the five day period referred to above (see Wrong Models and Testing and Damaged Mobile Phones) where a phone value does change. Timescales are indicative only and we do not guarantee to meet them. We are advised by Royal Mail that customers should allow 2-3 working days for cheques or retail vouchers to arrive and by the banks that customers should allow 3-5 working days to receive payment.

The criteria used to value phones are based on numerous factors including changes in market value. We may change the way in which we value phones at any time and without notice. Phone values may change from day to day which means that if you check the value of your phone on any given day but do not place a sales order, you may be given a different value for the same phone at a later time. This does not affect any other provisions in these Terms. Any special offers on phone values are subject to particular terms which we may impose and may be varied or withdrawn at any time and without notice. Values are shown and payments are made in pounds sterling.

Each phone is processed separately even if included in a multiple phone sales order. We may send payment for each phone separately. Nothing shall oblige us to complete any transaction with you, make a payment or fulfill our obligation to you in accordance with these Terms if we become insolvent, enter into an arrangement with administrators or if anything similar occurs, in which case our agreement with you will end immediately.

Payments are also subject to validation and security checks which we or third parties may stipulate from time to time. Payments are non-transferable and will be made to the payee named as instructed in the sales order process. If you would like someone else to receive payment, you must ensure you have all the correct details and authorisation. Payments will be sent in the case of postal payments to the address you stipulate when you set up your account. Payments sent in the post will be sent via first class Royal Mail post. All valuations include VAT (or other applicable tax) at the prevailing rate. Payments are made using the details which you provide. You must ensure that you provide all correct, accurate details, including without limit, payment and account details. We will not be liable if you fail to receive a payment or suffer a loss (including if a payment is sent to an incorrect account) as a result of your failure to input all payment and other details correctly, completely and accurately.

11.

Contract Cancellations – Cooling Off Rights

In some cases, the law gives a right to cancel an agreement, at any time within 7 working days, beginning on the day after an agreement is formed or until services begin, whichever is sooner. This is a “cooling off period”. Once your sales order is placed online and we have sent your confirmation, you have seven working days following that date to cancel except that if we begin our services before that time, you agree that your cooling off right will end at that time. We begin to undertake activity and perform services to fulfill our agreement when we receive your phone. Therefore, we will not return your phone and you will not be able to cancel the agreement once we receive your phone except as provided in these Terms. By sending your phone, you agree that we may begin work immediately in order to deal with your phone sale, which this may affect cancellation rights and that once you send a phone to us, your cooling off rights will no longer apply and we will not be able to return your phone. We will however return your phone if, when we receive it, we find that it has a lesser value than originally stated such that we revise the value and you confirm that you do not wish to sell your phone. These rights are explained in the sections above. Other circumstances for cancellation are in accordance with these Terms.

To exercise your cooling off rights, please tell us in writing (including e-mail but not telephone) that you want to do so within the 7 day period as above. Our customer service details are set out at the end of these Terms. If you inform us that you no longer wish to send your phone, we will remove your sales order from our system so that we know you will not be sending your phone and so that you are removed from our reminder system. In those circumstances, you will not be entitled to any payment from us whatsoever and further, no payment to your chosen charity or carbon offset payment will be made.

12.

Sending Phones

We will send you a reminder by email if we have still not received your phone within 7 days of your sales pack order.

We will not be liable if the phone is subject to loss or damage before receipt at our warehouse. You send your phone at your own risk. We do not receive deliveries on weekends and bank holidays. We strongly recommend that all phones, regardless of value, are sent by Special Delivery (which will be at your own cost). Equally, if for any reason your phone is returned to you, you retain responsibility for risk in the phone and we shall not be responsible for any damage in transit. We strongly recommend that you pack the phone carefully to minimize risk of damage. The prepaid envelope does not guarantee that the phone will be received in the same condition as sent. If total orders valuations are over £150, we will provide a Special Delivery pack at our cost. The packs which we provide for order valuations at £150 or under (but over £5) are standard priority return packs. If your phone is lost in the post we will advise you how you might claim against the Royal Mail may but we cannot guarantee this to be successful. If we receive a damaged package, the package and phone (if we received it) will be returned to you so that you may claim for the loss directly from Royal Mail or courier if you wish. By sending the package back to you we do not guarantee that the claim will be successful and we cannot have any liability for any claims which are refused by external parties. For more information about making claims with Royal Mail, please visit www.royalmail.com. This information is provided for your information only.

If your mobile phone is valued under £5.00 on our website you will not be sent a physical sales packet in the post. You will still be able to print your Freepost label from our website and send your phone in to us using Royal Mail for Free. Please ensure you securely attach the label to your envelope. If you do not have a printer you will still be able to write the address on your envelope. Please ensure you copy your sale reference on to the envelope if you are hand writing your label as we will need to identify that the pack belongs to you.

If we return your phone, we use Royal Mail recorded post and at our cost. If Royal Mail cannot deliver the phone, 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 phone. If a phone is returned to us for a second time or if we have e-mailed you and we do not receive a response within 14 days, we will treat the phone as our property, retain it and process the sale and will send you payment at the lower, revised phone value.

We cannot accept responsibility for items which are damaged in transit via City Link couriers. All CityLink parcels are insured up to a value of £15,000 however, if the mobile phones are not sufficiently packed to mitigate potential damage in transit then the City Link insurance claim is null and void. If your mobile phone(s) is lost in transit we will endeavour to resolve any dispute with our partners but cannot guarantee this will be successful.

13.

Our Liability And Risk

Nothing in these Terms or elsewhere excludes or limits our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation, fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal to exclude. Your statutory rights are not affected.

To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to our agreement with you or otherwise, our total liability to you will be limited to three times the value of the phone which is the subject of the liability, (as determined by us in accordance with our usual valuation procedures) and any losses which are foreseeable as a direct consequence of us breaking our agreement with you.

Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise: direct loss of profit and indirect loss of profit; loss of income or revenue; loss of savings; loss of data; loss of use of money; losses which you incur as a result of a failure by you to comply with your obligations under these Terms, including without limitation, third party charges which are raised for your account as a result of a failure to adhere to your obligations regarding removal of SIM cards and other data. Ownership of the phone will pass to us when we issue payment to you but nothing will stop us from dealing with the phone in the course of business. Phones will remain at your risk until we have issued payment for the phone.

We cannot be responsible for any errors you make in entering any details during the online process.

14.

General

We will not be in any way responsible to you for a failure to purchase your phone or for failure to comply with our obligations under these Terms or for any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to act of God, flood, fire, trade dispute, lack of third party materials or services or terrorism.

The agreement between us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the agreement or appoint third parties to assist us to perform our obligations provided that this will not reduce our obligations to you. If any of these Terms is found to be void by a competent authority, all others will continue to apply. From time to time, new industry standards, guidelines and rules may be released. We reserve the right, at any time and without notice, to change our business processes, procedures and the Terms to adhere to such standards, guidelines and rules.

If either we or you do not at any time act on any rights which we have under these Terms, then it will not affect the rights of either of us to enforce any rights at a later stage. In addition, if either of us chooses not to rely on a right which we have, it will not affect any of the other rights which either of us has. These Terms and the agreement between us are subject to English law and we each agree that any dispute arising under or connected to it will be decided by the English courts.

No changes to the Terms will bind either of us unless we agree in writing but phone value changes constitute a change to the agreement and will be deemed to be in writing. We may amend the Terms at any time, without notice. Any change takes effect immediately after posting on the website and will be deemed to be accepted by any person using the website. Where you have already placed a sales order which we have accepted, the agreement between us is subject to those Terms in place at the time we confirmed your sales order. The agreement between us will end once each phone transaction (or dealing as the case may be) is complete although those sections regarding SIM card removal, stolen phones and all exclusions of our liability as well as any other provisions capable of having effect after the agreement ends, will continue to apply thereafter.

These Terms, Privacy Policy and Terms and Conditions of Website Use form the entire agreement and understanding between us in respect of their subject matter and will supersede and replace any prior agreements, understandings or arrangements, written or verbal. We each acknowledge that in entering into the agreement neither relies on any representation or promise given by the other or implied from anything said or written other than as specifically set out in these Terms, Privacy Policy or Terms and Conditions of Website Use. We are registered under the Data Protection Act (registration no. Z9021570). Please refer to our Privacy Policy for further information about how we use your personal data. We will keep details about your phone sale, on our records. Nothing in the Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that the Terms do not change any rights which the law grants to you and which the law does not allow us to change or limit.

Any notice you send to us will be deemed delivered as follows, depending on how you send it: on the day on which it is left if you deliver by hand; or 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. Please note we have a complaints procedure. Our contact details for all purposes are: Online Customer Services; Eazyfone Limited; Guildford House; Heather Close; Lyme Green Business Park; Macclesfield; Cheshire SK11 0LR: Email: enquiries@envirofone.com; Tel: 01625 667840.

A person who is not party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Term which means that only we and you have rights under them. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.

Applicable laws require that some information and communications be in writing. When using this website, you accept that communications will be mainly electronic. We will contact you by e-mail, SMS (see above) or by providing you with information by posting notices on our website. For contract purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide electronically, comply with any requirement that communications be in writing. This does not affect your statutory rights. Please check emails on a regular basis for updates on the sale of your phone. We do not accept responsibility for any emails which are not received successfully, where the email address is incorrectly spelt or that are redirected or deleted by spam filters.

Please print and keep a copy of the Terms for your records.