Refurb Phone is a trading name for Ezy Gadgets Limited. By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before you place your order, if you have any questions relating to these Conditions please speak to one of our sales staff or contact us via our website at www.refurb-phone.com in the contact us section. Our terms and conditions comply with appropriate UK legislation and are only available to UK residents. Refurb Phone is the trading name for Ezy Gadgets Limited; Conditions means these terms and conditions; “Goods” means any goods you purchase under these Conditions; “Non-subscription Services” mean any Services other than Subscription Services; “Personal Information” means the details provided by you to us; Services means any services you order or otherwise purchase under these Conditions; “Subscription Services” means any Services to which you subscribe on an ongoing basis and which are supplied to you by us, for example technical support Services; Us/our/we means Ezy Gadgets Limited, a company registered in England and Wales under the number 07567279 with registered office located at 2nd Floor Block A Suite 21, Vista Centre Salisbury Road, Hounslow, Middlesex, TW4 6JQ ; Website means either one of the websites located at www.refurb-phone.com or any other URL which may replace it; and You/Your means the person ordering or otherwise purchasing the Goods or Services.
2. Orders
2.1. The Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the United Kingdom. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When so requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you using your Personal Information. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to accepting your order. All graded mobile phones are sold on the VAT marginal scheme ( second hand goods ) and vat cannot be reclaimed. All accessories are sold inclusive of VAT.
3.2. You shall provide payment prior to us providing you with the Goods or Services (as applicable) unless otherwise agreed by us in writing.
3.3. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following: 3.3.1. where you subscribe to Subscription Services, suspend the provision of the Services to you until payment has been received and, where you have failed to make payment despite reminders to do so, cancel this agreement; and/or
3.3.2. where you have ordered Goods or Non-subscription Services, cancel this agreement between you and us in relation to such Goods and/or Nonsubscription Services; and/or
3.3.3. in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.4. You confirm that any payment method you use is yours.
3.5. All payment methods other than cash are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any failure of such checks or authorisation.
3.6. Once any Goods you have ordered or otherwise purchased have been collected and/or otherwise received by you,, all risk of damage to, or loss of, the Goods shall pass to you.
3.7. Irrespective of delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of such Goods.
3.8. Until such time as the ownership of the Goods passes to you, you shall hold it on our behalf and keep it safe and identified as our property.
3.9. Until such time as the ownership of the Goods passes to you, we shall be entitled to ask you to return the Goods to us.
4. Right of Cancellation
4.1. GOODS AND/OR SERVICES ORDERED AT A DISTANCE:
4.1.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
4.1.2. You may not cancel any order for Services at any time.
4.1.3. You may cancel any order for Goods other than software at any time within 14 calendar days from the day after receiving your Goods without liability to us. You than have another 14 days to ensure the device is back at our premises. Failure to return the device within the designated timescale will result in the refund not being provided.
4.1.5. Where you have ordered software, you do not have a right to cancel your order once it has been accepted and either (i) download of the software has started; or (ii) where the software has been delivered to on CD, DVD or other similar storage devices and the software is unwrapped.
4.1.6. You may cancel your order by contacting us via sales@refurbphone.com. For further details on how to cancel, please see www.refurb-phone.com. Any cancellation notice must be given before the end of the 14 day period referred to above.
4.1.7. Where you cancel an order for Goods, it must be returned to us within 14 days of the date of cancellation, complete (together with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.1.8. Unless collection of the Goods has been arranged, you must return the Goods by sending it to Ezy Gadgets LTD, 2nd Floor Block A Suite 21, Vista Centre Salisbury Road, Hounslow, Middlesex, TW4 6JQ. It is your responsibility to ensure that the Goods are received by us and we recommend using recorded and signed for delivery where appropriate in respect of the type of Goods that you are returning. Please see our returns policy on www.refurb-phone.com for further information.
4.1.9. Where we have agreed to collect the Goods from you, you must ensure that you make the Goods available for collection at the time arranged.
4.1.10. You shall be under a duty to take reasonable care of the Goods until received or collected by us (if applicable) and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.1.11. You are entitled to examine any Goods that you have ordered as you would in a shop. However, if you use the Goods, you may lose your right to a full refund. Use would include, but would not be limited to using the Goods to make or receiving a call, sending or receiving SMS or MMS, the installation and/or use of any software (including games), connecting to and/or accessing the internet, downloading, or using any of the functions of the Goods for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.1.12. If you cancel your contract in accordance with the provisions of this Clause 4.1, subject to the provisions of Clauses 4.1.7 and 4.1.11 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.1.7) within 14 days.
