Terms & Conditions

If you have changed your mind for whatever reason we offer a 14 day returns period starting the day after you receive your order, which is extended to 30 days for faulty items.

Returns Process

1.   Ensure that the handset (s) is in exactly the same condition as it was when received and that it has not been damaged whilst in your care.

2.   Please contact us to request a returns number.

3.   Backup all the data from your handset, then factory reset and wipe your handset

PLEASE ENSURE YOU REMOVE ANY SECURITY LOCKS – RETURNS WILL NOT BE PROCESS IF YOUR DEVICE IS LOCKED

4.   Fill out the returns form and send with your handset – please note that failure to provide the full information on your returns form will result in a delay in processing your return.

5.   Carefully package your item including all accessories originally received and send it to the following address:

Kempf Enterprises Limited – RMA Department - Kempf House – Unit 13 Castle Park Road – Whiddon Valley Industrial Estate – Barnstaple – EX32 8PA - UK

6.   Send via a secure tracked and insured service – please note that the item is your responsibility until it is safely received at our warehouse.

Refunds

We aim to process all refunds or notify you if there are any issues on the same working day that a return is received (excluding UK Bank holidays), however please note that during busy periods this can take up to 48 hours.

Fees & Charges

In all instances the buyer assumes responsibility for the return costs, unless agreed via email or message.

All returned handsets are processed through our quality control process which is the same process that is used prior to any handset being dispatched.

All our handsets are sold with a USB charging cable, if this is not returned we will deduct £2.95 from your refund to cover this cost.

If a handset is returned to us and is found have a security lock in place which prevents our engineers completing their tests, your return will not be processed until this has been removed.

To do this we will either require you to provide us the details or in some instances this can be done remotely, however in all instances we reserve the right to charge a removal fee of £7.95 per unit once the security lock has been removed.

In the event that you do not provide the correct details or remove the security lock, your return will be quarantined.

If our QC process detects that your handset has undergone any attempt of a third party repair, software modification, no longer in its original condition or has been damaged whilst in your care, you will not be eligible for a refund.

If your handset is not eligible for a refund we will return it to you upon receipt of £9.95 for the return postage charge and processing costs, if funds are not received within 30 days your handset(s) will be destroyed as per our terms and conditions.

Warranty

What is covered?

If, in the rare event, your purchase fails to operate under normal use and service, due to defects in parts or workmanship, our warranty will cover the cost of parts and labour to either repair or replace your warranty return with a like for like model. Replacements will be issued in accordance with the specification of the handset returned.

Should there be any differences in make, model, colour, memory or network, then this will be agreed by both parties.

We aim to repair or replace all warranty returns within a reasonable time, but lead times will vary depending on the availability of stock and/or replacement parts.

What is not covered?

This is not an insurance policy and should we deem that any fault has occurred as a result of misuse; accidental, deliberate or water damage, then the warranty will be void and we will contact you with regards to this.

We do not cover defects and/or damage resulting from:

Normal wear and tear of the equipment or otherwise due to the normal ageing of the equipment, including battery deterioration.

Any disassembly, repair, alteration or modifications carried out by anyone other than Second-Hand Phones.com

Misuse, abuse, negligence or an accident howsoever caused.

Improper testing, operation, maintenance, installation, or any alteration or modification of the product.

This warranty will not be available: a) if the serial number or warranty seal on the product is illegible, has been defaced or removed; or, b) without any proof of purchase.

We do not cover any phones for water damage; this includes phones which were rated as waterproof/water resistant when new. This is due to the rubber seals/waterproofing degrading over time and as a result we cannot guarantee that a second-hand phone's seal will still be intact.

We do not cover consequential or incidental damages, including but not limited to, loss of use, loss of business, loss of profits, loss of data, any fees related to third party contracts, down-time and charges for time and effort.

Any third party attempt at repairing the handset will invalidate any returns period or warranty in place, which is why we strongly advise that any potential issue must be reported to us in the first instance and we will be able to advise further.

What must you do?

All faults must be reported to us upon initial discovery of the fault, as continuing to operate a device with a fault may cause the device to become irreparable. You will be held financially liable in this case and any costs associated with the return will become yours. In this instance, we will not uphold a warranty repair or replacement.

Handsets must be returned to us without any security measures (for example, passwords, passcodes) in place which would prevent our engineers from completing a full assessment and factory reset. Handsets returned to us with a security measure in place will be subject to extensive delays.

If removal is not possible on the device, then we require this information to be included on the returns form or via an email to [email protected] in order to process the return fully and to action a remote removal.

We also require that the following sundries are removed prior to the handset being returned, as they will be disposed of upon receipt:

Sim cards

Memory cards

Other accessories

We do not under any circumstances provide any kind of guarantee for data loss and all returns will be factory reset and wiped. We do advise that backups of the phone’s data are taken at regular intervals.

The handset must be returned to us on or before the date the warranty period expires, outside of this period it will be deemed as out of warranty and returned to you subject to the relevant fees.

Please ensure that the handset is packaged safely and in accordance with the courier’s guidelines before sending it to us, please retain your proof of postage and tracking number.

You are responsible for the handset until we accept delivery.

Our return address is:

Kempf Enterprises Ltd

FAO Returns

Kempf House

Unit 13

Castle Park Road

Whiddon Valley Industrial Estate

Barnstaple

EX32 8PA

United Kingdom

You are responsible for the postage to and from our Head Office and our return postage charge for eligible warranty returns is £9.95, this can be paid over the phone with a credit or debit card or directly to our PayPal Account [email protected]

Each and every handset is purchased from wholesalers registered within the UK and put through numerous phases of stringent industry standard testing to provide our customers with complete peace of mind. After a period of 28 days, it is fairly assumed that there has been a period of network activity on your behalf, which transfers the ownership of the handset and associated liabilities. A Checkmend report can be provided upon request up to 28 days after purchase subject to an administration fee of £2.95.

No Fault Found

Each and every handset is put through phases of stringent testing that exceeds industry standard prior to listing for sale and again before dispatch, to provide our customers with complete peace of mind. We ensure every warranty return is put through the same testing process to ensure consistency.

Should we deem a warranty return to be fully working, then this handset will be returned to you providing payment of the relevant fees is made within the required timeframe. The return processing fee is £8.95 and the return postage fee is £9.95.

Fees

Our warranty covers the cost of parts and labour to either repair or replace eligible warranty returns with a like for like model or agreed alternative. However, you are responsible for the following fees:

Our return postage costs to you via a fully tracked service - £9.95

Your postage costs to us - £ varies

No fault found returns and ineligible warranty returns will also be subject to a return processing fee of £8.95.

A Checkmend report can be provided by ourselves within the first 28 days for £2.95, after 28 days this can be provided for £4.95. If you wish to purchase your report direct with Checkmend, please click on the following link - https://www.checkmend.com/

These costs can be paid over the phone with a credit or debit card (UK customers only) or directly to our PayPal account - [email protected]

Unclaimed returns

If we are unable to reach you with regards to either further information we require or in the case of returns, in order to obtain the associated return fees then your return will be retained by us for a period of 30 days. If this period elapses, then the returned item will be disposed of and any return or warranty policies void.

Changes to this agreement

From time to time we will also need to make changes to this policy. We will give you reasonable notice of any changes to this policy. Those changes will not affect past purchases.

Other

We reserve the right to take such action as we think appropriate in the event that you breach this policy. If we do not exercise a right available to us under this policy, this does not constitute a waiver of our rights.

If any term of this policy is held invalid, void or unenforceable by a court or regulator, that term will be severable and will not affect the validity and enforceability of the remaining terms of this policy.

You may not assign or otherwise transfer this policy or any rights or obligations under it without our prior written consent. We may assign or transfer this policy, or any rights or obligations under it, on reasonable notice to you.

All replaced defective products, parts, boards or equipment shall become the property of Second-Hand Phones.com

The warranty period commences from the date of purchase once it has been activated and runs without delay from this period. Under no circumstances can a warranty be delayed, extended or renewed.

The warranty period does not restart should a repair be effected or warranty replacement issued.

Unclaimed Returns

Unclaimed returns are items that have been returned to us without a valid returns number or any paperwork, these will be held for 30 days, after this period we will dispose of the item accordingly and your returns policy will be void.

Incorrect addresses

It is the buyer’s responsibility to ensure that the address is correct and full. We regret that we cannot change or amend the address after purchase and so please do not ask us to do so. If you contact us prior to dispatch with regards to an incorrect address then we will do our utmost to prevent the package being sent and we will offer you a full refund so you can repurchase with the correct details. However, if this is not possible then unfortunately, it would be up to you to arrange collection from the incorrect address.

If the address you have entered is undeliverable and the package is returned to us then the item will be held in lost property for a period of 30 days. If we are unable to achieve contact within this time-frame then the item may be disposed of.

PO Box

Due to the majority of our overseas delivery methods requiring a signature upon receipt, we regret that it is not possible for us to ship to a PO Box address. If we receive an order containing a PO Box address then we will contact you to advise that the transaction will be refunded. You will then be welcome to repurchase with a full and complete domestic or business address.

Customs Import Duties

The buyer is responsible for any import duties or tax relating to a purchase which is made. We do not have access to the import duty rates which relate to a particular country, nor can we amend or falsify customs declarations or invoice information to suit.

PayPal Credit

For FAQs about PayPal Credit, please click here.

Supplied Accessories

Handsets & Tablets

We supply all handsets and tablets with just a generic USB data lead for charging, no box or further accessories are included unless stated in the listing.

Watches

We supply all watches with just a generic new (non-original) watch charger and a new (non-original) rubberised strap, no box or further accessories are included unless stated in the listing.

TERMS OF SERVICE

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OVERVIEW

This website is operated by Kempf Enterprises Ltd t/a Second-Hand Phones.com. Throughout the site, the terms “we”, “us” and “our” refer to Second-Hand Phones.com. Second-Hand Phones.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Magento. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Upon failure of a product, we will not be held responsible for any ancillary costs which may have been incurred as a result of this. This includes but is not limited to; travel/parking costs, 3rd party repair quotations or work undertaken, Mobile line rental or data charges, loss of work or earnings.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

The address details added to an order by you are your sole responsibility and we will not levy any compensation should an order be inaccurately addressed. This includes the resending of items returned to us or complete loss in transit due to an inaccurate address. If an item is undelivered or refused and therefore returned back to us, we will hold the item for a period of 30 days awaiting your contact and after this point it will be disposed of as we see fit and no reimbursement will be issued.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

To view our Privacy Policy, please click here; Privacy Policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kempf Enterprises.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kempf Enterprises.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms and Conditions shall be governed by the laws of England and any dispute arising from these Terms and Conditions or your use of the website shall be subject to the exclusive jurisdiction of the English courts.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - VAT AND INVOICE REQUESTS

The majority, but not all, of our handsets are sold under the Marginal VAT Scheme for Second-Hand Goods, unless otherwise stated.

These sales are subject to section 50A of the VAT Act 1994 and the VAT (Special Provisions) order 1995. A VAT Margin scheme applies, please check the listing for the applicable VAT scheme.

Invoices will show total value inclusive of marginal VAT. If you are purchasing on behalf of a VAT registered company please note there is no VAT to be reclaimed.

If you would like an invoice with our VAT information then this can be provided but please be aware the value of VAT will show as zero if the product(s) you have purchased were sold under the marginal scheme.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]