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Terms & Conditions

Important: Consumers Please Read

We draw your attention to these terms and conditions which apply whenever you trade a device in with Swapkit. Please read them very carefully because they explain important information about the basis on which we will buy your devices from you. By trading in your device you agree to be bound by these terms and conditions.

How These Terms And Conditions Apply

1.1. When reading these Terms and Conditions, the following will help you to understand the meanings of certain words used in them:

"Device" means the mobile phone(s) and/or iPod(s) you wish to trade in with Swapkit in accordance with these Terms and Conditions. The term "device" does not include a SIM card and SIM cards must be removed.

"We/Us/Our" means Swapkit.com.au whose registered office is P O Box 8746, Symonds St, Auckland 1150, New Zealand

"You/Your" means you, the person using our website and trading in a device at any Swapkit store.

1.2. These Terms and Conditions apply whenever you wish to trade in a device at any Swapkit store. We may vary these Terms and Conditions from time to time and you should check them regularly for changes.

About Us

2.1 The device trade in process is provided by Swapkit Limited, a company registered in Australia. Our registered office is P O Box 8746, Symonds St, Auckland 1150, New Zealand. The website is operated using the trade name "Swapkit".

2.2 We work to substantially reduce the number of devices that are sent to landfill sites. As devices and their batteries contain several dangerous metals, including lead, cadmium, lithium and mercury, re-use and recycling can help protect the environment and save natural resources. However, whether it is possible to reuse the devices will be for us to determine, at our discretion.

Who Can Trade In Devices

3.1 The Swapkit service is aimed at members of the public who are interested in selling or trading in a device. In most circumstances, we buy devices from customers in New Zealand. The information on this website is in English and all communications with you will be in English.

3.2 This website and these Terms and Conditions 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 therefore, we cannot be held responsible for non-compliance with any local advertising or other laws in relation to this website or its contents.

3.3 If you are under 18 years of age, you should only trade in your device in accordance with these Terms and Conditions with the permission of your parent or legal guardian.

3.4 You must use your own identity at all times when using our service and should ensure that all information which you provide is accurate and up to date. You must not under any circumstances, trade in a device which you do not own, even if it is owned by a member of your family or household. By trading in a device with Swapkit, you confirm that you own it.

3.5 We reserve the right to refuse to trade devices with any person.

How The Contract Between Us Is Formed

4.1 Selection: The first stage is to select any device you wish to trade in.

4.2 Appraisal: Bring your device to your nearest Swapkit store for appraisal.

4.3 Valuation: Your device will be valued using Swapkit's Global Electronic Pricing Platform. Values are based on the condition of the device. Depending on the store, you will be offered either a cash sale value, a trade in value, or a choice of both.

4.4 Agreement: At this point you can choose to accept or reject the price offered for your device.

4.5 Payment: If you accept the price offered, you will be asked for some personal detail like name, address, email, mobile phone number. This information will be stored securely on our database for marketing purposes and will not be divulged to any third party.

Conditions Relating To The Sale Or Trade In Of Devices

To receive the full indicative value for your device it must:

5.1 Power up and be in full working condition (which means that all features must be in good working order); and

5.2 Not have significant damage although may have some mild cosmetic damage (general minor wear and tear). By way of example only, damage which is classed as significant includes:-

    1. broken or cracked LCD screens; or
    2. a camera function not working; or
    3. buttons missing; or
    4. large scratches or dents; or
    5. software which is faulty or defective;

5.3 Have its battery enclosed within the device casing; and

5.4 Not be barred or water damaged; and

5.5 Be of UK or European specification; and

5.6 Not be lost or stolen.

5.7 In addition, we also check that the device is not lost or stolen according to CheckMEND (see Clause 8 below) details. These tests are carried out prior to and are the conditions for, payment being made. We reserve the right to stipulate additional tests for the device from time to time as we may reasonably determine and will update these Terms and Conditions accordingly.

Damaged Devices

6.1 If we determine that your device is damaged, we will value the device to take account of the damage. Where possible, we will offer a value for a damaged device but we shall not be obliged to provide you with a value for or make a purchase from you of any device which is damaged. Damaged devices will be traded using exactly the same process as for all other devices.

SIM Cards And Data Removal — Important

7.1 The sale of your device will not under any circumstances include the sale of a SIM card or other proprietary information. Accordingly, it is a condition of you selling/trading in your device with Swapkit that you remove and retain:

    1. The SIM card;
    2. Memory cards or other media associated with the device;
    3. 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 device.

7.2 Swapkit will not accept liability for any loss, damage or costs which you incur in the event that the SIM card, memory card or other media remain in the device or personal data otherwise remains on the device including without limitation, any charges which you incur as a result of use of your device by any person and whether charges are incurred before or after receipt by us of your device. Further, 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 from your device or any losses or costs which arise as a result.

7.3 If you do leave personal data with us in error (other than the information which we hold about you as our customer) then we shall not be deemed to be holding, processing or otherwise using the data on your behalf in any way.

7.4 As regards mobile phones, 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 leave your SIM card with us, it is your responsibility to inform your telecoms provider of your error and further, 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 which you may have in place with your telecoms provider.

Stolen Mobile Phones

8.1 We have access to CheckMEND, a crime protection database created to track stolen mobile phones. We check all phones against this database using the phone's unique IMEI number. If a mobile phone is found to be 'Red Flagged' by CheckMEND, we will not offer any form of payment or trade in.

Value And Payment

9.1 The criteria which we use to value devices is based on numerous factors including changes in market value. We may change the way in which we value devices at any time and without notice. Device values may therefore change from day to day which means that if you check the value of your phone on any given day, you may be given a different value for the same device if you ask us to value your device at a later time. This does not affect any other provisions in these Terms and Conditions.

9.2 Device values shown on the Swapkit websites are suggested prices only, not real time market values. They serve to illustrate potential values that may be recieved should a device meet all grading criteria as per the Global Electronic Pricing Platform.

9.3 All device valuations include VAT (or other applicable tax) at the prevailing rate.

9.4 Any special offers which are made in relation to the value of devices are, subject to particular terms and conditions which we may impose and may be varied or withdrawn at any time and without notice.

9.5 Valuation will be given in Pounds Sterling and no other currency

Our Liability And Risk

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

10.2 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 device 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.

10.3 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:

    1. direct loss of profit and indirect loss of profit;
    2. loss of income or revenue;
    3. loss of savings;
    4. loss of data;
    5. loss of use of money.
    6. losses which you incur as a result of a failure by you to comply with your obligations under these Terms and Conditions, including without limitation, third party charges which are raised for your account as a result of a failure to adhere to Clause 7 of these Terms and Conditions.

General

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

11.1 The agreement between you and 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 in performing our obligations at any time provided that this will not reduce our obligations to you.

11.3 If any Clause of these Terms and Conditions is found in any way to be void by a Court or other competent authority, then all other Clauses will continue to apply.

11.4 If either we or you do not at any time act on any rights which we have under these Terms and Conditions, 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.

11.5 These Terms and Conditions and the agreement between us is subject to New Zealand law and both we and you agree that any dispute arising under or connected to it will be decided by the New Zealand courts.

11.6 No changes to the Terms and Conditions will bind either of us unless we agree to them in writing. We may amend these Terms and Conditions at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed a sales order which we have accepted, the agreement between us will be deemed subject to the version of the Terms and Conditions which were in place at the time at which you placed your sales order.

11.7 Nothing in these Terms and Conditions seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms and Conditions will not change any rights which the law grants to you which the law does not allow us to change or limit.

11.8 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 the notice by hand; or on the day on which it is received by us if you post the notice; or on the day on which it is sent correctly if by email; and in each case it should be sent to the addresses set out at Clause 11.11.

11.9 A person who is not party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it 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.

11.10 These Terms and Conditions including the Privacy Policy and the Terms and Conditions of Use form the entire agreement and understanding between us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the agreement neither of us has relied 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 and Conditions, Privacy Policy or Terms and Conditions of Use.

11.11 We have a procedure for investigating complaints and for dealing with queries about our website. Please contact: Swapkit, P O Box 8746, Symonds St, Auckland 1150, New Zealand.

11.12 Applicable laws require that some of the information and communications which we send to you should be in writing. When using this website, you accept that communications with us will be mainly electronic. We will contact you by e-mail or by providing you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically, comply with any legal requirement that such communications should be in writing. This does not affect your statutory rights. Please ensure that you check your emails on a regular basis for updates on the sale of your device. 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.

11.13 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 and procedures and these Terms and Conditions in order to adhere to such standards, guidelines and rules.