Terms and Conditions

1.

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 or tablet device e.g. iPad that you wish to sell us in accordance with these Terms. Device does not include a SIM or memory card and they should not be sent;

"We/Us/Our"

means Eazyfone Limited trading as envirofone and envirofone.com (company number 04155766) whose registered office is at Guildford House, Heather Close, Lyme Green Business Park, Macclesfield, Cheshire, SK11 0LR;

"You/Your"

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

1.2

These Terms and Conditions apply whenever you wish to send your mobile phone/device to us via the online process on our website at www.envirofone.ie. When we refer to "website" in these Terms and Conditions, we mean that website only. We may vary these Terms and Conditions from time to time and you should check them regularly for changes.

1.3

You should also read the Terms and Conditions of Website Use which you can view by clicking on the link shown at the bottom of the website pages. Those terms explain the rules and information about using our website whether or not you send your mobile phone/device to us. In addition, when you use our website, we may gather information about you and your visit to our website. An explanation about how we use that information is in our Privacy Policy which you can view by clicking on the link also at the bottom of the website pages. These Terms and Conditions for Mobile Phone/Device Sale and Recycling incorporate the Privacy Policy and the Terms and Conditions of Website Use and together govern our relationship with you and form the agreement between us.

2.

About Us

2.1

The mobile phone/device sale and recycling process is provided by Eazyfone Limited, a company registered in England with company number 04155766. Our registered office is Guildford House, Heather Close, Lyme Green Business Park Macclesfield, Cheshire, SK11 0LR and our VAT registration number is 703409857. The website is operated using the trade names "envirofone" and "envirofone.com".

2.2

We work to substantially reduce the number of mobile phones/devices/devices that are sent to landfill sites. As mobile phones/devices/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 mobile phones/devices which you send to us will be for us to determine, at our discretion.

3.

Who Can Send Mobile Phones/Devices To Us

3.1

This website is aimed at people who are interested in selling or recycling a mobile phone/device. In most circumstances, we buy mobile phones/devices from customers in the United Kingdom (and our cost in postage takes account of this). 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 send in your mobile phone/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 website and should ensure that all information which you provide is accurate and up to date. You must not under any circumstances, send a mobile phone/device to us which you do not own, even if it is owned by a member of your family or household. By sending a mobile phone/device to us, you confirm that you own it.

3.5

We reserve the right to refuse to trade mobile phones/devices with any person.

4.

How The Contract Between Us Is Formed And The Re-cycling Process

4.1

During the online process, you will be asked to agree to these Terms and Conditions. It is important that you read them very carefully as they form the agreement between us and you will be bound by them. When you have agreed to these Terms and Conditions, we will then send a confirmation to you to confirm that we have received your request for a sales pack. The agreement between us is formed when we send that confirmation to you.

4.2

Any terms and conditions appearing on or referred to in a sales order which you place or which are referenced by you anywhere or at any time, shall have no effect.

4.3

Any variation to these Terms and Conditions must be confirmed in writing by us

4.4

You may include any number of mobile phones/devices within a single sales order, subject to any restrictions set out in these Terms and Conditions but each sales order which you place will be a separate contract between us.

4.5

The steps below explain the process which you will need to go through to place a sales order online and how the agreement between us is formed. These sections also explain important information about payment and delivery.

Step 1 — Selecting Your Mobile Phone/Device For Trading

The first stage is to obtain an indicative value for your mobile phone/device by selecting the make, model and condition. If you wish to send us your mobile phone/device, you can then click on "Sell Now" which will take you to the next step, the sales basket.

Step 2 — The Sales Basket

The mobile phone/device which you have selected will be shown in your sales basket. You can also choose to add another mobile phone/device to your sales basket. If you wish to empty the contents of your sales basket, click on "Empty Basket" or similarly, if you wish to remove a mobile phone/device just click "Remove". We reserve the right from time to time to limit the total value or number of mobile phones/devices which can be included in a sales order.

Your basket will show the indicative value of your mobile phone/device. Note that we are not obliged to pay the initially quoted value for your mobile phone/device, if when we receive your mobile phone/device, we determine that it has a lower value than that originally given and where we vary that value in accordance with these Terms and Conditions.

At this stage, you will also be presented with a number of options. You can carbon offset your sale if you wish to do so. The cost of carbon offsetting is a fixed sum and is not based on the value of your mobile phone/device and the cost is shown in your sales basket. If you wish to carbon offset, simply tick the "Carbon Offset" box. The indicative value of your mobile phone/device can then be recalculated by clicking on "recalculate". You can find out more about the carbon offsetting scheme by clicking on the question mark on the sales basket page or by visiting the "CO2 Matters" section of the website.

You can also choose to make a donation to charity. You can select the amount you would like to donate by selecting the percentage of the value of your mobile phone/device and also choose a charity from the list. You can find out more information about the charity schemes which we support on the website by clicking on the question mark on the "Make a Donation to Charity" section of the sales basket page.

You will also be asked how you wish to receive the payment for your mobile phone/device whether a cheque, BACS payment, Argos vouchers or add to your PayPal account. Please note that when supplying payment information, including account details for the purposes of a BACS payment, it is extremely important that you check the details very carefully and ensure that the information is correct. We cannot be responsible for any errors which you make in entering your details.

Step 3 — Registration and Checkout

Once you have chosen how you would like to receive payment, you will be asked to register as a user. If you have already registered with us, simply log in by entering your user name and password.

If you are not an existing user, you will be asked to submit information about yourself and your contact details, as well as information required to set you up as an account user. Once you have completed the details page and you have checked that those details are correct, you can click "Continue" to proceed to the next stage.

Step 4 — Sales Order Screen

You will then be asked to confirm your sale. Carefully check the information shown on the "Confirm Your Sale" screen which sets out the name of the payee and address to which payment will be sent) and will also confirm the payment method which you have chosen, the mobile phone/device which you have chosen to send in and the indicative value.

Please ensure that your e-mail address is correct as we will e-mail you to let you know about the progress of your sale.

It is important to check the details at this stage as this is the last stage in the process at which you can correct any errors. If any errors are included then please go back and correct them. Please check this information very carefully.

Once the details are correct, you will be asked to confirm that you agree to these Terms and Conditions by ticking the box which appears next to the Terms and Conditions link. It is important to read these Terms and Conditions, (including the Privacy Policy and the Terms of Website Use) in full before agreeing to them as you will be bound by them.

You can then confirm your sale by clicking the "Finish Sale" button.

Step 5 — Sale Confirmation

You will then see a screen, thanking you for your sales order and explaining that you will receive a sales pack in the post. We will also send you an e-mail confirming the details of your sales order and explaining the next steps. Print a copy of the sale confirmation and keep it for your records. Once we send that confirmation, the contract between us is formed.

Step 6 — Sales Pack

Once you receive the sales pack in the post, please enclose your mobile phone/device in the envelope provided and return it to us at the freepost address. If you have not received your sales pack within 1-3 working days from the date on which you placed your sales order, then you can request a replacement pack by going to "Your Account" and selecting "Order Sale Pack".

Step 7 — Sending Your Mobile Phone/Device To Us

The mobile phone/device valuations which we make in accordance with step 2 above are valid for a period of 14 days from the date on which that valuation is made. However, this period only applies if, when we receive your mobile phone/device and inspect and test it, the mobile phone/device satisfies all our requirements such that the indicative value which we stated is in fact correct. If the indicative value of your mobile phone/device is not correct and we revise the value of your mobile phone/device in accordance with these Terms and Conditions, then the 14 day period will not apply and you will have 3 days to accept or decline the revised value in accordance with Clauses 6.3 and 7.5 of these Terms and Conditions as the case may be.

If we do not receive your mobile phone/device within the 14 day period, please be aware that we may not be able to offer you the same value for the mobile phone/device as initially indicated. Envirofone will automatically pay the current market rate for mobile phones/devices received after this period.

IMPORTANT: We do not accept any liability for mobile phones/devices which fail to arrive at our offices or which are damaged in the post or courier service. You send your mobile phone/device to us at your own risk. We strongly recommend using special delivery to send the mobile phone/device to us (in which case you will be directly responsible for any postal charges which are incurred). You should also pack the mobile phone/device very carefully.

Step 8 — When We Receive Your Mobile Phone/Device

After we receive your mobile phone/device, we will send you an e-mail to confirm that we have received it. Please note that we will send one e-mail per mobile mobile phone/device and therefore, if you have sent more than one mobile phone/device, you will receive more than one e-mail. We will test the mobile phone/device in accordance with these Terms and Conditions and will notify you of the results by e-mail. Please note that payment will not be issued until testing is complete.

Step 9 — Confirming the Value of the Mobile Phone/Device

If when we have inspected and tested the mobile phone/device, it has passed our requirements, we will send you a further e-mail to confirm that your payment will be processed. That e-mail will also confirm the value of the mobile phone/device.

In some circumstances, the original indicative value of the mobile phone/device may change once we inspect the mobile phone/device. This may be for reasons explained in Clauses 6 or 7 below. In the event that there is a change in the value of the mobile phone/device then this will be treated as a change to the agreement between us.

If when we inspect the mobile phone/device, we find that the mobile phone/device is worth a lower value than the original valuation, we will confirm the revised value to you by e-mail. Please ensure that you check your e-mails regularly as we will email you to tell you the revised value and ask you to confirm whether you wish to proceed on the basis of the revised value. You will have a period of 3 days beginning on the day on which we notify you of the revised value to let us know whether you wish to proceed with the sale.

Step 10 — Sending Payment to You

The final stage in the process will be for us to send you an e-mail when payment has been dispatched. We are advised by Royal Mail that customers should allow 2-3 working days for payments by cheque or Argos vouchers to arrive. We are advised by the banks that customers should allow 3-5 working days to receive payment into a bank account or a PayPal account. This is in addition to the time which it takes us to process the payment. Please note however that we cannot be responsible for any delays to payments as a result of third parties such as the postal service or the banks and these timescales are indicative only.

5.

Conditions Relating To The Sale Of Your Mobile Phone/Device To Us

5.1

We may refuse to process a sale if we decide it is reasonable to do so. This may include (but is not limited to) where:

5.1.1

we identify a valuation error on the website; or

5.1.2

you fail to meet any criteria for eligibility which we impose from time to time; or

5.1.3

you fail to submit all necessary and relevant details to allow us to complete the sales process; or

5.1.4

you fail to send us your mobile phone/device; or

5.1.5

your mobile phone/device is damaged or does not comply with these Terms and Conditions; or

5.1.6

your mobile phone/device is an imitation, copy or otherwise a non-genuine make or model.

5.2

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

5.2.1

power-up (switch on) and be in full working condition (which means that all features must be in good working order); and

5.2.2

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 from the mobile phone/device; or
4. large scratches or dents; or
5. software which is faulty or defective;

but this list is not exhaustive; and

5.2.3

have its battery enclosed within the mobile phone/device casing; and

5.2.4

not be barred or water damaged; and

5.2.5

appear in our online guide; and

5.2.6

be of UK or European specification; and

5.2.7

not be lost or stolen.

This means that when we inspect or test your mobile phone/device, we will not pay as much as the original, indicative value if we find that your mobile phone/device does not comply with these conditions.

5.3

Any mobile phones/devices sent to us that are not listed on our website and which are over four years old will be automatically recycled appropriately where possible, subject to these Terms and Conditions. Such mobile phones/devices cannot be returned to you under any circumstances. You should therefore ensure that you are happy to send any mobile phone/device to us which is more than four years old for re-cycling only. You will not receive any payment for these mobile phones/devices.

5.4

We encourage the return of mobile phone/device boxes, battery chargers and mobile phone/device accessories but they do not increase the value of your mobile phone/device.

5.5

Do not include more than four mobile phones/devices in one sales envelope (or fewer if you are also sending accessories with your mobile phone/device). If sending more than four mobile phones/devices or accessories with your mobile phone/device please use a padded envelope and use one of the freepost labels in your sales pack.

6.

Wrong Models And Testing

6.1

Each mobile phone/device received at our warehouse is tested for those things listed at Clause 5.2 above. In addition, we also check that the mobile phone/device is not lost or stolen according to CheckMEND details (see Clause 9). 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 mobile phones/devices from time to time as we may reasonably determine and will update these Terms and Conditions accordingly.

6.2

As models of mobile phones/devices can look very similar, customers sometimes incorrectly identify their make and model. If on inspection we find that for any reason, the mobile phone/device model which you have sent to us is not the same as the one referred to in your sales order then we will send to you by e-mail, a value for the mobile phone/device which you have in fact sent to us and confirm the correct mobile phone/device model. You can then determine whether you wish to continue with the sale, taking into account the revised mobile phone/device value or whether you wish to reject that revised value in which case, we will send your mobile phone/device back to you, the sale will not progress and our agreement will be terminated.

6.3

To either accept or reject a revised mobile phone/device valuation, you can log on to your account where you will be given the revised mobile phone/device value and will be asked to either proceed with the sale or reject the revised value. If you do not respond to the revised value within a period of 3 (three) days, starting on the day on which we send you the e-mail with the revised valuation, we will automatically process your mobile phone/device sale after that time on the basis of the new price.

6.4

If you have any queries about how your mobile phone/device model is identified, you can contact our customer services department at:

Customer Services
Envirofone
Guildford House, Heather Close
Lyme Green Business Park
Macclesfield
Cheshire SK11 OLR

Email: enquiries@envirofone.com

7.

Damaged Mobile Phones/Devices

7.1

If we determine that your mobile phone/device is damaged, we may, at our discretion, still pay you for your damaged mobile phone/device but the value will be less than that indicated on our website and in any event, will not be more than 90 % of the original indicated value of the mobile phone/device. Accordingly, in the event that any mobile phone/device which we receive is damaged, then we will value the mobile phone/device to take account of the damage. A revised value will only be given once the mobile phone/device has been tested or inspected.

7.2

Where possible, we will offer a value for a damaged mobile phone/device but we shall not be obliged to provide you with a value for or make a purchase from you of any mobile phone/device which is damaged.

7.3

Damaged mobile phones/devices will be traded using exactly the same process as for all other mobile phones/devices.

7.4

If we do find that for any reason, the mobile phone/device which you have sent to us is damaged then we will send to you by e-mail, a revised value for the mobile phone/device, taking account of the damage to that mobile phone/device. You can then determine whether you wish to continue with the sale, taking into account the revised value or whether you wish to reject that revised value in which case, we will send your mobile phone/device back to you, the sale will not continue and our agreement will terminate.

7.5

To either accept or reject a revised mobile phone/device valuation, you can log on to your account where you will be given the revised mobile phone/device value and will be asked to either proceed with the sale or reject the revised value. If you do not respond to the revised value within a period of 3 (three) days, starting on the day on which we send you the e-mail with the revised valuation, we will automatically process your mobile phone/device sale after that time on the basis of the new price.

7.6

If you send us a mobile phone/device which is in pieces, or part of a mobile phone/device only and which has no value, we will not return the same to you and will recycle it.

8.

SIM Cards And Data Removal — Important

8.1

Your attention is drawn in particular to this Clause 8.

8.2

The sale of your mobile phone/device will not under any circumstances include the sale of a SIM card or other proprietary information. Accordingly, it is a condition of you sending your mobile phone/device to us and of any sale of your mobile phone/device to us that before sending the mobile phone/device, you remove and retain:

8.2.1

the SIM card;

8.2.2

memory cards or other media associated with the mobile phone/device;

8.2.3

all other personal details and data including without limit, all names, mobile phone/device numbers, SMS messages, photos, games, songs, video and all other data from your mobile phone/device.

8.3

Accordingly, this means that you must remove your SIM card, memory cards and media and all personal data before sending your mobile phone/device to us. This is a fundamental provision in our agreement with you which means that if you do not comply with the obligations set out in this Clause 8 then you will be in fundamental breach.

8.4

We 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 are sent with the mobile phone/device handset or personal data otherwise remains on the mobile phone/device including without limitation, any charges which you incur as a result of use of your mobile phone/device by any person and whether charges are incurred before or after receipt by us of your handset. 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 mobile phone/device or any losses or costs which arise as a result.

8.5

If you send a SIM card, memory card or personal details to us in error or otherwise, in breach of this Clause 8, we will not under any circumstances be able to return the same to you and shall have no responsibility in respect of it. For clarity, if you do send personal data to 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.

8.6

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 mobile phone/device. If you do send your SIM card to us in breach of this Clause 8 then 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 mobile phone/device to us. This is subject to any terms of agreement which you may have in place with your telecoms provider.

9.

Stolen Mobile Phones/Devices

9.1

We have access to CheckMEND, a crime protection database created to track stolen mobile phones/devices. We check mobile phones/devices against the database.

9.2

Envirofone will check the status of all mobile phones/devices received against the national CheckMend database (using the unique IMEI number). If your mobile mobile phone/device is found to be 'Red Flagged' by CheckMEND, we will contact you by email. We can only offer 50% of the full value if the mobile phone/device is 'Red Flagged'.

10.

Value And Payment

10.1

The mobile phone/device values which we show on our website are valid for a period of 14 days from the date on which you place your sales order with us except that mobile phone/device values may vary from those initially given on our website as provided in these Terms and Conditions. We reserve the right to extend the period for which mobile phone/device values remain valid but we shall not under any circumstances be obliged to do so.

10.2

Under no circumstances will payment be dispatched before your mobile phone/device is received by us.

10.3

Payments will be made in accordance with the payment method which you have selected during the sales order process. The payment methods from which you may select to receive your payment are:

1. by cheque; or
2. by BACS payment; or
3. via a PayPal Account; or
4. by payment in Argos vouchers which will be dispatched to you in the post.

10.4

Once you have selected your payment method for a particular sales order, you may vary that selection.

10.5

Payment processing is dependent on third party organisations over which we have no control. In the case of payment by Argos vouchers or cheque, this includes a postal service and in the case of payment to a PayPal account, it involves a bank. We will not be liable for any delay in your receipt of the payment as a result of third party actions or inactions or once we have issued the payment to you.

10.6

We aim to issue payments within 7 working days from the day on which your mobile phone/device has been tested and confirmed to meet our Terms and Conditions where valuations do not change or within 7 working days from the expiry of the five day period referred to in Clauses 6.3 and 7.5 where a mobile phone/device value does change. However, this timescale is indicative only and we do not guarantee that we will be able to meet such timescales.

10.7

Payments are subject to any validation and security checks which we or third party providers may stipulate from time to time.

10.8

All payments are non-transferable and will be made to the named account user in the sales order process. Payments will be sent in the case of postal payments to the address which you stipulate when you set up your account.

10.9

Payments sent in the post will be sent via First class Royal Mail post.

10.10

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

10.11

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

10.12

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

10.13

Values are shown and payments are made in euros.

10.14

Each mobile phone/device is processed separately even if included in a multiple mobile phone/device sales order. We therefore reserve the right to send payment for each mobile phone/device separately.

10.15

Nothing shall oblige us to complete any transaction with you, make a payment or fulfill our obligation to you in accordance with these Terms and Conditions in the event that we become insolvent, enter into an arrangement with administrators or if anything similar occurs, in which case our agreement with you will end immediately.

10.16

Where a payment is due to you, it will be made using the details which you have provided to us. Accordingly, it is your responsibility to ensure that you provide all correct and accurate details to us, including without limit, payment and account details. We will not be liable in the event that you fail to receive a payment or suffer a loss (including if a payment is sent to an incorrect bank account) as a result of a failure by you to input all payment and other relevant details correctly, completely and accurately.

11.

Contract Cancellations — Your Cooling Off Rights

11.1

In some cases, the law gives a legal right to cancel an agreement for any reason, at any time within 7 working days, beginning on the day after an agreement is formed or until services begin, whichever is the sooner. This is known as a "cooling off period". Once your sales order is placed with us 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 (as explained in Clause 11.2), you agree that your cooling off right will end at that time.

11.2

We begin to undertake activity and perform services to fulfill our part of the agreement when we receive your mobile phone/device. Therefore, we will not return your mobile phone/device to you and you will not be able to cancel the agreement between us once we receive your mobile phone/device. By sending your mobile phone/device to us, you agree that we may begin work immediately in order to deal with your mobile phone/device sale and that this may affect your cancellation rights and that once you send your mobile phone/device to us, your cooling off rights will no longer apply and we will not be able to return your mobile phone/device to you except as expressly set out in these Terms and Conditions.

11.3

We will return your mobile phone/device to you once you have sent it to us if when we receive your mobile phone/device, we find that it is worth a lesser value than that originally stated such that we revise the value of your mobile phone/device and you confirm that you do not wish to sell your mobile phone/device, in accordance with Clause 6.3 or 7.5.

11.4

If you do wish to exercise your cooling off rights, you must tell us in writing (including e-mail but not by telephone) that you want to do so within the period referred to above. Our contact details for this are:

Customer Services
Envirofone
Guildford House, Heather Close
Lyme Green Business Park
Macclesfield
Cheshire SK11 OLR

Email: enquiries@envirofone.com

11.5

If you inform us that you no longer wish to send your mobile phone/device to us, we will remove your sales order from our system so that we know that you will not be sending your mobile phone/device to us. For clarity, 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 Mobile Phones/Devices

12.1

Where we send your mobile phone/device back to you, we do so via Royal Mail recorded post or courier (at our discretion) and at our cost.

12.2

If Royal Mail or the courier cannot deliver the mobile phone/device, then we will request them to return it to our Head Office and we will contact you via email to check that your address details are correct.

12.3

Once we receive confirmation that the address is correct we will resend the mobile phones/devices back to you in the same way.

12.4

If a mobile phone/device has been returned to us via Royal Mail or courier for a second time or if we have e-mailed you in accordance with Clause 12.2 and we do not receive a response from you within 14 days of us asking you to confirm your address, then we will treat the mobile phone/device as our property, retain it and process the sale, for which we will send you payment at the revised mobile phone/device value which we have given to you.

12.5

We shall not be liable in the event that the mobile phone/device is subject to any loss or damage before receipt at our warehouse. Accordingly, you acknowledge that by sending your mobile phone/device to us, you do so at your own risk. Equally, if for any reason your mobile phone/device is returned to you, you will retain responsibility for risk in the mobile phone/device and we shall not be responsible for any damage sustained in transit.

12.6

We strongly recommend that you pack the mobile phone/device carefully in order to minimise the risk of damage. The prepaid envelope does not guarantee that the mobile phone/device will be received in the same condition as when it was sent. In addition, we strongly recommend that all mobile phones/devices sent to us come by special delivery. If your mobile phone/device is lost in the post we will advise you of how you might make a claim against the Royal Mail or the courier service but we cannot guarantee that this will be successful.

12.7

In the event that a package is received in a damaged state at our warehouse, the damaged package will be returned to you in order that you may make a 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 take 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.

13.

Our Liability And Risk

13.1

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.

13.2

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 mobile phone/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.

13.3

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:

13.3.1

direct loss of profit and indirect loss of profit;

13.3.2

loss of income or revenue;

13.3.3

loss of savings;

13.3.4

loss of data;

13.3.5

loss of use of money.

13.3.6

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 8 of these Terms and Conditions.

13.4

Ownership of the mobile phone/device will pass to us when we send payment to you. Mobile phones/devices will remain at your risk until we have sent you payment for the mobile phone/device.

14.

General

14.1

We will not be in any way responsible to you for a failure to purchase your mobile phone/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.

14.2

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.

14.3

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.

14.4

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.

14.5

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

14.6

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. The agreement between us will end once each mobile phone/device transaction (or dealing as the case may be) is complete although Clauses 8, 9, 10.15, 10.16, 12.7, 13 and 14 will continue to apply thereafter as well as any other provisions which are capable of having effect after the agreement ends.

14.7

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.

14.8

Any notice you send to us will be deemed delivered as follows, depending on how you send it:

14.8.1

on the day on which it is left if you deliver the notice by hand; or

14.8.2

on the day on which it is received by us if you post the notice; or

14.8.3

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 14.11.

14.9

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.

14.10

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.

14.11

We have a procedure for investigating complaints and for dealing with queries about our website. Please contact:

Online Customer Services
Eazyfone Limited
Guildford House
Heather Close
Lyme Green Business Park
Macclesfield
Cheshire
SK11 0LR

Tel: 01625 667840
Email: enquiries@envirofone.com

14.12

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 mobile phone/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.

14.13

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 mobile phone/device sale, on our records.

14.14

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.