Terms & Conditions
Please read the following important terms and conditions before you sell anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
This contract sets out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
In this contract:
‘we’, ‘us’ or ‘our’ means OG Exclusives London Ltd trading as Grade Mobile; and
‘you’ or ‘your’ means the person using our site to sell goods to us.
‘our site’ means www.sell.grademobile.co.uk.
If you have any questions about this contract or any orders you have placed, please contact us by:
sending an email to firstname.lastname@example.org; or
calling us on 0300 303 4949 (our telephone lines are open 9am to 5pm Monday to Friday excluding bank holidays).
Who are we?
We are OG Exclusives London Ltd trading as Grade Mobile, a company registered in England and Wales under company number: 08955418.
Our registered office is at: Crossways School Road, Charing, Ashford, Kent, TN27 0JN. Our VAT number is: 257 6502 89 GB.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1.1 Subject to clause 1.5, if you sell goods to us via our site you agree to be legally bound by this contract.
1.2 These terms and conditions apply only if:
1.2.1 you are selling goods to us via our site as a consumer (i.e for purposes outside of your business, craft or profession). If you are selling goods to us in the course of business, please speak with our Business Manager email@example.com]; and
1.2.2 you are located in the United Kingdom
1.3 This contract and the means of concluding the contract are only available in English. No other languages will apply to this contract.
1.4 When selling any goods to us via our site you also agree to be legally bound by our website terms and conditions.
1.5 If you are selling goods to us as consideration or part consideration for the purchase of goods from us, as part of a ‘Buy and Trade’ scheme, the relevant clauses of our terms and conditions of sale in relation to www.grademobile.co.uk shall apply.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’) say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please read the acknowledgement email (see clause 4.4).
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
3.2 Your privacy and personal information are important to us. Any personal information that you
4 Selling goods to us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You make a sale request on the site or through a comparison site by:
4.2.1 Selecting the relevant make and model of the device you wish to sell us (your Device);
4.2.2 Entering the following specifications of your Device:
(b) Condition (see clause 7.2.3)
(c) Storage capacity;
(d) Such other details as we may from time to time require, as stipulated on our site.
4.2.3 Filling out your address, bank details for payment and such device IMEI or other identifiers as we may require.
4.2.4 Accepting our ‘up to’ quotation (see clause 7.1) and submitting your sale request.
4.3 By completing your sale request, you warrant that you are the owner of your Device and that the information you provide in respect of your Device is accurate to the best of your knowledge.
4.4 At the end of the above process, you will be given the opportunity to identify and correct any input errors in your sale request and be invited to submit your sale request by clicking on the ‘Sell Device’ button, upon which we will acknowledge your sale request by email. This acknowledgement does not, however, mean that your sale request has been accepted by us.
4.5 We may contact you to say that we do not accept your sale request. This is typically for the following reasons:
4.5.1 we no longer accept trade in devices of the specification of your device;
4.5.2 there has been a mistake in the ‘up to’ quotation;
4.5.3 we do not carry out business in your geographical jurisdiction.
4.6 We will only accept your sale request when we email you to confirm this (Confirmation Email). At this point:
4.6.1 a legally binding contract will be in place between you and us; and
4.6.2 we will dispatch a postage pack to you.
4.7 We reserve the right to cancel your sale request in the event that any of the events listed at clause 4.5 occurs or is discovered by us after sending you the Confirmation Email.
4.8 A copy of the contract between us will be filed by us and accessible on request.
5 Right to cancel
5.1 You have the right to cancel this contract at any time before you send your device to us, without giving any reason.
5.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract through the portal. A portal link will be sent upon receipt of your order.
5.3 The Regulations say that you have the right to cancel within 14 days of placing your sale request (‘the cooling off period’), but that if you request that we commence our services sooner than the end of that period, you lose the right to cancel thereafter. By sending us your device, you are requesting that we carry out our services, i.e. examine and grade the device, and arrange for the payment for the device to you. Accordingly if you send us your device within the cooling off period, your cancellation rights under the Regulations (as well as under these terms) shall end.
5.4 We may at our absolute discretion consider a request by you to cancel the contract received after you have sent your Device to us, but:
5.4.1 We have no obligation to accept your request
5.4.2 We reserve the right to charge you (a) for the reasonable expenses of returning your Device to you, and (b) a surcharge of £25, if we should accept your request; and
5.4.3 We bear no liability for any data loss on your Device arising from our processing of it prior to notice of your desire to cancel.
6 Sending your Device to us
6.1 You can send your Device to us, at no charge, by either:
6.1.1 Generating and printing a Royal Mail shipping label by following the link here, or by generating a QR code for your package via the same link, for the Post Office to scan; or
6.1.2 Following the instructions on the postage pack we shall send you following the Confirmation Email.
6.1.3 Notwithstanding that we may provide a returns label it remains your responsibility to ensure there is sufficient insurance cover for the cost of the products being sent to us. We accept no responsibility for devices that are not received by us.
6.2 In either case, you must box up and wrap your Device safely and securely, in accordance with such detailed instructions as we may provide you with the postage pack or in the Confirmation Email. We accept no liability for damage to your Device in transit.
6.3 Before you send your Device to it is essential (and a condition of any payment to you under these terms) that you remove from your Device:
(a) your passcode / pin lock / other enabled security,
(b) your Face ID,
(c) your iCloud account,
(d) your sim card,
(e) your personal data,
if these have been added by you to your Device.
6.4 If your Device, when received by us, is locked in any way which prevents use of any one or more of its functions or resale, we may at our discretion attempt to liaise with you to remove such lock(s) but reserve the right to cancel the contract (with or without having attempted to remove the lock(s) by liaising with you), and to charge to you (a) the reasonable expenses of returning your Device to you, and (b) a surcharge of £25.
7.1 When you provide the specifications of your Device on our site (see clause 4.2.1 and 4.2.2), it will provide to you a maximum price (the Up To Value), based on that information. The way in which we assess the value of devices is set out on our site. This does not constitute any representation, warranty or advice in respect of your Device.
7.2 Upon receipt of your Device we will:
7.2.1 Check that your Device matches the description you provided in your sale request;
7.2.2 Verify your Device against the GSMA Register (see clause 7.4).
7.2.3 Check your Device’s condition including (without limitation) the functionality, network, condition, battery health, third party parts, screen burns, device specification, and background;
7.2.4 (Where your Device is received more than 14 days after your sale request) reassess the Up to Value based on current market conditions, in case there should have been a material change in the same since the date of your sale request.
7.3 We aim to carry out the assessment at clause 7.2 on the same day as receipt (excluding weekends and bank holidays), though this can take longer at busy times.
7.4 If your Device registers as lost, stolen, blocked or barred, or we have reason to believe the device is lost, stolen, blocked or barred, we will quarantine your Device for 14 days, during which you may wish to contact GSMA if you believe that the registration is incorrect. If you have been unable to prove (based on GSMA standards or guidance) that your Device is owned by you after the 14 day period has elapsed, we will cancel the contract and will be legally obliged to destroy your Device without liability to you. In no circumstances do we accept lost or stolen Devices and in the events described in this sub-clause we would be entitled to the repayment by you of any monies paid to you in pursuance of the contract.
7.5 In addition to the reservation at clause 7.4 above, in the event that your Device is reasonably adjudged by us upon receipt to be brand new, we will quarantine the Device for 14 days to facilitate blacklist checks (as a precaution, in the event that the Device is subject to third party funding).
7.6 If, following the assessment at clause 7.2 and in view of the matters listed in that sub-clause, we agree to pay the Up To Value for your Device, we shall pay you to the bank details provided with your sale request, in accordance with clause 8. Subject to clauses 7.4 and 7.5, we shall aim to make the payment on the same day as the completion of our assessment under clause 7.2.
7.7 If we assess your Device as being either (i) not in conformity with the description you provided, or (ii) of a lower quality / condition grade than the Up To Value provided for or (iii) subject to such defects (for example, in relation to one or more of the matters listed at clause 7.2) which affect your Device value, we shall:
7.7.1 reassess your Device (the Reassessed Value);
7.7.2 inform you by email and SMS of the Reassessed Value (the Revised Offer).
7.8 Upon receipt of Revised Offer, you may cancel the contract with us and receive back your Device at no charge. In order to cancel the contract, you must inform us by cancellation through our portal (Your quotation notification will contain a portal link to officially respond), within 48 hours of the Revised Offer.
7.9 If you either notify us of your acceptance of the Revised Offer or do not cancel the contract within 48 hours of the Revised Offer, we shall make payment to you for your Device in accordance with clause 8 and you shall have no further right to cancel the contract.
8.1 You warrant and are responsible for the accuracy of the bank details you provide with your sale request in accordance with clause 4.2.3. We cannot accept any further liability to pay you for your Device if we make a payment to an account which does not belong to you in consequence of an error in the bank details you provide with your sale request.
8.2 Subject to sub-clause 8.1, we shall make payment to you to the bank details provided with your sale request in the events described at clause 7.5 or 7.9. We will aim to do so within 24 hours of the said event though it may take longer at busy times.
9 Returning your Device
9.1 In the event that we have to return your Device to you (for example, in the event that either of us cancels the contract) we shall use Royal Mail’s tracked delivery service to return your Device.
9.1.1 Royal Mail's Tracked delivery service includes maximum compensation of 150.00 GBP for damage, or loss, subject to Royal Mail accepting, and granting the claim.
9.2 We shall aim to return your Device to you within 3 days of the cancellation of the contract, please note however that:
9.2.1 Where cancellation takes effect on a weekend or bank holiday, or after 4pm on a Friday, processing the return of your Device will be postponed accordingly;
9.2.2 Where we have required under this contract the payment of reasonable postal expenses or an administrative fee in consequence of cancellation, we reserve the right to delay the return of your Device pending the receipt of payment;
9.2.3 Events outside of our control, such as inclement weather conditions and strikes, can impact on the time of delivery, for which we cannot accept responsibility.
9.3 Delivery will take place at the address specified by you when you placed your order with us.
9.4 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
10 Limitation on our liability
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
10.1.1 losses that were not foreseeable to you and us when the contract was formed;
10.1.2 losses that were not caused by any breach on our part;
10.1.3 business losses; or
10.1.4 losses to non-consumers.
10.2 Without prejudice to the generality of clause 10.1, we shall not be liable to you in respect of:
10.2.1 the loss, corruption or damage to any of your data or media stored on your Device. It is your responsibility to backup any of the data stored on it before doing so. We routinely wipe phone data for devices sent to us and do not offer a data recovery service;
10.2.2 the loss of any accessories (including memory cards) sent to us with a device which were not meant to be.
10.2.3 any damage or loss to the device, the device is only under our liability when the device is in our building.
10.2.4 if you send your device using our free shipping service by Royal Mail (Tracked 24 / 48), these mentioned shipping services only include a maximum compensation of £150.00 GBP for damage, or loss, subject to Royal Mail accepting, and granting the claim.
11 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our warranty to that person.
12.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the beginning of these terms.
12.2 Our Complaint Handling Policy can be accessed here.
12.3 Relevant United Kingdom law will apply to this contract. If you want to take court proceedings,
the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
13 Changes to our terms
We reserve the right to alter these terms, our prices and any other part of our site at any time. Any alterations will be posted to our site.
14.1 From time to time we will receive miscellaneous devices. We deem a device miscellaneous when at least 6 months have passed without the device being claimed. Miscellaneous devices originate from: a device we receive, that has no details contained in the package or sent along with the device, that allow us to reasonably match the device to an individual, order, or customer. These devices are held in quarantine for 6 months. During this period, we hope the owner or sender of the device will get in touch with our customer service team at firstname.lastname@example.org to claim their device. Proof of purchase and the IMEI ID will be a minimum requirement to verify ownership. If a device is left unclaimed for over 6 months, we will recycle the device. We cannot hold unknown devices indefinitely, as this poses security risks.
You have sole responsibility for any data stored on your Device and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data. If you return/send an item to us for whatever reason, we do not take any liability for any data on the Device or for the loss, mishandling and corruption of any data. We take no responsibility for loss or damage during transit, delivery or shipping. We only become the owner of the Device once we have sent payment to You.
By sending Your Device to Us, You agree to release Us from all claims, damages or losses with respect to the Device and any other item sent to us with the Device, any data stored therein or on any media used in conjunction with the Device and/or any accessories, (This could be in the form of but not limited to personal details, SMS, photos, games, songs or other data). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is the responsibility of the customer to ensure that such data is removed from the Device and/or any accessories before sending the Device to us. By sending your Device to Us, You agree to release Us from all claims, damages or losses caused by any courier, whether the item was shipped by a courier provided by us or shipped independently through a 3rd party. We do not accept liability for knowing the location of the device until the device has reached our facility. A device is only deemed to be received by us once a confirmation email has been sent by us of being in possession of the device.
Please ensure your data is wiped or backed up before sending your device to us. We do not offer a data recovery service. Pin Locks and passwords must be removed before you send your device to us. If we receive a device with a Pin Lock and/or iCloud on the device, we will quarantine the device to comply with auto-theft policies and we may reject your order/return with a £25.00 charge payable. We advise that all sim cards, memory cards, and accessories are taken off/out the device before returning/sending a device. We will not be liable for the loss of any accessories, sim card, memory or any item sent back to us. If a device has been rejected and a valid return tracking number has been provided, we are not liable for any damage or loss to the device, the device is only under our liability when the device is in our building.
Grade Mobile respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you. It applies to information we collect in relation to:
- Users of our website;
- People who use our services;
- ˙supply us with goods or services;
- People who contact us via any medium (e.g through our website, by post, email, telephone or social media).
Controller and contact information
Grade Mobile (Part of OG Exclusives London Ltd) is the controller and responsible for your personal data (collectively referred to as “Grade Mobile”, “we”, “us” or “our” in this privacy notice).
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, company name, date of birth and gender].
Contact Data includes [billing address, delivery address, email address and telephone numbers].
Financial Data includes [bank account and payment card details].
- Transaction Data includes [details about payments to and from you and other details of products and services (such as serial number and IMEI you have purchased from us, or sold to us].
- Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website].
- Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
- Usage Data includes [information about how you use our website, products and services].
- Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
- Unknown Data includes data on devices received for erasure and destruction services, where we do not access or record the data and simply erasure/destroy.
- We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party), by which we mean in the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the OG EXCLUSIVES LONDON group for marketing purposes.
We may contact you to leave a review of our products or services on one of our own sites or a third party review aggregate such as Trustpilot.
You can ask us or third parties to stop sending you marketing messages at any time by opt-out links on any marketing message or emails sent to you at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, product/service experience or other transactions.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Service providers acting as processors based in England and Wales who provide IT and system administration services, Logistics Services and downstream processing, including the following:
- Royal Mail
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based England and Wales who provide consultancy, banking, legal, insurance and accounting services, including the following:
- Accounting Services
- HR advice
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
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