Consumer Sell My Mac Terms & Conditions

MacRefresh Limited

Online Consumer Purchasing Terms & Conditions

OUR TERMS

  1. THESE TERMS

1.1  What these terms cover. These are the terms and conditions on which we purchase your Apple product and any original accessories of your choosing (charging cable, power supply, data cable etc.) (Products) from you, the consumer (i.e. an individual). If you are not a consumer, these terms do not apply to you. These terms and conditions refer to a situation in which we act as a buyer.

1.2  Why you should read them. Please read these terms carefully before selling your Products to us. In particular please ensure that you read Clause 9 which explain when we will pay you a lower valuation or refuse to accept your Products (returning or recycling your Product without payment). These terms tell you who we are, how we will purchase Products from you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We recommend you retain a copy of the terms and conditions for your records.

1.3  Incorporation. These terms incorporate our Privacy Policy and the website Terms of Use

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are MacRefresh Limited whose trading names are MacFinder and CreatePro, a company registered in England and Wales. Our company registration number is 07409622 and our registered office is at Unit 81, Centaur Court, Claydon Business Park, Great Blakenham, Ipswich, IP6 0NL. Our registered VAT number is GB 183724883. We operate, manage and maintainmacfinder.co.uk (‘Website’).

2.2  How to contact us. You can contact us by telephoning our customer service team at 01473 760346 or by writing to us at [email protected] or 3 Riverside Park, Rapier Street, Ipswich, IP2 8JX.

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

2.4  Writingincludes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1. YOUR USE OF OUR WEBSITE

3.1  When selling us your Products, you agree to provide the information we request from you, including but not limited to name, address, phone number, email address and bank details.

3.2  By placing an order with us through the Website, you confirm to us that:-

  • You are the legal owner of the Product(s) and the Product(s) are not subject to a finance or other hire agreement;
  • You are resident in the United Kingdom (‘UK’);
  • You are at least 18 years of age;
  • You are accessing the Website from the UK;
  • You are a consumer who is legally capable of entering into a contract; and
  • Have a UK bank account.
  1. SELLING YOUR PRODUCTS TO US

 4.1  We will not accept Product(s) if they are not wholly owned by you. If you do sell us Product(s) which are subject to finance or any other form of hire agreement, you remain legally obliged to fulfil the remaining terms of the relevant finance/hire agreement (including but not limited to any continuing payment obligations) and you agree to indemnify us on a continuing basis against any losses suffered as a result thereof.

4.2  When you sell your product(s) to us through our Website, you will be asked to enter the model/specification and select the condition of your item. The conditions grades are defined as follows:-

  • Excellent – Items classified as excellent condition are in the exemplary condition. These systems show only very minor signs of use on the external casing. The screen must be free of any inconsistencies or imperfections.
  • Good – Items in good condition are considered expected for its model and year. A few scratches, minor dents or marks which are a sign of normal wear and tear on the chassis. No major imperfections.
  • Fair – The item has cosmetic defects. The defects may be limited to just one large dent or deep scratch alternatively it could consist of numerous minor scratches or marks on the chassis or screen.
  • Poor – Numerous severe marks, scratches, dents around the item both on the chassis and screen.

4.3  You will then be provided with a valuation for your Product(s) (‘Valuation’). The Valuation is valid for 14 days and is strictly subject to your Product(s) passing our Product Assessment process (Clause 9).

4.4  Once you are happy with the Valuation provided, you can then click ‘Confirm Sale of My Mac’. We recommend that you read Clause 9 before confirming your order.

4.5  You will then be asked to tick the ‘Accept T&Cs’ box. It is important that you have read and understood these terms and conditions before you tick the ‘Accept T&Cs’ box.

4.6  We will then ask you to confirm how you wish to be paid, either by bank transfer or store credit.

4.7  We will follow this up with a confirmation email, containing further details of when and how we will collect the Product(s).

4.8  We will collect the Product(s) from you free of charge.

4.9  You are responsibly for correctly packaging the Product(s).

4.10  A box can be provided to you (upon request) during the ordering process. Where you choose not to request a box, you must use equivalent packaging.

4.11  Where the Product(s) have not been correctly packaged by you, we are not liable in any way whatsoever for any loss of any kind, direct or indirect, which you may suffer as a result.

 VALUATION

 5.1  The Valuation provided to you is valid for 14 days from the date you place your order with us, strictly subject to your Product(s) passing our Quality Assessment. If your Product(s) do not pass our Quality Assessment then we reserve the right to re-value your Product(s).

5.2  Our revised valuation process is set out in Clause 9. We recommended that you read Clause 9 and understand clearly our rights to re-value your Product(s) and how this may affect you.

5.3  Any Valuation is provided to you taking into account (but not limited to) the following:-

  • Market value;
  • Specification;
  • Condition; and
  • Accessories included.

5.4  No other valuation by any other method will apply.

5.5  If you fail to send your Product(s) to us within twenty-one (14) days from the date that you place your order

we shall have the right, at our discretion, to revalue your Product(s).

  1. OUR CONTRACT WITH YOU

6.1  By submitting a form on our Website, accepting a sale quote via email or by signing these terms and conditions below (‘Product Offer’) you are offering to supply us with your Product(s) for the price set out in our Valuation.

6.2  You will receive confirmation of our conditional acceptance of your order by email confirming your order has bene processed and that you should send the Product(s) to us (‘Order Confirmation’) for Product Assessment.

6.3  Any obligation we have to pay you is strictly conditional upon your Product(s) passing our Product Inspection.

6.4  The contract between us, which sets out our legal obligations to each other as set out in these terms and conditions, is formed when we send you the Order Confirmation.

6.5  If your Product(s) pass Product Assessment, we will pay you the amount of the Valuation.

6.6  If your Product does not pass our Product Assessment, we may pay you the amount of a revised valuation provided by us in accordance with there terms and conditions (‘Revised Valuation’) or we may arrange for your item to be returned or recycled, as per Clauses 9.6 and 10.

6.7  If you do not agree with to the terms and conditions dealing with revaluation and recycling of your Product(s), then you should not place your order on our Website or send us your Product(s).

6.8  Nothing in these terms and conditions shall affect our right to revise the Valuation of your Product(s) if your Product(s) does not pass our Product Assessment.

  1. YOUR RIGHTS TO CANCEL

7.1  You have the legal right to cancel your contract with us at any time, without giving us any reason, within 14 days from the date of the Order Confirmation (i.e. the date the contract is formed). This is called the ‘Cooling off Period’.

7.2  However, if you ask us to start providing services to you during the Cooling Off Period you may lose your right to cancel after you have made the Product Offer.

7.3  Even where you ask us to start providing services, if you wish to cancel your order after we have begun providing the services, but before we have received and begun inspecting your Product(s), we will make efforts to ensure that your order is cancelled. We cannot guarantee this however, and you must be aware that once you Offer, Clause 7.2 will apply.

7.4  If we have not yet collected your Product(s), you may be able to cancel the contract by contacting us and telling us In writing that you want to do so as soon as possible. If you inform us that you no longer wish to send your Product(s), we will remove the relevant Product(s) or order from our system. In those circumstances, you will not be entitled to any payment from us. To exercise your cancellation rights please contact us on [email protected]

  1. RISK AND TITLE IN PRODUCT(S)

8.1  Risk in each Product(s) will transfer to us once we received your Product(s) from you.

8.2  Title to (or ownership of) the Product(s) will transfer to us on the earliest of either:-

  • The Product(s) passes the Product Assessment;
  • After the Product(s) fails the Product Assessment, you accept our Revised Valuation for the Product(s), as set out in Clause 9.9 or
  • After the Product(s) fails the Product Assessment, you ask us to recycle the Product(s) for you.
  1. PRODUCT INSPECTION, ASSESSMENT AND REVISED VALUATION

9.1  All Products sold to us are inspected by us as part of the Product Assessment process. We reserve the right to revise any Valuation or reject your Product(s) at any time.

9.2  All Products sent to us will have their serial and (where applicable) IMEI numbers checked using CheckMEND, a part of the Recipero Crime Reduction Ecyoststem.

9.3  Any Product you send to us should match (including but not limited to) the make, model, size, colour and condition as described by you when using the Website to sell your Product to us. Any Products sent to us that are not as described when you entered details of the Product on the Website will automatically fail the Product Assessment process.

9.4  The condition you described the Product to be in when selling it to us on the Website has a direct impact on the Valuation and therefore if we determine (in our absolute discretion) the condition to be different from that which you described when selling the Product to us on the Website, we reserve the right to offer you a Revised Valuation.

9.5  The reasons for us giving you a re-valuation or rejecting your Product(s) include but are not limited:-

  • You are not eligible to sell the them to us via the Website, as per Clause 3.2;
  • The Valuation provided via the Website was done in error;
  • You fail to submit the required details;
  • You fail to send your Product(s) to us, either within 14 days (Clause 5.5) or at all;
  • Your Product(s) are not as described when you sold them to us on the Website;
  • Your Product(s) fail our Product Assessment process.
  • Your Product(s) is region locked, network locked, firmware locked or iCloud locked when it is sent to us;
  • Your Product(s) is damaged in transit;
  • You fail to comply with our Acceptable Communication Policy;
  • The Product(s) is registered stolen lost or is counterfeit; or
  • You have failed any payment security checks.

9.6  Products will be given a zero value when they are uneconomical to repair. We will return the Product to you (as per Clause 10.2 below) or recycle it.

9.7  If your Product fails our Quality Assessment process we have the right to re-value your Product in accordance with Clause 9.5. We will contact you via email and inform you of the new Valuation for the Product.

9.8  You will have 7 days to accept the Revised Valuation that we have provided.

9.9  If you accept the Revised Valuation, the new price agreed between you and us for the Product(s) will be updated in the order and we will then process payment for the Product(s). This Revised Valuation will be the new price for the Product(s) and will be the last and only price for the Product(s).

9.10  Please be advised that we cannot reverse any Valuations/Revised Valuation accepted by you in error.

 9.11  If you chose to decline the Revised Valuation or do not respond to accept the Revised Valuation within seven (7) days of us emailing you and informing you of the same, we will return the Product(s) to you at the address you have provided when selling your Product(s) to us.

9.12  You accept and agree that we are not liable in any way whatsoever for any loss of any kind, direct or indirect which you may suffer as a result of your failure to act within the seven (7) day period and accept or decline the Revised Valuation.

9.13  We assume no responsibility whatsoever for the validity of the details you provide and it is your responsibility at all times to ensure that the payment details you have provided on the Website are correct, complete and accurate.

RETURN OF PRODUCT(S)

 10.1  If you choose to decline the Revised Valuation within the seven (7) days period, then the Product(s) will be returned by our chosen courier to you (UK addresses only) and the Product(s) shall be dispatched the next Working Day. You will be required to pay fees for the return of the Product as per Clause 10.4. Please note that Product(s) not intentionally included within the order will recycled and will not be returned (i.e. chargers, headphones, the original box, screen protectors, cases, etc), so please remove these before sending your order.

10.2  If we choose to cancel your order , fail to accept or respond to any revised Valuation of your Product(s) or send us locked Product(s) we will confirm this to you in writing. You will be required to pay fees for the return of the Product as per Clause 10.4.

10.3  Fees for the return of your Product(s) are set out below at Clause 10.4 (‘Courier Fees’).

10.4  Courier Fees are as follows for non-mainland UK:-

Laptop – £20.00

Small Desktop – £20.00

Large Desktop £30.00

All-in-one System – £25.00

Phones and Tablets – £15.00

10.5  It is your sole responsibility to ensure that the address details provided by you are valid, accurate and correct and you accept and agree that we shall not be liable for any loss of any kind that you may incur due to Product(s) being returned by us to an invalid or incorrect address as a result of your failure to provide valid, accurate and up to date address details.

  1. PAYMENT

11.1  Payment will be made to you in accordance with these terms and conditions.

11.2  You will only be paid following completion of inspection and assessment of your Product(s) in accordance with Clause 9 and payment can only be made into the account of the seller of the Product(s).

11.3  Payment can be made to you by way of bank transfer, PayPal, or store credit, whichever is preferred by you. Once you have selected a payment method this cannot be changed and it is your responsibility to ensure that all payment details provided are accurate.

11.4  We will not be held liable for any losses suffered by you as a result of your failure to provide correct, complete and accurate payment details, including but not limited to where payment is sent to an incorrect account or recipient.

11.5  Payment by way of bank transfer will typically clear within three (3) to five (5) working days. We cannot be held liable for any delays in payment caused by third parties. 

11.6  Payment will be made in Great British Pounds only and are exclusive of VAT.

11.7  All payments will be subject to security checks by us and/or third parties.

11.8  Please be advised that any further items included in the Product(s) package sent by you to us will not be paid for.

  1. LOCKED DEVICES & SIM CARDS

12.1  We do not accept any Product(s) which have not been removed from iCloud, have Find my iPhone turned on or are subject to any other iOS security features.

12.2  If you do send any Product(s) to us in breach of Clause 12.1, your order will be cancelled in accordance with Clause 10.2.

12.3  It is your sole responsibility to ensure that any Product(s) you send to us are not subject to any security features as described in Clause 12.1.

12.4  If you send us any Product(s) with a SIM card we are not responsible for the SIM card (or any costs/fees associated with the same) and it will not be returned to you.

12.5 We will not be held liable for any losses suffered by you as a result of your failure to remove any SIM card(s) for your Product(s) (including but not limited to phone contract charges) and you agree to indemnify us in respect of any such costs. 

  1. DATA

13.1  We recommend that you delete all personal information (‘Data’) that is or may be stored on your Product(s) (including images, passwords, songs etc.).

13.2  Please ensure that you remove any SIM, media storage, memory cards or similar devices from your Product(s) prior to sending them to us.

13.3  If we discover that your Product(s) includes any of the devices set out in Clause 13.2 or Data, we shall have no responsibility to return these and shall dispose of them responsibly.

13.4  We shall have no liability for any losses, claims or damages arising in respect of any Data which you fail to delete from your Product (whether knowingly or unknowingly).

13.5  Please be advised that we will make a secure data erasure on your Product(s) upon receipt.

13.6  It is your responsibility to remove Data from any Product(s) prior to sending it to us and to cancel any contracts (e.g. with your phone company) linked to the Product(s).

STOLEN, LOST AND COUNTERFEIT PRODUCTS

14.1  Upon receipt of your Product(s) we will check them against the National CheckMEND Register (‘Register’). The Register identifies devices that have been lost, stolen, blocked or barred with a ‘red flag’.

14.2  If we find that you have sold us any Product(s) that have been registered or reported lost, stolen, blocked or barred, or we believe the Product(s) you have sent to us could be counterfeit we will notify you by email and quarantine the Product(s) whilst we contact the relevant authorities.

14.3  If your device is found to have a ‘red flag’ against it, you will have twenty-eight (28) days to contact CheckMEND (‘Quarantine Period’), who will provide advice on how to prove that you are the legal owner of the Product(s). You can begin the process by visiting the CheckMEND website at http://www.checkmend.com/uk/.  You will be asked to provide a brief description of the issue, as well as your certificate ID number which we will provide you with in our notification email in accordance with Clause 14.2.

14.4  We cannot send your Product(s) back to you or make any payments during this period, and are legally required to dispose of the device if the ‘red flag’ against your device is not lifted within the Quarantine Period.

14.5  We accept no liability or responsibility for rejecting your Item or not returning your Item to you in these circumstances. The Product(s) may be passed to the Police or destroyed.

  1. LIABILTY

15.1  To the extent that we are liable to you for breach of contract, negligence or any other liability arising under these terms and conditions, our liability shall at all times be capped at the Valuation of the Product(s) which is the subject of your claim.

15.2  We shall not be liable for any special indirect, punitive, incidental, special or consequential damages relating to your Contract with us. This includes but is not limited to direct and indirect loss of profit and loss of income.

15.3  Nothing in these terms and conditions shall exclude or limit our liability for:

  • Your death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or the Consumer Rights Act 2015; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

15.4  Nothing in these terms and conditions shall affect your legal rights.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

We are committed to protecting your privacy. We will only use your personal information as set out in our Privacy Policy.

  1. OTHER IMPORTANT TERMS

17.1  We may transfer our rights and obligations under these terms to another organisation.

17.2  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Therefore, if a court finds part of this contract illegal, the rest will continue in force.

17.5  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6  These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

END DOCUMENT