This Trade in Service is provided by:
For Customers in England, Wales and Scotland – Alchemy Telco Solutions UK Limited (company registration number: 09689100) of Unit 16 & 17, Evolution, Hooters Hall Rd, Newcastle ST5 9QF, United Kingdom (“Vendor” “us”, “our”, or “we”) on behalf of Apple Distribution International (“Apple“).
For Customers in Northern Ireland – Alchemy Telco Solutions Limited (company registration number: 595997) of First Floor, Connaught House, 1 Burlington Road, Dublin 4 (“Vendor” “us”, “our”, or “we”) on behalf of Apple Distribution International (“Apple“).
This page tells you information about the Vendor and the legal terms and conditions (the “Terms”) on which a Customer (defined below), can trade-in their Eligible Device (as defined below) via Apple’s website www.apple.com/uk (the “Site”). The Terms set out below will apply to any agreement between the Vendor for the trade in of an Eligible Device from the Customer (the “Contract”). Please read these Terms carefully and make sure that you understand them, before trading-in any Eligible Device via the Site. By using the Site to trade in an Eligible Device, the Customer is confirming that it agrees to these Terms. If you refuse to accept these Terms, you will not be able to trade-in any Eligible Device via the Site.
“Trade in Service” means the Trade in of the Eligible Device and the purchase by the Vendor of the Eligible Device in consideration of providing the Customer a credit against the purchase of a new Apple Product.
“Vendor” means Alchemy Telco Solutions Limited (the party providing this Trade in Service), which is not Apple.
“Customer” or “you”, “your” means the person using this Trade in Service and agreeing to these Terms.
“Eligible Device” means any device that is eligible for this Trade in Service as determined by Apple and Vendor in their sole discretion.
Customer understands, acknowledges and agrees the Trade in Service is provided by Vendor and not Apple. Apple has no liability to the Customer in respect of the Trade in Service and agrees not to hold Apple responsible in respect of the Trade in Service received.
Customer represents and warrants that:
- they are the sole owner of the Eligible Device or have been authorised by the owner of the Eligible Device and that they are able to make decisions with regards to the Eligible Device;
- there are no liens, encumbrances or security interests in or attached to the Eligible Device and that no other party has a legal interest in it;
- any items Customer seeks to recycle through the Trade in Service shall not infringe any third-party intellectual property right (including copyright, trademarks, patent, trade secrets or other proprietary right);
- they are the sole person responsible for the termination of the subscription contracts linked to the Eligible Device and that neither Apple nor Vendor are in any way responsible for any connected costs or fees to be paid;
- they are not an Apple reseller;
- the Eligible Device is not counterfeit, stolen or fraudulent; and
- they are legally capable of entering into a binding contract with Vendor and they are at least 18 years old.
Ownership transfers to Vendor
Upon receipt and acceptance of the Eligible Device by Apple, title of ownership in such Eligible Device transfers to Vendor from the Customer and Customer disclaims any further right, title or interest in and to the Eligible Device or any items contained therein.
Consideration for Eligible Device
Customer agrees that the value received by them for their Eligible Device will be in the form of credit which will be used towards the purchase of a new iPhone, Mac, Apple Watch or iPad (Apple Product). There is no cash alternative and the credit cannot be used for any purpose or purchases other than those stated above. The provision of the credit will be in full satisfaction of any payment obligation for the purchase of the Eligible Device by the Vendor. All quotations and payments include VAT (as applicable).
Customer’s responsibility for their data
It is Customer’s responsibility to:
- Remove your sim card (the “SIM”) and any memory card before sending your Eligible Device to us. The SIM and memory card can contain private information, and may enable unauthorised use of your network airtime or your personal information. If you fail to remove the SIM or memory card, you agree to release us from all claims, losses or damages with respect to the use of the SIM or memory card arising before, or after receipt of your Eligible Device. Any SIMs or memory cards received by us are non-returnable and shall be disposed of;
- Delete and remove all personal file and data, whether in the form of personal details, SMS, photos, games, songs or other data, (the “Data”), from the Eligible Device; and please refer to (i) for Apple devices – Apple’s guidance on deletion of Data, storing Data to iCloud or other backup, and resetting the Eligible Device to factory settings; (ii) for other manufacturers – their guidance on deletion of Data, storing Data to the cloud or other backup, and resetting the Eligible Device to factory settings; and
- Switch off ‘Find My’ or equivalent on your Eligible Device, if it is an Apple Eligible Device.
If Vendor receives your Eligible Device with Data still left on it, the Vendor may reject the Eligible Device and cancel the contract. Please ensure you remove all data and reset the Eligible Device to factory settings (which deletes the data) before sending it to Vendor.
By sending your Eligible Device to us, you agree to release us from all claims, losses or damages with respect to the SIM, Data or Eligible Device. We accept no responsibility in relation to the security, protection, confidentiality or use of such Data or the SIM.
It will not be possible for you to obtain any Data or other content from the Eligible Device, whether stored on the Eligible Device or memory card, once it has been sent to us.
You agree that you have the sole responsibility to keep a separate backup copy of any Data before sending your Eligible Device to us; and that you have taken all reasonable steps to eliminate and delete Data that is deemed personal or confidential. The Vendor and Apple accept no responsibility or liability for any lost Data.
Where an Eligible Device is received by Vendor which, when the Eligible Device is turned on, appears not to have been reset to factory settings and Data is immediately obvious from the screen, then you hereby authorise Vendor to take reasonable actions to wipe or remove any stored Data from the Eligible Device by resetting the Eligible Device to factory settings in accordance with Apple’s or the manufacturer’s recommended guidelines and utilizing the reset functions on the Eligible Device to do so. Vendor shall have no further obligations in respect of wiping or removing the Data. Vendor accepts no responsibility for failure to maintain the integrity or confidentiality of any Data, and does not warrant or guarantee that resetting the Eligible Device to factory settings will permanently delete any Data or personal information.
Product Eligible Device trade-in process
The Site will guide you through the steps you need to take to trade-in an Eligible Device with us. Our trade-in process allows you to check and amend any errors before submitting your sale order to us.
How the Contract is formed between you and us
Nothing on this Site constitutes an offer by us to sell or purchase any goods or services.
Sending Eligible Device to us shall constitute an offer by you to sell such Eligible Device to us in return for the credit (“Your Offer“). However, please note that this does not mean that Your Offer has been accepted.
No Contract will be formed until we accept Your Offer, and by you receiving the credit.
Any Credit will be provided within 3 working days after receipt and Inspection.
Lost or Stolen Devices
If the Eligible Device is registered as lost or stolen, Vendor will retain it in accordance with local laws and guidance. The Eligible Device will NOT be returned to Customer nor will there be any credit be given to the Customer unless Customer is able to prove the legitimate ownership of the Eligible Device within 28 days. It is the responsibility of Customer to inform Vendor that they are contesting this decision. If Customer is not able to prove the legitimate ownership of the Eligible Device, it will be treated in accordance with local law and guidance.
No payments or credits will be made to customers for Eligible Devices received which are blocked or fake.
Vendor’s responsibility for loss of damage suffered by Customer
Vendor is responsible to Customer for foreseeable loss and damage caused by Vendor. If Vendor fails to comply with these Terms, Vendor is are responsible for loss or damage Customer suffers that is a foreseeable result of Vendor breaking this contract or Vendor failing to use reasonable care and skill, but, except as set out in the next paragraph, Vendor is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Vendor and Customer knew it might happen, for example, if Customer discussed it with Vendor during the sales process.
Vendor does not exclude or limit in any way our liability to Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by Vendor’s negligence or the negligence of Vendor’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Customer’s legal rights in relation to the Eligible Device.
General Terms and Conditions
This Trade in Service is provided for lawful purposes only, and Customer agrees to indemnify Apple and Vendor and any of their directors, officers, employees, affiliates, subsidiaries or agents from and against any claims brought against any of them arising from performing this Trade in Service on Customer’s behalf or for any breach of these Terms by Customer.
If you are a Consumer, then these Terms shall not affect any statutory rights you may have as a consumer.
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.
These Terms are governed by English law and Customer can bring legal proceedings in the English courts. If Customer lives in Scotland they can bring legal proceedings in either the Scottish or the English courts. If Customer lives in Northern Ireland they can bring legal proceedings in either the Northern Irish or the English courts.
Communications between us
You may contact the Vendor’s customer service team at Email: firstname.lastname@example.org. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
General Data Protection Regulations (GDPR)
Personal Information stored on your Eligible Device, about you or your friends, may well be personal data as defined by General Data Protection Regulations (GDPR). However, if you have carried out your responsibilities set out above (in particular section headed “Customers responsibility for their data” above) there should be no personal data which is apparent on your Eligible Device when Vendor receives the Eligible Device.
In the unlikely event that Vendor receives your Eligible Device which still contains personal data Vendor shall not use that personal data for any purpose. Vendor shall, as referred to in section headed “Customers responsibility for their data” above reset your Eligible Device to factory settings so that the personal data is no longer present when your turn on the Eligible Device.
You hereby agree that Vendor may resell or transfer your Eligible Device to a third party having first reset the Eligible Device (where necessary) to factory Setting.