The Terms & Conditions for www.milkmymobile.com are set out below. As part of the offer acceptance process you will need to accept these terms and conditions. You need to be aware these terms and conditions need to be accepted for you to be able to place an order via the site.
Prior to submitting a sell order we strongly recommend you read these Terms & Conditions carefully and keep a copy for your future reference.
For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so, as defined by the Unfair Contract Terms Act 1977. By placing an order through our site, you warrant that:
If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.
Mobile phone dealers, stockists, or specialist retailers or distributors of mobile phones are excluded from the offers on this site unless a specific exception has been agreed in writing by a director of Milkmymobile.
Goods must arrive within fourteen days of the date of the quotation. If the goods arrives later than fourteen days from the quotation date then Milkmymobile will offer the lower of the quote price or the current price available on the site on the day the goods arrive, subject to the device being tested to ensure the answers you have provided on the original quote are correct.
Liability for Sim Cards and Data stored on the phone
It is your responsibility to remove your Sim card before sending your phone to Milkmymobile. Sim cards can contain private information, and may enable unauthorised use of your network airtime. If you fail to remove your Sim card, you agree to release us from all claims, losses or damages with respect to the use of Sim card arising before, or after receipt of your handset.
Any Sim cards received by us are non-returnable.
It is your responsibility to remove any personal data from the phone. By sending your phone to us, you agree to release us from all claims, losses or damages with respect to the Sim card or phone, any data stored or contained therein or on any media used in conjunction with the phone (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")). Milkmymobile accepts no responsibility in relation to the security, protection, confidentiality or use of such data.
It will not be possible for you to obtain any data or other content from the phone, whether stored on the handset or memory card, once it has been sent in.
Phones and Devices
Each mobile phone or device sold should match the make and model in the sale order and meet the following conditions per our questions:
Power Up/Water Damage (Does Phone Power up and no water damage?)
LCD Touchscreen cracked not working/fully functional (Is the LCD Screen Free from Scratches and Phone fully functional?)
*All features such as making & receiving calls, Wi-Fi, Camera, Video must work as intended..
**Applies to touch screen phones and devices only.
Casing Chipped or Damaged in anyway (Is the casing/glass free from chips or damages?)
Any buttons or keypad damaged or not working (Are all buttons and keypad working?)
In addition, all devices must not be 'activation locked' and must be deregistered (removed) from any iCloud (Find my iPhone/iPad) accounts or other Anti-Theft mechanism activated on any make or model of device.
All phones and devices must be on a UK network or not locked. Phones or devices locked to a foreign network will not be accepted.
By submitting an order through our site you warrant that the phone(s) comply with these terms.
Once your goods have been received and inspected, milkmymobile will contact you via email or text to confirm the amount milkmymobile offers for them.
If a phone fails to meet our terms and conditions we'll propose an adjusted price by email or via our online portal. If you choose to decline our new offer, we are happy to return the phone. Please allow up to 7 working days to receive your returned phone.
We reserve the right to charge £10 to cover handling and postage. If for whatever reason milkmymobile cannot send you back your original phone then milkmymobile will be obliged to make payment for the full quoted amount.
We have the final decision on all phone values. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 5 days.
Under no circumstances can goods be returned after this five day period.
Additional accessories that have been sent in with your handset which have not been requested by milkmymobile cannot be returned.
Goods which are “lost, blocked, or stolen” will not be returned in accordance with Home Office guidelines. “Fake” goods will be returned if milkmymobile considers that they were remitted in good faith.
Wrong Make and Model
Should the customer return either a prototype, or a different model than that quoted by milkmymobile, milkmymobile will offer an amount for the returned model based on the price displayed on the site on the day the model or prototype is returned. We will not pay an amount for prototypes.
Stolen, Blocked and Fake Phones
Selling a mobile phone or device which you do not own may amount to a criminal offence.
We will check the IMEI/Serial number of all mobile phones and devices received on the CheckMEND (www.checkmend.com) database of lost and stolen property records to ensure no lost or stolen items are purchased.
If a mobile phone or device is found to have a record that indicates it has been lost or stolen or we become aware of any other issue relating to its ownership, we will notify the seller by email and quarantine the mobile phone or device for an initial period of 28 days ("the Quarantine Period"). Payment for the mobile phone or device will be withheld by us until the CheckMEND record does not show the mobile phone as stolen or lost.
In such circumstances you will be required to contact CheckMEND to prove that you are the rightful owner of the mobile phone or device and have the lost or stolen records associated with it cleared within the Quarantine Period and/or resolve any other issue relating to its ownership.
If during the Quarantine Period the mobile phone or device is cleared on the CheckMEND database and any other issue relating to ownership of the same is resolved, your sale will be processed and paid for as normal.
However, where the mobile phone or device is not cleared on CheckMEND within the Quarantine Period, we will be required by law to hold onto the mobile phone or device, pass it to the Police or other law enforcement body or dispose of it, and by entering into this contract, you expressly agree to this action. You will not receive any payment if such steps are taken.
UK legislation states that we cannot under any circumstances return or pay for a mobile phone or device which is lost or stolen or recorded as such.
If you have received payment from us for a mobile phone or device which we subsequently become aware of an issue relating to ownership, you agree to immediately reimburse us in full, within 3 business days following a written request by us, for any such payment pending an investigation by us or any law enforcement body into ownership of the device or mobile phone.
If we at any time become aware of any issues relating to the ownership of the mobile phone or device, you agree to co-operate with us fully with a view to resolving the issues. You may also be contacted by the Police and/or other law enforcement authorities.
We may disclose seller details to the Police or other authorised bodies (such as, but not limited to, network operators and insurance companies) for the purpose of investigating or preventing a crime. By entering into this contract you agree to us supplying data to the police or other authorised bodies for the purpose of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property.
“Fake” phones are counterfeit phones which are manufactured to resemble products made by another company in breach of Copyright.
Milkmymobile will make no payments to customers for phones received which are either “Lost, Blocked or Stolen” or “fake”.
During the checkout process you will be asked how you would like to receive payment for your goods. This payment option cannot be changed once the order has been placed.
Milkmymobile initiates payments to customers as follows:
Cheques - 3 working days after receipt and inspection
BACS, Paypal or voucher payments - same day as receipt and inspection
(please note we will not be held liable for any delays in bank processing times or incorrect details provided by the consumer upon check out)
Please Note: Payment can only be made using the details given during the checkout process. If you have lost your cheque or voucher you can request for it to be cancelled and re-issued. A cancellation fee of £7 will apply and will be deducted from the re-issued cheque or voucher amount.
All valuations and payments include VAT.
Postal Damage and Loss
Milkmymobile takes no responsibility for the loss of, or damage to, goods in transit.
For each package you send in it is your responsibility to:
1) Ensure it is adequately insured for loss in transit, and
2) Ensure that it is adequately physically protected.
Milkmymobile accepts no liability for any loss sustained due to inadequate packaging when Milkmymobile supplied return bags are used.
Milkmymobile sometimes uses other companies to fulfil logistics services, Milkmymobile will need to pass some personal details relating to the Customer to these parties. The Customer's personal data will only be processed for these particular services, and will be processed under the control of Milkmymobile. None of your personal details will be shared with any other organization without your express permission.
Events Outside of Our Control
Milkmymobile will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
Formation of Contract
Nothing on this Site constitutes an offer by Milkmymobile to sell or purchase any goods or services. Where you post in goods to Milkmymobile, this shall constitute an offer by you to sell the goods to Milkmymobile. No contract will be formed until Milkmymobile accepts your offer, either by making a payment to you within the time frame set out under the “Payments” section above, or by contacting you to acknowledge receipt of your goods together with a change in the proposed purchase price as set out in these terms and conditions.
Whilst Milkmymobile endeavours to ensure that the information on this Site is correct, it does not warrant the accuracy and completeness of the material on this Site. Milkmymobile may make changes to the material on this Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and Milkmymobile makes no commitment to update such material. The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, milkmymobile provides you with the Site on the basis that milkmymobile excludes all representations, warranties, conditions, and other terms, which, but for this Legal Notice might have effect in relation to the Site.
Milkmymobile, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any Sites linked to this Site or the material on such Sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any Sites linked to this Site.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Site, or the use by any other person using your registration details.