Gadget GoGo Terms and Conditions of Business
These Terms and Conditions, together with all other documents referred to herein, set out the terms under which you sell your gadget to Us, Gadget GoGo. Please read these Terms and Conditions carefully and ensure you understand them before selling your gadget. You must read and accept these Terms and Conditions when you sell a gadget to Us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to sell your gadget to Us.
1. Definitions and interpretation
In these Terms and Conditions, the following expressions have the following meanings:
“Our Site” – means this website, gadgetgogo.co.uk; and
“We”, “Us” and “Our” – means S J Wilson Trading Ltd trading as Gadget GoGo, a limited company registered in England and Wales under company number 11764500 and whose registered address is 27 Asplins Lane, Offord Cluny, St. Neots, Cambridgeshire, PE19 5RS.
2. Access to and use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make all arrangements necessary to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms and Conditions, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3. Seller restrictions
You may only sell a gadget to Us if you are:
- At least 18 years of age;
- A resident of Great Britain or Northern Ireland; and
- The sole owner of the gadget you wish to sell (or, if you are the co-owner, where you have the permission of the other co-owner(s) to sell Us the gadget).
Wherever possible, We check all gadgets against theft by using the CheckMEND service. If We reasonably suspect you are or may be handling stolen goods, We may pass your information to the police without your knowledge or consent.
4. Getting a quote for your gadget
- You can use Our Site to search for the gadget you wish to sell.
- Once you have selected the right gadget, you use Our Site to enter specific requested information about your gadget (e.g. its memory size, and its physical and operational condition).
- Based on the description you provide, Our Site will generate an instant quote representing the price We are prepared to pay you for your gadget.
5. Descriptions policy
When selling a gadget to Us, it is important that all descriptions of items are truthful and accurate. You agree that all descriptions you submit will give as much detail as is reasonably possible about the age of the gadget, its condition, and any damage or defects. If a gadget has not been properly described, the original quote We gave you will be invalidated.
6. Sending a gadget to us
- If you accept Our quote for your gadget, We will email to you a pre-paid postage label to enable you to send your gadget to Us. A quote is only valid for seven days, so you should despatch your gadget as soon as possible.
- Before sending Us your gadget, you must remove any accounts from your gadget (e.g. iCloud or Google accounts). If this is not done and it makes the gadget unusable, then We may need to revise Our valuation of your gadget.
- You must ensure you send your gadget to the correct address We provide. It is your responsibility to ensure the address you use exactly matches that We provide. If your gadget does not reach Us because you use an incorrect address, it is your responsibility and not Ours.
- You must ensure your gadget is safely and securely packed before sending it to us. If your gadget is damaged in transit, it is your responsibility and not Ours.
- We strongly recommend you obtain proof of postage when sending your gadget to Us. Such proof will be important if We do not receive the gadget from you.
- We also recommend you obtain insurance when sending Us your gadget to cover its replacement cost if it is lost or damaged in transit. We do not own the gadget until We safely receive it, confirm its description and send you Our payment for it. If the gadget is lost or damaged before that point, it is your responsibility and not Ours.
- You must comply with all applicable laws and shipping regulations when sending your gadget to Us. It is your responsibility to check, be aware of, understand, and comply with all such laws and regulations.
- When We receive your gadget, We will check it over to ensure it is in the condition you described to Us. If it is (and if We receive it within seven days of providing the quote), We will process your payment based on the quote We originally gave you.
- If We reasonably believe the gadget does not match the description you gave or if We receive the gadget later than seven days after providing the quote, We will contact you by email to provide a revised quote based on our assessment of the gadget’s condition at the time of receipt. You may either accept that revised quote or ask Us to return your gadget. If you ask Us to return your gadget, We will do so as soon as is reasonably practicable once you have paid us for the return postage costs.
- All payments for gadgets are made by bank transfer or PayPal, as you choose. We may also, though are not obliged to, offer a facility where you may choose for the payment for your gadget to be donated directly to a charity you nominate on Our Site.
- We aim to make all payments within 48 hours of confirming your gadget’s condition once We receive it. However, this is a guideline only and We are not liable if a payment takes longer. Please note that the payment process will take longer if We receive the gadget on a non-business day.
- Once We have paid you for a gadget, We become the owners of that gadget.
- If you use Our charity donation option (if we offer it), it is your responsibility to correctly choose the charity you want to receive the donation and you agree to Us sharing your personal information with the charity you nominate.
8. Your right to cancel
You may change your mind about selling Us your gadget at any time before We pay you for that gadget. You may cancel a sale by writing to us at Gadget GoGo, 27 Asplins Lane, Offord Cluny, St Neots, PE19 5RS or emailing us at email@example.com If you ask Us to return your gadget, We will do so as soon as is reasonably practicable once you have paid us for the return postage costs. Once We have paid you for a gadget, it becomes Our property and We will not cancel or reverse a sale.
9. Acceptable usage policy
When using Our Site, you must do so lawfully, fairly and in a manner that complies with the provisions of this clause 9. Specifically:
- You must ensure you comply fully with all laws and/or regulations (including but not limited to those which may apply to the gadget you wish to sell);
- You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use Our Site to knowingly send, upload or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind;
- You must not use Our Site in any way, or for any purpose, that is intended to harm any person(s) in any way; and
- You must always provide accurate, honest information about yourself and all gadgets you sell through Our Site.
When using Our Site, you must not submit anything or otherwise do anything that:
- Is sexually explicit;
- Is obscene, deliberately offensive, hateful or otherwise inflammatory;
- Promotes violence;
- Promotes or assists in any form of unlawful activity;
- Discriminates against, or is in any way defamatory of, any person, group or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
- Is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person;
- Is calculated or is otherwise likely to deceive;
- Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- Misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
- Implies any form of affiliation with Us where none exists;
- Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
- Is in breach of any legal duty owed to a third party including but not limited to contractual duties and duties of confidence.
We may suspend or terminate your access to Our Site if you materially breach the provisions of this clause 9 or any of the other provisions of these Terms and Conditions. Other actions We may take include but are not limited to:
- Refusing to purchase any gadget you wish to sell;
- Issuing legal proceedings against you for reimbursement of all relevant costs resulting from your breach on an indemnity basis;
- Taking further legal action against you as appropriate;
- Disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably necessary, appropriate, and lawful.
We hereby exclude all liability arising out of any actions We may take in response to breach(es) of these Terms and Conditions.
10. Our liability to you
- We will be responsible for any foreseeable loss or damage you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence.
- Subject to clause 10.1, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- We will not be liable to you for any data that may be left on a gadget when you send it to Us. You should ensure all data and personal information has been securely deleted from a gadget before you send it to Us.
- Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors), or for our fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Events outside of Our control
- We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We may be bound by will be extended accordingly; and
- We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary.
12. Our contact details
If you wish to contact Us, please:
- Telephone 01480 819467
- Email firstname.lastname@example.org or
- Write to Gadget GoGo 27 Asplins Lane, Offord Cluny, St Neots PE19 5RS
13. Data Protection
- All personal information We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (the “GDPR”) and your rights under the GDPR.
14. Other important terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs, We will inform you in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.
- If any provision(s) or part(s) of any provision(s) of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) or part-provision(s) shall be deemed severed from the remainder of these Terms and Conditions, which shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms and Conditions from time to time. We will post the most up-to-date version of these Terms and Conditions on Our Site.
15. Governing law and jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.