ecoATM UK Kiosk Terms and Conditions
last updated: April 10, 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SELLING YOUR DEVICE TO US AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE BASIS UPON WHICH WE BUY YOUR DEVICE FROM YOU. UNLESS WE HAVE DONE SOMETHING WRONG, YOU ACKNOWLEDGE THAT ONCE YOU HAVE COMPLETED THE SALE OF YOUR DEVICE INTO THE KIOSK TRAY, YOU WILL NO LONGER BE ABLE TO CANCEL THE TRANSACTION AND WE WILL NOT HAVE ANY OBLIGATION TO YOU TO RETURN ANY DEVICE YOU HAVE DEPOSITED INTO THE KIOSK.
BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.
1. About Us and our Services
These Terms and Conditions (“Agreement”) govern the relationship between ecoATM International Limited. (“ecoATM,” “we,” or “us”) and you with respect to your use of our ecoATM branded kiosks (the “Kiosk”) to sell your mobile phone (a “Device”) to us (the “Services”).
Our Kiosks are operated by us, ecoATM International Limited. We are registered in England and Wales. Our VAT number is 304 4284 31. If you have any questions or comments about the Services, please contact us at ecoATMlegal@ecoatm.com.
2. How to sell your Device to us and how our contract is formed
To sell your Device to us, you will be asked to do the following:
to unlock your Device and plug it into the Kiosk;
to provide us with relevant information about your Device
to confirm that you have the right to sell your Device
to confirm that you are 18 years old or older
to provide us with such identification that we ask for at the Kiosk (“User Data”);
to read and accept this Agreement;
to print off an identification label to affix to your Device.
to present your Device before any offer to purchase is made by us. You will be given instructions about how to do this at the Kiosk.
If, after having undertaken an analysis of your Device, and having confirmed your identity, we may make an offer to purchase your Device (but we are not obliged to do so).
to confirm that you have deleted all of your data from the Device;
if you wish to sell your Device after we have given you our offer, you will then be asked to click on the “Lets Proceed” button on the “Ready to be Paid?” Screen at which point a legally binding contract will be entered into between us and you agree that we will own the Device once we have paid you for the Device;
to provide us with your payment details so that we can transfer funds to you. We can make payment using Paypal, a voucher, bank transfer, or gift card. You will be asked to check your details carefully before leaving the Kiosk. If you are experiencing any problems with receiving payment from us, please contact our Customer Service at 0800 0885773 so that we may investigate further and arrange for payment to be made as agreed.
You acknowledge that if we discover that you have provided us with inaccurate User Data, we will have the rights set out in section 5.
UNLESS SECTION 5 APPLIES, YOU ACKNOWLEDGE THAT ONCE YOU HAVE DEPOSITED YOUR DEVICE INTO THE TEST COMPARTMENT, YOU WILL NO LONGER BE ABLE TO CANCEL THE TRANSACTION AND WE WILL NOT HAVE ANY OBLIGATION TO YOU TO RETURN ANY DEVICE YOU HAVE DEPOSITED INTO THE KIOSK.
3. Statements you will be required to make if you want to sell your Device to us
By selling your Device to us using the Kiosk, you will be asked to confirm that:
you are the legal owner of the Device and have the right to transfer all right, title and interest in such Device to ecoATM, and that nothing prevents you from selling your Device to us (for example where you have granted a third party rights to the Device);
the Device has not been obtained by unlawful means (e.g., it is not stolen or was not obtained by fraudulent means);
all data, photos, emails, notes, SIM cards, memory cards and/or other files on your Device (“Device Data”) has been removed from the Device;
the Device is the entire device and not part(s) of an electronic device;
the Device is not a fake, counterfeit, imitation, mock‐up, dummy or reproduction of an electronic device;
In the event that any Device you sell to us is determined to be stolen, is requested by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Device is or was stolen, ecoATM has the right to recover from you the value we paid you for the Device and may also seek other remedies depending on the nature of the issue.
Please note that we may be entitled to offset future transaction amounts in order to cover such losses.
4. Removal of Data and Files
You agree to remove all Device Data before providing your Device to us. You agree to compensate ecoATM for any losses suffered as a result of the accessing or use of the Device by another person.
It is your responsibility to make sure that all Device Data is removed from your Device before using the Service. You acknowledge that Your failure to remove Device Data is a breach of this Agreement.
5. Your responsibility for loss or damage we suffer
You agree to reimburse us for any loss or damage we suffer as a result of:
you breaking this Agreement;
if we discover that you did not have the legal right to sell your Device to us;
if you are in violation of any other legal notices or guidelines we notify to you.
In addition, you will also be responsible to us for any failure to meet the conditions and requirements described in section 3 or where you have otherwise provided us with inaccurate User Data.
You agree to compensate ecoATM for any losses suffered as a result of the accessing or use of the Device by another person
6. Our responsibility to you and what happens if your payment is not processed properly
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable.
To the extent permissible by law, ecoATM shall not be responsible or have any liability for any losses suffered by you as a result of any Device Data that is accessible from a Device.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
You agree not to use our Kiosks for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If by connecting to our Kiosks, your Device or any digital content belonging to you is damaged, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions.
If you do not receive payment or only receive partial payment for a Device sold to us,, please contact our Customer Service 0800 088 5773.
7. Price Lock Promotion
We may provide you with a promotion to lock in the price of your Device, for a period of seven (7) calendar days, (“Price Lock”). The Price Lock shall only be honored if you have not violated any of these terms and:
You sell the Device, in which you received the Price Lock, to one of our kiosks within seven (7) calendar days from the date you received the Price Lock;
The Device is not reported lost/stolen;
The Device is in the same condition as when the Price Lock was made; and
Find My iPhone is turned “off” on the Device.
8. Our intellectual property
We are the owner or the licensee of all intellectual property rights in and relating to the Services, and in the material published on it, including all content on and in the Services. Those works are protected by copyright, trademark laws and treaties around the world. All such rights are reserved.
9. How we can make changes to the Agreement and the Services
We may make changes to the Services or any part of them or to this Agreement at any time to reflect changes to our services, our users’ needs and our business priorities or for any other reason.
If we make changes to our Services and/or this Agreement, we will post notices of changes on the Kiosk and on our website and once posted, these changes to the Agreement become effective immediately.
10. Other important terms
We may transfer our rights and obligations under this Agreement to another organisation.
You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the sections of this Agreement 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.
If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, 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.
This Agreement, its subject matter and their formation, are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
11. Contact Us
For additional information, please email inquiries to firstname.lastname@example.org or call our Customer Service at 0800 088 5773.