Terms and Conditions
The Gadget Clinic
Unit 10, Base Point Business Centre, Isidore Road, Bromsgrove, Worcestershire B60 3ET,
Repair Service (for Trade-in Sell Your Phone T&C’s see section 12)
- Agreement for repair
- The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your mobile telephone and/or any accessories listed (“Equipment”) on the collection receipt.
- Reference to “us”, “we” and “our” refer to The Gadget Clinic and references to “you” and “your” are references to you, the person addressed on this form.
- All repairs (unless otherwise stated)
- This Agreement shall commence from the date you pass the device to a The Gadget Clinic representative and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
- We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
- Any time estimate for completion of the service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
- We shall notify you when the Equipment has been repaired and is available for collection. If you do not collect the Equipment within 90 days, we may dispose of the Equipment. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be payable by you accordingly.
- If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately
- Our out of warranty/chargeable repairs are guaranteed for 12 months from the date the device is returned to you from our offices. For liquid damaged devices, the warranty is only valid for 90 days and only relates to any parts that were fitted during the repair. If the Equipment develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired part(s) only and does not include further damage to the repaired part(s). We are not liable for the postage costs of getting the device to us, but we do cover return postage for warranty repairs only.
- 8 For devices that have dents to the metal rear covers or frame surrounds (particularly relevant for iPad front glass repairs), our technicians may need to straighten or file away small areas to ensure the correct positioning of replacement front glass/screens and to prevent any sharp edges causing injury. We make every effort to minimise the cosmetic appearance of such repairs. Generally, it is not necessary to replace the rear covers for minor dents, but if you prefer to have a cosmetically ‘perfect’ repair, we are able to fit brand new replacement rear covers for an additional charge if required.
- We conduct testing both before and after repair to identify any additional faults with your device. For devices that have been given to us following accidental damage e.g. the device has been dropped or has experienced water damage, some internal components can be weakened but still appear to function normally. Whilst these weaknesses may not be evident on pre-testing, the repair process itself (by opening up the device) can sometimes cause these weakened components to develop a fault. Our technicians take great care when repairing your devices, but prevention of further damage to an already weakened component cannot be guaranteed. We will notify you of any additional repairs that may be required and will request your approval before proceeding. We are not liable if additional faults are identified as a result of the repair process itself. Whilst we make every effort to warn customers if there is potential for additional faults/complications, this cannot always be known in advance.
- We use high quality parts made to the original specification see (Quality Assurance) and these come with a 12 month warranty. If you wish to only have original manufacturer parts fitted, we recommend that you contact the respective manufacturer directly as they may have repair services available. Any repair work completed by us (or any other third part repair centre) may invalidate your manufacturer warranty. Any pre-existing accidental damage to your device is likely to invalidate any existing manufacturer warranty.
- If our liquid damage service is selected, this fee is non-refundable. This service is not a repair, but a cleaning and diagnostics service only.
- Additional terms for warranty repairs
- The 12 Month Warranty does not apply if the device has been subject to further accidental damage post-repair. For clarification, the definition for accidental damage includes (but is not limited to) cracked screens, dented frame’s and any other form of drop or impact.
- Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.
- If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause 4. We will endeavour to notify you of any such charge prior to undertaking any work.
- Additional terms for chargeable repairs
- If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.
- The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
- The cost of repair may not fall within our standard charges where the Equipment is not generally supported by us, Equipment repairs are sub-contracted or the nature of repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair and we will not repair the Equipment until we have received your acceptance of that estimate.
- If we are unable to repair your Equipment, no fault is found on your Equipment or decide not to go ahead with any repairs; we will return your Equipment to you un-repaired.
- We may keep your Equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.
- Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.
- If, through our negligence or wilful misconduct, we damage the Equipment beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Equipment.
- Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
- Nothing in this clause shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
- In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
- Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
- We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
- Data Protection
- We ask for your name and address and the other details (“Personal Information”) during the ordering process so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By submitting an order and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive text messages at any time you should write to us at The Gadget Clinic Unit 10, Base Point Business Centre, Bromsgrove, Worcestershire B60 3ET
- We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from reasons beyond our reasonable control e, g natural disaster.
- This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
- This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
- Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
- This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
- Delivery Policy
- Once completed, your order will be returned by tracked mail. This is generally a next working day service; however this is not guaranteed and may be subject to delays that are out of our control. On some occasions when this delivery service is not available, we may use alternative carrier.
- All return deliveries are insured up to the value of £500. Should a device arrive damaged or is missing, please contact us the day it is delivered in order that a claim can be made on your behalf. To pursue a claim, we will require photographic evidence of ALL packaging received (including the outer delivery bag) and proof of initial purchase of the device. Please contact our customer service team if you have any enquiries of this nature. If you require additional insurance cover over £500 please notify us and this can upgraded for an additional fee.
- The delivery service is provided on working week Monday – Friday via royal mail insured upto 500.00 pounds (Saturday and Sunday are not classed as working week.
- Liquid Damage Service. This service is not a repair, but a thorough cleaning and inspection service. It does not guarantee that your device will be repaired, but simply that it is cleaned and fully tested. Should repairs be required e.g. replacement components, then these will be additionally charged. Once the cleaning and inspection service has been completed, the fee is non-refundable regardless of whether the device is repaired or not.
- Trade-in Scheme Sell Your Device
- You must own all rights, title and interests in any phone(s) that you send to us.
Ownership of the phone(s) will pass to us when we receive the mobile device, in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, a contract will be formed.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
You may cancel the contract with us at any time up to the time when you send us the phone (“cooling-off period”), providing:
- the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
- You are a natural person acting outside the purposes of any business.
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
By placing an order through our site, you warrant that:
-You are resident in Great Britain or Northern Ireland; and
– You are accessing our site from that country; and
– You are legally capable of entering into a binding contract; and
– You are at least 18 years old; or
If you are under 18 years of age, that you have obtained your parent’s or guardian’s consent to sell your phone to us for the sum indicated via our website.
You and your parents or guardians release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty.
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.
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:
– You are authorised to act on behalf of the registered business; and
– You are based in Great Britain or Northern Ireland; and
– You are accessing our site from that country; and
– You are legally capable of entering into a binding contract.
Phones and Devices
Each mobile phone or device sold should match the make and model in the sale order and meet the following conditions:
Like New Condition
Means ALL of the following are true:
– Works Perfectly
– No cracked screen or frame
– No scratches or nicks on screen or frame
– All buttons click and are not jammed
– Has never been wet
Means ALL of the following are true:
– Powers on and makes calls
– No cracked screen or frame
– Minor scratches or nicks on screen or frame
– All buttons click and are not jammed
– Has never been wet
Cracked Glass Condition
Means Normal Condition and ANY of the following are true:
– Front glass cracked
– Rear glass cracked
– LCD has spots, discoloration or is black
– Screen does not recognize touch
Means your device powers on and ANY of the following are true:
– Jammed, missing or malfunctioning buttons
– Serious physical damage to frame like bends or cracks
– Has been repaired or tampered with
– Has gotten wet
– Jail broken/rooted
No Power Condition
Means ANY of the following are true:
– Device does not power on
– Device does not make calls (if a phone)
Apple iPhones and devices must not be ‘activation locked’ and must be deregistered (removed) from any iCloud (Find my iPhone/iPad) accounts. 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.
If a phone fails to meet our terms and conditions we’ll propose an adjusted price by email. If you choose to decline our new offer, we are happy to return the phone. 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 7 days.
We accept phone battery chargers and accessories. But, these do not increase the value of your order. We may not be able to return accessories or original packaging (box) if you request your phone to be returned.
You are responsible for cancelling any airtime contract linked to each handset. We are not responsible for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.
Please ensure you remove your SIM card before sending us your mobile phone. We accept no liability in the event that a SIM card is sent with a phone and charges are then incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.
Please remember that by sending your phone to us, you agree to release us from all and any claims, losses or damages with respect to the 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”)). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure that such data is removed from the phone prior to you sending it to us. Please use our free Mobile Data Delete Tool to obtain step-by-step instructions on how to delete personal data from your model of handset.
Lost or Stolen Mobile Phones and Devices
Selling a mobile phone or device which you do not own may amount to a criminal offence. The Gadget Clinic will check the IMEI/Serial number of all mobile phones and devices received on the Check MEND (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 Check MEND record does not show the mobile phone as stolen or lost.
In such circumstances you will be required to contact Check MEND 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 Check MEND 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 Check MEND 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.
We shall be entitled to set-off any sums properly due and owing to us under any contract made between you and us incorporating these terms and conditions against any sums owed by us to you under the same or any other contract between us. We will inform you in writing of any set-off carried out by us pursuant to this provision.
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.
Prices offered on our website are subject to change at any time without notice.
Postage & Packaging
Registered deliveries should be sent to us at The Gadget Clinic Head Office: Unit 10, Base Point Business Centre, Bromsgrove, Worcestershire B60 3ET
We offer an option of cheque, bank transfer. You will be required to select a payment option when placing each online sell order. Unfortunately, this payment option cannot be changed once the order is placed.
When we receive your sale items, we will check that the sale is complete, and that it meets our terms and conditions. Providing it does, we will post/make payment to you, by cheque or bank transfer.
Cheque and Voucher payments
Cheque and Voucher payments can only be made to the name and address given when you register.
If you have damaged your cheque or voucher (inactivated), you can have it reissued, free of charge, by posting us a written request and including the damaged cheque or voucher to the following address: Unit 10, Base Point Business Centre, Bromsgrove, Worcestershire B60 3ET
If the damaged cheque or voucher is not received by us, a cancelation fee will apply and will be deducted from the re-issued cheque value.
If you have lost your cheque or voucher (inactivated), you can request for it to be cancelled and re-issued. A cancellation fee will apply and will be deducted from the re-issued cheque/voucher value.
Vouchers must be activated within 90 days of issue. Vouchers cannot be re-issued for any reason once activated. Voucher payments include VAT.
Bank Transfer payments
Bank Transfer payments can only be made to the account details given when placing the online order. We cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.
Events Outside Of Our Control
We 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.
Computer Virus Removal, Operating System Reinstall, and Data Backup
You understand that during a virus repair or removal The Gadget Clinic uses a multitude of software tools to remove any malware present in the device.
You understand that due to the nature of many viruses (which infect not only the Operating System, but also user files) The Gadget Clinic CANNOT guarantee that 100% of your files will remain intact. There exists the possibility of having to delete documents, music, pictures, applications, and any other data that have become infected.
You understand that The Gadget Clinic CANNOT guarantee malware removal through software alone. If it is the case that The Gadget Clinic cannot safely remove the virus entirely, you will not be charged for the virus removal service, and The Gadget Clinic will you about performing a reinstall of the operating system from a clean installation.
You understand that The Gadget Clinic will not back up any user created file unless a “Computer back up service” is included.
You understand that if and Operating System Reinstall service is performed The Gadget Clinic provides a factory installation with no additional software installed except for primary hardware drivers. Any Software, including Anti-Malware (free or paid-subscription), is subject to a software installation fee.
You understand that The Gadget Clinic CANNOT install a different operating system than what is provided by the computer’s manufacturer, or provided by the Customer. Customer represents that customer has the legal right to use the operating system, and has agreed to the terms of the software license.
Accessing Data on Customer Devices
As part of our required diagnostic testing, certain applications containing customer data (such as camera, dial pad and messaging applications), may need to be accessed to thoroughly test the device’s functionality. This process is essential to ensuring we have done our due diligence in repairing your device to the best of our ability. This information is never intentionally exposed in any way and will not be mishandled or sold to third party companies for any purpose. The gadget clinic will never transfer or copy data on a customer’s device to any other equipment without customers express consent or unless the operation is required to complete the services requested by the customer.
Data Backup and Recovery Services
In the event of a repair, or any similar circumstances, that requires a device be restored to original settings The Gadget Clinic will backup data to the best of our ability. If data becomes lost or corrupted during the repair process, though not responsible for the loss of data, The Gadget Clinic employees will direct affected customers to a reputable data recovery company.
Customer agrees that prior to The Gadget Clinic servicing of any customer equipment, it is customer’s responsibility to: (1) backup all data, software, information, or other files stored on customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media from customer’s product, as applicable. Except as expressly provided for herein, The Gadget Clinic shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media.
When the repair process has begun after the signing of the work order associated with repair, the customer has consented to this policy and all its attributes.