1. About us
1.1 Company details. Device Network Ltd (company number 07854291) (We and Us), is a company registered in England and Wales and our registered office is at Units 1 & 2, The Old Dairy, Hazlemere Cross Roads, High Wycombe, Buckinghamshire, HP15 7LG. This is also Our main trading address.
1.2 Contacting us. To contact Us, telephone Our customer support team at +44 (0)1494 717 960 or email firstname.lastname@example.org. How to give Us formal notice of any matter under the Digital Services Contract is set out in clause 13 of the Terms and Conditions.
2. Our contract with you
2.1 Our contract. These terms and conditions (Digital Services Terms) apply to the purchase by You of Credits, any order by You and any supply of Digital Services by Us to You (Digital Services Contract). The following terms are incorporated into the Digital Services Contract (Terms):
- DeviceNetwork.com – Terms and Conditions
- DeviceNetwork.com – Website Acceptable Use Policy
- DeviceNetwork.com – Terms of Website Use
- DeviceNetwork.com – Owner’s Guarantee and Indemnity
No other terms are implied by trade, custom, practice or course of dealing.
2.2 Interpretation. Unless the context otherwise requires, words and expressions defined in the Terms shall have the same meaning when used in these Digital Services Terms.
2.3 Entire agreement. The Digital Services Contract is the entire agreement between You and Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Digital Services Contract.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by You to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Correcting input errors. Our order process allows You to check and amend any errors before submitting Your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate.
3.3 Acknowledging receipt of your order. After You place an order, You will receive an email from Us acknowledging that We have received it, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of Your order takes place when We send the email to You to accept it, at which point the Sales Contract between You and Us will come into existence.
4. Our goods
4.1 The Goods are:
- used and graded devices, tested by Us using various testing diagnostic software provided by third party suppliers;
- blacklist checked using the GSMA Device Check; and
- data-wiped using ADISA approved software.
4.2 Goods are graded Grade A to Grade F. Our grading is subjective based on our mobile phone grading document available in the downloads section of the B2B Portal (Mobile Phone Grading).
5. Delivery, transfer of risk and title
5.1 We aim to dispatch the Goods to You within one Business Day of payment in full for the Goods being received by Us in cleared funds. Occasionally our delivery to You may be affected by an Event Outside Our Control. See clause 12 (Events outside our control) for Our responsibilities when this happens.
5.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in Your order and the Goods will be at Your risk from that time.
5.3 You own the Goods once We have received payment in full, including of all applicable delivery charges.
5.4 If We fail to deliver the Goods, Our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, We will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because You failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5.5 If You fail to take delivery within 5 Business Days after the day on which We notified you that the Goods were ready for delivery, We may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to You for any excess over the price of the Goods or charge You for any shortfall below the price of the Goods.
6. International delivery
6.1 We deliver to all EU and EEA countries. If You require delivery to an international destination outside the EU/EEA, please contact Us to discuss whether we are able to deliver, Please note that there are restrictions on some Goods for certain international delivery destinations.
6.2 If You order Goods from Our site for delivery to a destination outside the UK, Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
6.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing Your order.
6.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if You break any such law.
7. Price of goods and delivery charges
7.1 The prices of the Goods will be as quoted on Our site at the time You submit Your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.5 for what happens if We discover an error in the price of Goods you ordered.
7.2 Prices for Our Goods may change from time to time, but changes will not affect any order You have already placed.
7.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
7.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm your order.
7.5 We sell a large number of Goods through Our site. It is always possible that, despite Our reasonable efforts, some of the Goods on Our site may be incorrectly priced. If We discover an error in the price of the Goods You have ordered We will contact You to inform You of this error and We will give You the option of continuing to purchase the Goods at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing. If We mistakenly accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the Goods and refund You any sums You have paid.
8. How to pay
8.1 You can pay for Goods via bank transfer or, subject to Our approval, by PayPal, debit card or credit card.
8.2 Payment for the Goods and all applicable delivery charges is in advance.
8.3 We will send You an electronic invoice within [seven] days of the beginning of the month following payment. For any failed or cancelled payments, a £20 administration fee will be levied.
9. Our warranty for the goods
9.1 Goods that are graded E, F or Z-BER are sold on an ‘as is’ basis and We make no representations and give no warranties as to the quality, condition, state or description of the Goods, or their fitness or suitability for any purpose. All implied statutory or common law terms, conditions and warranties as to the Goods are excluded to the fullest extent permitted by law.
9.2 For Goods that are graded A, A/B, B, C and C-, We provide a warranty that on delivery and for a period of 90 days from delivery, the Goods shall be fully functional in accordance with Our Mobile Phone Grading.
9.3 For Goods that are graded D and all touch ID devices regardless of grading, We provide a warranty that on delivery and for a period of 14 days from delivery, the Goods shall be functional to the extent set out in Our Mobile Phone Grading.
9.4 Subject to clause 9.5, if you comply with Our returns policy as set out in clause 9.6 below, We will, at Our option, repair or replace the defective Goods, or apply an instore Credit to Your account for the price of the defective Goods.
9.5 We will not be liable for breach of the warranties set out in clause 9.2 or 9.3 if:
- You make any further use of the Goods after giving notice to Us under clause 9.4;
- You alter or repair the Goods without Our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
9.6 The terms of Our returns policy are:
- You must complete Our RMA form (available in Downloads on the B2B Portal) with Your company name, barcode, IMEI number and invoice number/date Goods were supplied and email it to Us within the relevant warranty period;
- If We accept Your RMA form, we will notify You of our RMA number and invite You to return the defective Goods to Us at Your cost with the completed RMA form; and
- Within 7 days of receiving the returned Goods and the completed RMA form, We will carry out one of the actions listed in clause 9.4.
9.7 We will only be liable to You for the Goods' failure to comply with the warranties set out in clause 9.2 or 9.3 to the extent set out in this clause 9
9.8 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Sales Contract.
9.9 These Terms also apply to any repaired or replacement Goods supplied by Us to You.
10. Our liability: your attention is particularly drawn to this clause
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Sales Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- any other liability that cannot be limited or excluded by law.
10.3 Subject to clause 10.2, we will under no circumstances be liable to you for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
10.4 Subject to clause 10.2, our total liability to you for all losses arising under or in connection with the Sales Contract will in no circumstances exceed the price of the Goods.
10.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Sales Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Sales Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
- you fail to pay any amount due under the Sales Contract on the due date for payment;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Sales Contract has been placed in jeopardy.
11.2 Termination of the Sales Contract shall not affect your or our rights and remedies that have accrued as at termination.
11.3 Any provision of the Sales Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
11.4 Termination of the Sales Contract shall not affect any other agreement between You and Us in relation to Marketplace Services, Digital Services or LCD Buyback or the application of the Terms to such agreement(s).
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Sales Contract that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Sales Contract:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under the Sales Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to You, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. Governing law and jurisdiction
13.1 This Sales Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Sales Contract to the exclusive jurisdiction of the English courts.