Terms and Conditions
1.1 Tesco Phone Shop Mobile Recycling (a trading name of Tesco Stores Limited) (“Tesco”) has partnered with Brightstar 20:20 UK Limited (“20:20”) to reduce the number of mobile phones that are sent to landfill sites. These terms and conditions set out the terms under which 20:20 makes available to your mobile phone recycling services (the “Services”) and are effective from 26 July 2011 (“Terms and Conditions”).
1.2 Although you may have read some information about the Services, in addition please read these Terms and Conditions carefully as they contain important information about your legal rights and obligations.
1.3 References to “we”, “us” and “our” are to 20:20, and we refer to you as “you” and “your”.
1.4 In these Terms and Conditions some words begin with capital letters because they are definitions, which are set out in section 14 below.
1.5 Further details about the Services can be found on the FAQ section at www.tescomobilerecycle.com/faqs.
2.1 To qualify for the Services, you need to:
- register on the Website for an account with us;
- be at least eighteen (18) years old;
- be resident in the United Kingdom;
- have a valid postal address in the United Kingdom;
- have a valid email address we can contact you on;
- be legally entitled to sell the Phone to us by being the owner or have the owner’s consent; and
- be legally capable of entering into a binding contract.
2.2 Availability of the Services is limited to 5 Phones per household within any consecutive 12 month period. Where your household has reached this limit, we will endeavour to notify you of the date when the Services will become available to you again.
2.3 The Services are a consumer service, meaning they are not available to persons in the business of recycling phones, commercial businesses or professional organisations (if this applies to you, please contact us to discuss how we may be able to assist).
3 Orders, Cancellation and Variation
3.1 Each time you create an account on our Website or place an Order for the Services, you understand you are agreeing to these Terms and Conditions.
3.2 Your Order placed on our Website is an application to use the Services.
3.3 If, based on the information you have stated in your Order and at our sole discretion, we accept your Order, we will send you an Order Confirmation Email which will contain a link to these Terms and Conditions.
3.4 Upon receiving the Phone at the Delivery Address and completion of our validation process, we will notify you that:
- the Phone has passed the validation process by matching the Requirements you stated in your Order, meaning we will send you a Successful Validation Email confirming the quoted Price in your Order Confirmation Email; or
- the Phone has failed the validation process because it does not meet the Requirements. Or match the Make/Model you stated in your Order, or it was received after the 14 day Price Guarantee period; meaning we will send you a Revised Price Email.
All decisions as to whether Phones meet Requirements shall be at our sole discretion (acting reasonably).
3.5 If the Phone fails to meet any of the Requirements, the Revised Price Email will either state (i) that the revised Price is zero, and offer you the option to have the Phone disposed of in an environmentally friendly manner, but without payment; or (ii) that the Phone is Blacklisted and section 9 applies.
3.6 Upon receiving a Revised Price Email, you must contact us, using the My Account function on the Website, within 14 days, if you do not want to accept the revised Price. If you fail to do this within the provided timeframe you will be deemed to have accepted the Revised Price stated in the Revised Price Email.
3.7 A Contract will be formed between you and 20:20 when we send you an Order Confirmation Email and we begin performing the Services when we send you a self-addressed freepost bag.
3.8 Please note that where an Order is placed using an IMEI number from a previous Order, that previous Order will be cancelled.
3.9 You are entitled to cancel your Order and request the return of your Phone (if the Price has not already been paid) at any time up until 7 days after you receive an Order Confirmation Email or, if applicable, 14 days after receiving a Revised Price Email. However, a £5 Administration Fee may be payable by you to facilitate the return of your Phone.
3.10 If, after 14 days of receiving a Cancellation Email, we have not received payment of any applicable £5 Administration Fee, we shall be entitled to proceed with the recycling of the Phone as if you had accepted the then current Price of the Phone.
3.11 The Services will evolve over time as we change, replace or improve our service to customers. Accordingly we may make changes to these Terms and Conditions from time to time. However, no such change will apply to any existing Order at the time of the change and you will be prompted to read and accept the Terms and Conditions each time you place and Order.
4.1 Our prices for Phones change all the time due to numerous market and regulatory influences.
4.2 Prices quoted on the Website are only valid if:
- you place an Order for the quoted Phone on the same calendar day;
- we confirm the quoted Price to you in our Order Confirmation Email;
- we receive the Phone within 14 days of the Order Confirmation Email; and
- the Phone passes our validation process by matching the Requirements and Make/Model you entered when placing the Order.
4.3 Pricing contained in a Revised Price Email is valid for 14 days from the date of receipt.
5 Delivery, ownership packaging and risk
5.1 Upon acceptance of your Order, we will send you an Order Confirmation Email and also post a self-addressed freepost bag with the Delivery Address. If you decide not to use this freepost bag, it will be your responsibility to post the Phone to us, at your cost.
5.2 You can only include two phones per package. If You have more than two phones registered on Your account, You will receive separate packs for the additional phones You are sending. Make sure Your device(s) are packaged safely and You use/include the freepost address label so We can identify You. Royal Mail recommends You pack Your phone up carefully. Wrap it in 1cm of cushioning e.g., bubble wrap before inserting the device in a box. You can use your original box or anything that makes it strong and rigid so movement of the device is limited.
5.3 You are responsible for sending the Phone to us. Where the Phone in your Order is not received by us within 14 days of the Order Confirmation Email your Order shall be cancelled.
5.4 We do not accept responsibility for non-delivery of Phones to us or any damage in transit to the Phones and it is recommended that any high value Phones are sent via registered post to the Delivery Address.
5.5 Ownership of the Phone shall pass to us when you have, or are deemed to have, accepted the Price.
5.6 The risk of loss of or damage to the Phone will pass to us upon safe delivery to the Delivery Address (and you should insure the Goods prior to that time).
6.1 Once the Prices for all Phones included in your Order have been agreed through a Successful Validation Email or by accepting or being deemed to have accepted the Revised Price, we will arrange for payment to be made via the method you selected in your Order.
6. you should be aware that it may take up to 14 working days to process these payments.
6.3 As mentioned in section 1 your Contract is with 20:20, which means all BACS bank payments will appear in your account from “Brightstar 20:20 UK Limited”.
6.4 We are not able to recall, refund or cancel any payments once they have been processed where the wrong payment details (such as address and account number) have been provided by you or on your behalf.
7 Your responsibilities
7.1 You shall:
- cancel any airtime contracts linked to or associated with the Phone;
- remove any SIM cards and memory cards from the Phone prior to sending the Phone to us;
- remove any personal details, SMS, photos, games, songs, ring tones, memory cards or other storage data from the Phone prior to sending the Phone to us;
- disable any PIN or swipe pattern based security lock features prior to sending the Phone to us; and
- detach any accessories prior to sending the Phone to us.
- make sure Your device(s) are packaged safely and in adherence to Royal Mail’s packaging requirements:
- the lithium battery is connected inside the mobile phone;
- the mobile phone is assembled for use and must be turned off;
- the mobile phone is wrapped to prevent false activation e.g. enclosed in bubble wrap;
- where two mobile phones are being sent, they should be individually wrapped and inserted back to back within a strong rigid container
- the rigid container could then be enclosed within a polylope bag
7.2 To the extent you do not remove any personal or sensitive details, data or information from the Phone prior to sending the Phone to us, you consent and give us permission to access the Phone (or a professional refurbishment third party contracted by us) for the purpose of erasing, deleting or wiping any personal or sensitive details, data or information from them to the extent reasonably necessary and where we are unable to reasonably do so You agree that we shall not be held liable, and we exclude all liability, for any damage caused as a direct or indirect result of such personal or sensitive details, data or information that cannot be erased, deleted or wiped from the Phone.
7.3 You warrant that any information you provide is true and accurate and is not misleading. You should make sure that all payment details provided are correct.
7.4 You shall ensure that only Phones detailed in the Order are sent to us. If you send other mobile devices or accessories to us that are not detailed in your Order, then you shall be deemed to be offering these items to the us free of charge and we shall dispose of them without payment of any price to You.
7.5 As mentioned at section 2.3 above, the Services are consumer services that are made available to you only for personal use and not for commercial purposes. If you do use the Services for commercial purposes in breach of your Contract with us, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Services are faulty or cannot be used by them.
8 Liability and exclusions
8.1 Neither 20:20 or Tesco shall not be liable:
- where you have sent us any SIM cards, memory cards or any personal data, SMS, photos, games, songs, ring tones or other data which are wiped or destroyed by us;
- for any network charges (such as outstanding network contract costs, call/text/data costs) relating to the Phone;
- where you have provided false or incorrect information to us;
- for any loss or damage suffered or incurred by us in relation to these Terms and Conditions or the Contract unless it is as a result of negligence or, at the time the Contract was entered into, that loss was a reasonably foreseeable consequence of the breach or default in question.
8.2 Nothing in these Terms and Conditions seeks to exclude or limit liability for death or personal injury caused by negligence.
8.3 Subject to section 8.2, if we are in breach of the Contract with you or these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you submit your Order, and only up to £500.
8.4 The Services are for non-commercial use only and liability shall not in any event include business losses such as lost data, lost profits or business interruption.
8.5 No party to the Contract or these Terms and Conditions shall be liable for any failure to perform its obligations under the Contract to the extent that such failure is due to circumstances beyond its reasonable control. In such circumstances we may suspend performance of our obligations until such time as we are able to perform.
8.6 If any such suspension set out in section 8.5 continues for a period in excess of one month, you may cancel the Order and we will endeavour to return your Phone or pay the current market price.
8.7 If you choose not to cancel the Order in accordance with section 8.6 or if the suspension does not continue for a period in excess of one month then we shall notify you of a new date for payment of the Price.
8.8 Nothing in your Contract affects your statutory rights (which include, for example, that we will provide the Services to a reasonable standard and within a reasonable time). For more information on your statutory rights you can contact your local Citizens Advice Bureau or Trading Standards Office.
9 CheckMEND and fraud prevention agencies
9.1 We work with "CheckMEND", a property registry database used to track, amongst other things, Blacklisted devices which have been reported stolen, lost, blocked by a network or have an insurance claim against them. We check that Phones sent to us are not reported stolen, lost, blocked by any network, are not counterfeit or has an insurance claim on it. We will where required to, and reserves the right to, withhold/cancel payment of the Price if there are any CheckMEND related issues and you agree to co-operate with us and any authorities should we so request.
9.2 If you believe your Phone has been Blacklisted in error, then the rightful owner must contact CheckMEND at email@example.com and ask them for guidance in resolving this situation. If they are able to reverse the Blacklisting, you may then re-submit your Order.
9.3 If there are any CheckMEND related issues, we will, where required to, and reserves the right to:
- withhold/cancel payment of the Price; and
- report the Phone and related essential details, and you agree to co-operate with us and any authorities should we so request.
9.4 If false or inaccurate information is provided and fraud is identified or suspected, we may pass information that you have provided to us to fraud prevention agencies and law enforcement agencies. 9.5 We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when checking applications for and managing, credit and credit related or other facilities, when recovering debt, when checking insurance proposals and claims, and when checking details of job applicants and employees. We and other organisations may access and use the information recorded by fraud prevention agencies from other countries.
10 Information and privacy
10.1 You promise us that the information you provide as part of your Order and/or creating an account on the Website is correct and that you will update us if your information changes.
10.2 You promise us that you will keep secret all passwords you have nominated in connection with your account.
10.4 We may disclose your personal information to other companies in the Tesco Group or 2020 Group. We will never pass your information to anyone outside the Tesco Group or 2020 Group except where we have your consent, where we are required or permitted to do so by law, to other companies who provide a service to us, and to any successors in title to our business.
10.5 Whilst we provide the Services to you, you authorise us to act on your behalf in all dealings with our suppliers or any mobile network operator (as applicable) in connection with the Services.
11.1 If we need to contact you it will be by email sent to your address detailed on the Order. If you need to contact us, you should do so by the contact details on the Order.
11.2 If either party chooses not to enforce any right that it may have under the Contract it will not be prevented from relying upon that right should it choose to do so at a later date.
11.3 If a court or other regulatory body decides that any part of the Contract is not enforceable, the remaining parts the Contract will still apply to your sale of and our purchase of the Phone.
11.4 You may not transfer any of your rights under your Contract with us to any other person. We may transfer our rights under our Contract with you to another business where we reasonably believe your rights will not be affected.
11.5 Your Contract with us is subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to start court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
12 Customer services
12.1 If you have any queries, please check the FAQs on our Website (www.tescomobilerecycle.com/faqs), contact us by emailing: firstname.lastname@example.org or call us on 0800 015 0900.
12.2 Customer Services are available between Monday - Friday, 9.00am - 21.00pm, Saturday, 9.00am - 20.00pm and Sunday 10.00am - 18.00pm. per week to support you with any queries relating to the Services.
12.3 Tesco Phone Shop Mobile Recycling is owned by Tesco Stores Limited, a company registered in England whose registered office is at: Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL, Company Registration No. 519500, VAT No. GB220 4302 31.
12.4 Brightstar 20:20 UK Limited, a entity registered in England whose registered office is at Weston Road, Crewe, Cheshire CW1 6BU. Registration number 8401611.
13 Tesco Telecoms Trade In Voucher Code
13.1 The Tesco Phone Shop Trade In Voucher Code promotion (the “Promotion”) is available to Pay Monthly customers (excluding Tesco Mobile), purchasing a HTC One handset, between 00:00 on 16th October 2013 and 23:59 on 24th December 2013.
13.2 When a Tesco Phone Shop Pay Monthly customer purchases a HTC One handset they will receive a unique voucher promotion code to the value of £20.00 to be used by 31st January 2014.
13.3 The Promoter may extend the Promotion at its sole discretion, always acting reasonably.
13.4 The unique voucher promotion code can only be redeemed at www.tescomobilerecycle.com (the “Website”).
13.5 By entering the unique voucher promotion code into the Website, you will be deemed to have accepted and agreed to be bound by these terms and conditions. All entry instructions are deemed to form part of these terms and conditions.
13.6 The price paid for a recycled device is quoted at point of redemption on the website and subject to the terms and conditions on that website.
13.7 Only handsets listed on the recycle website for which a recycle value is shown can be recycled.
13.8 Promoter: Tesco Telecoms Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL.
"£5 Administration Charge"
means a charge of £5.00 which may be charged to you for the return of the Phone to you.
means a phone that has not been validated by CheckMEND.
means an email sent by you to our customer service department via the online contact form or directly to email@example.com informing us of your desire to cancel the order and have your handset sent back to you.
TPR (Bay 5)
Weston Road CW1 6BU
means the mobile phone handset(s) detailed in the Order.
means your order placed on the Website once it has been accepted by us.
“Order Confirmation Email”
Means an automated email sent to you by our system to confirm that your Order has been successfully placed and summarising the Order information.
means the price for the Phone detailed on the Website or, if there is no price on the Website, the price for the Goods calculated according to our published price list on the date you placed your Order.
“Price Guarantee Period”
means a period of 14 days that the Price of a Phone complying with the Requirements as stated in your Order is guaranteed from the date of the Order Confirmation Email.
means the requirements for the Phone as set out at the end of these Terms and Conditions.
“Revised Price Email”
Means an automated email sent to you by our system to let you know that your phone has has failed the validation process because it does not match the Requirements or the Make/Model you stated in your Order, or it was received after the 14 day Price Guarantee period and offering you a revised price for your handset, which you will then have 14 days to accept or reject and request your phone back.
“Successful Validation Email”
Means an automated email sent by our system to inform you that your handset has successfully passed the Validation process and will move into payment processing.
means the website located at www.tescomobilerecycle.com
"you" and "your"
refer to the person whose details appear in the Order.
Phones sold should match the make and model in your Order and meet the following Requirements:
Full list Price
- Must turn on and off
- Must be fully functional
- The screen must be working and intact
- The battery and battery cover must be included
- Must not be crushed or water-damaged
- Not Blacklisted by CheckMEND
Reduced list Price
- Badly damaged casing
- No battery or battery cover
- Does not power up
- Operating system missing or corrupt
- Screen faulty or broken
- Faulty keypad
- SIM Gate broken or missing
- Memory card holder broken or missing
- Locked by PIN or swipe pattern function
- Must not be crushed or broken
- Not Blacklisted by CheckMEND
Fails to meet Requirements
- Physically broken in more than one piece
- Broken/Cracked/Snapped hinges
- SIM glued in
- Memory card glued in
- Liquid ingress or water damage
- Bent circuit board
- Not Genuine Product
- Not UK handset (foreign spec or SIM-locked to a foreign network)
- No IMEI label or damaged IMEI label.
- Blacklisted by CheckMEND**
These Requirements are not exhaustive and we reserve the right to amend this list at any time.
We may accept phone battery chargers and accessories as part of the Phone but these shall not increase the Price in anyway.