General selling terms and conditions
These Terms and Conditions of Sale apply to a sales agreement between mResell, Company number: 9090840 (henceforth ”mResell”) and its customer (“Seller”). This sales agreement refers to a situation in which mResell acts as a buyer. mResell is a registered company that manages and maintains mresell.co.uk web store. The Seller can be either a private person or a company. A private person under the age of 16 can only act as a Seller with the written consent of their guardian(s).
These Terms and Conditions have been updated on 01.08.2017 and they are valid until further notice. mResell retains the right to change these Terms and Conditions unilaterally and without prior notice, if the content of these terms and conditions do not materially change the relationship between the parties. Changes to these Terms and Conditions shall enter into force immediately.
2. The Product
The Seller sells their Apple product and any original accessories of their choosing (charging cable, power supply, data cable etc.) (“Product”). mResell has offered a certain price (“Indicated Price”) for the Product based on the product- and condition specifications given by the Seller and any original accessories included in the sale. The Indicated Price includes 20% VAT for Companies, whereas the margin tax scheme will be applied for private individuals. Condition classes are defined as follows:
Unopened: An unopened product is new and unused. The packaging has not been opened and it is sealed by the original protective Apple film.
Good Condition:The product is in good condition both functionally and cosmetically. The body may have marks of marginal wear and tear, small dents or scratches, but no considerable or numerous marks, scratches, chips or dents on either screen, edges or case. The display has to be scratchless and without staingate, light leakage and dead pixels. A laptop’s battery needs to be in good condition and it needs to pass Apple’s official battery test.
Minor Cosmetic Defect: The product is fully functional but has minor cosmetic defects to the body of the device. The defects may be a lot of wear and tear, minor scratches, dents or chips on the case or edges. The display has to be scratchless and without staingate, light leakage and dead pixels. A laptop’s battery needs to be in good condition and it needs to pass Apple’s official battery test.
Major Cosmetic Defect: The product is fully functional but has severe cosmetic defects to the body or screen. The defects may be large, deep or numerous scratches, dents or chips on the case or edges, or minor marks or scratches on the screen, as well as slight staingate, light leakage or dead pixels. If the screen has severe staingate, chips or cracks the condition may have to be reevaluated by a team member. A laptop’s battery needs to be in good condition and it needs to pass Apple’s official battery test.
The product must not have cracks, fractures, engravings, or protective cases attached with a bonding agent. The product must not have third-party parts, battery, power supply, or charging cable. The power supply has to be intact, and the charging cable’s protective sheath must not be damaged. The charger must have a UK plug.
3. Delivering the Product to mResell
After having accepted the Indicated Price, the Seller delivers the Product by post with the prepaid waybill provided by mResell. The prepaid waybill will be sent to the email address provided by the Seller after the acceptance of the sales order. The Product must be posted within 10 days of acceptance of the sales order.
The Seller is responsible for proper packaging of the Product and assumes all the risks of the delivery until the Product has been received by mResell. The Product must be sufficiently protected by proper wrapping and cushioning. mResell shall not be responsible for any damage that happens during delivery. In the case of mobile devices, the “Find my iPhone”-function must be turned off before delivering the Product.
3.2 Other preliminary actions
If the Product is enrolled into a Mobile Device Management (MDM) system, the Product must be disconnected thereof before selling the Product. If the Product is bought through Apple’s Device Enrolment Program (DEP), the Product must be removed from said Program before selling.
4. Product check-up and price confirmation
mResell informs the Seller via email when the Product has arrived and been received to Apple Service Provider.
When the Product is delivered to be checked, the Seller guarantees that:
- They are the owner of the Product and that it has been procured legally
- The Product has been paid fully, and that it is not used as a collateral for a loan.
- All the information about the Product, it’s condition, and ownership provided by the Seller are correct.
mResell shall not be liable for ramifications or expenses in situations in which the Seller has breached the above guarantees.
After the check-up (approximately 4-6 business days), the Indicated price will be confirmed (Confirmed Price). Should the Confirmed Price be the same as the Indicated Price, the purchase of the Product shall proceed to payment phase without further notice. If during the check-up process it is determined that the Product’s condition deviates from the Seller’s declaration, or the Product has other defects or deficiencies, the original Indicated Price may be adjusted (“Adjusted Price”). The adjustment may be required due to, for example, the Product’s cosmetic condition deviating from that which the Seller has declared, a component malfunction, or other similar defect. Additionally, should the Product’s battery not pass Apple’s official battery test, or if the original and correct accessories, for example, the adaptor, power extension cable, or UK wall adaptor plug are missing or damaged, without prior notice, the original Indicated Price may be adjusted.
During the check-up process, all the data in the Product will be erased. mResell is not responsible for indirect damages or economic loss, should there be an error in data erasure. The Seller is responsible for data backup before delivering the Product. SIM-cards and used screen protectors will be disposed of during the check-up process.
If the Product is bought at the Confirmed Price, or the Seller has agreed to the Adjusted Price, mResell will pay the price agreed upon to the bank account provided by the Seller. The payment will be processed within two business days from the confirmation of the Confirmed Price or the acceptance of the Adjusted Price. Once the payment has been made the device is legally property of mResell and the Seller cannot claim it back or ask for additional money.
If payment is made via PayPal and the provided PayPal account is set to a currency that requires a currency conversion fee, this fee will be deducted form the payment.
5. Withdrawing from the contract
mResell retains the right to withdraw from the sale of goods unilaterally and without compensation until the payment has been processed. The Seller will be informed of the possible cancellation via email. Should the sale of goods be cancelled, mResell will deliver the Product back to the Seller via the original delivery method to the original address provided. Should the Seller cancel the sale, or if mResell cancels the sale due to the Seller’s negligence or due to a significant defect found in the Product, mResell has the right to return the Product back to the Seller after the Seller has paid shipping- and handling costs to the bank account provided by mResell. The shipping and handling costs of a laptop are £40, and £20 for a mobile device. The costs include the currently valid VAT. If the shipping and handling costs are not paid in full within two (2) months, the Product’s ownership is transferred to mResell.
6. Acceptance of these Terms and Conditions and entering into force
These Terms and Conditions of Sale enter into force, when the Seller has electronically accepted these Terms and Conditions by pressing a specific “I Accept” button during the sales order process at the mResell webstore and when mResell has accepted the Seller’s sales order and sent them an order confirmation email.