Terms and Conditions and Website Use


1.Introduction

Welcome to MibMob

This page tells you the terms on which you may use our website www.MibMob.com (“Site”) which operates as both a used mobile reseller and online market place for buying and selling used mobile phones.

These terms are designed to incorporate both sectors of our business and we therefore recommend that you please read these product terms carefully before using this Site as they affect your rights and liabilities under the Law and the basis upon which we will supply our service.

By accessing, using, selling or agreeing to purchase a mobile phone, you agree that you agree to be bound by these terms and conditions and terms of use.

If you are entering in to this Agreement on behalf of a Company or other legal entity, any acceptance of these terms will be considered a representation by you that you have the authority to bind such entity to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms and Conditions, you may not proceed.

In these terms “Goods” means any goods, services or products referenced and “Buyer” shall mean anyone who accesses or uses the Site to purchase a mobile phone from either you or us as the seller.

2.Who We Are

www.MibMob.com is operated by MibMob Limited, a UK Limited company registered in England under company number 09818785.

Some important details about us:

Our registered address is Peel House, 34-44 London Road, Morden, Surrey, SM4 5BT.

3.Use of the Site

Our Site is available free of charge to use but you only have permission for temporary use of the site, and we can withdraw or change our service at any time without telling you and without being legally responsible to you.

Our Site is currently aimed at residents of the United Kingdom, and consequently, we reserve the right to accept or reject orders at our discretion.

These terms, together with the policies, images, documents referred to in them provide the terms of use which you may make use of our website whether as a guest or as a registered user.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

You agree to follow our acceptable use policy Acceptable use Policy.

If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.

Only use the Site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the Site and make changes to it, but we don't have to do this, and material on the Site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone. We recommend you review these terms from time to time to be aware of any changes.

We follow our privacy policy in handling information about you. You can read our policy at Privacy Policy.

By using the Site, you agree to us handling this information and confirm that data you provide is accurate.

Ownership of the phones will pass to us when we receive the phones, in accordance with these terms whereupon payment will be made to you.

Alternatively, if you are using the Marketplace platform, any such title belonging to the phone shall remain yours until such a time as you have agreed otherwise, directly with your buyer.

You agree that you own all rights, title and interest in the mobile phones prior to accepting these terms and proceeding.

To use this Site, you agree that you will be 18 years old, or if you are under 18, you agree that you have obtained the consent of your parents to proceed on this Site and sell your mobile phone.

4. Selling your phone via the Speedy Sale Service

The Speedy Sale Service allows you to sell your phone to MibMob or any of its buying partners for an amount, which we agree to pay to you on the same day as your phone is received. Same day payment does not apply to phones received after 3pm.

Upon contacting us via this Site, we shall quote you a sale price based on the inputs you select during the sales process. If you decide to sell your phone at this price, we will send you a free post returns kit to send your phone to us. Once we receive your phone, it will be checked against the criteria inputted by you via this Site.

On receipt of the phone, we will check it to confirm the model, capacity, colour, network, and condition matches what was input during the sales process as stated above.

You accept that despite any initial quote we provide to you via this Site, we are not able to fully assess the value of the phone until this is received.

If the phone fails to meet our criteria, we shall let you know and send you an email with an adjusted price, which you are free to reject. If we have not heard from you within 10 business days either accepting or rejecting the revised price, we shall assume you wish to accept the revised quotation and pay accordingly. If you do not wish to accept our revised offer, we will happily return your phone to you by post and any such contract pursuant to these terms, will be terminated.

We offer a sale price via the Speedy Sale Service as either in “working condition” or “faulty condition” as detailed below, so please ensure you provide us with accurate information about the phone.

“Working Condition”:


Working phone means:

- Phone should be fully functional and should turn on and off

- All buttons should be intact and work as intended

- Screen should not have any damaged pixels or any damage to the touch screen

- There should be no chips, dents or cracks on the screen. Light scratches are fine.

- The operating system should be fully working

- The phone battery should be included and hold charge for multiple hours

- The phones Wi-Fi, Camera, speaker etc must work


“Faulty Condition”:


Faulty phone means:

- The phone is not fully functional or there is significant damage

- The phone includes its battery

- The phone is in one piece (Not cracked or crushed)

- There are no missing parts (missing buttons are fine)

- The phone is water damaged

- The phones screen has damaged pixels or is broken or cracked

- The phone does not turn on or off

- The phone has a faulty operating system

Please note that significant damage may include any damage to the screen, non- functioning camera, deep scratches, microphone damage, power failure, or anything, which significantly alters the material use of the phone.

IPHONE ACTIVATION LOCK

Please note that if you are looking to sell any Apple iPhone or Apple device and have indicated this from the outset, you agree and warrant to provide the phone or device free from any “activation lock”. This means that all Apple iPhones and devices 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 and we will not accept any phones or devices from a foreign network.

When you return the mobile phone to us, you must ensure that you send it with the battery and you may or may not include a charger.

In supplying your phone to us in accordance with the above terms, you warrant to us that the phone complies with these terms and you further acknowledge that we have no liability to you whatsoever if you breach these terms in any way.

We accept no liability for any loss, damage, destruction of data (messages, photos, music, videos etc) or breach of confidentiality on the phones that you send to us and it is therefore your responsibility to remove any such data.

You must also remove your SIM card before sending your phone to us and we accept no liability whatsoever in the event that your SIM card is inadvertently sent to us and these are non-returnable.

5. Marketplace for buying and selling used mobile phones

We provide a platform for our users to buy used mobile phones or sell their mobile phones to the general public (“the Marketplace Platform”).

If you decide to sell your phone via this Site using our Marketplace Platform, you will list your phone for sale at the price you wish to sell it for (using the MibMob Fulfillment Service) and then send it to us. We will then check the phone to confirm that the details and information supplied and inputted by you at the sales process are accurate. We will check the phone’s make and model, colour, capacity, network and condition or any function. We will wipe any data and restore the phone to factory settings and may upgrade the software.

Subject to reviewing the details and clearing the phone, we shall make the phone available for sale on the Marketplace Platform at your chosen list price and at the same time, we will provide you with a guaranteed speedy sale offer, which you are free to accept at any time. If the phone is considered as “faulty”, we will not list the phone on the website. If the phone is considered to be of a different condition to that stated by you, then we will then display the phone at the condition we decide is appropriate, which will then be marketed to the Buyers. e.g. if the you have stated that the phone is supplied in excellent condition, but we consider it in good condition, the phone will be displayed as good condition on the Marketplace Platform.

We confirm that all phones will be sold in order of price on our Site. In the event there are two identical phones (e.g. same brand, model, capacity, colour, network and condition), then the lower priced phone will sell first.

A sale is never completed until such a time as the Buyer has paid for the phone, but once a sale has been completed and payment received, we shall send this to the Buyer and pay any monies due to you, less any commission and other agreed charges.

During the listing period, you will also have the opportunity to sell your phone to us via the Speedy Sale Service as referred to in clause 4 above.

In the event that the phone has been listed for sale for 15 days at the Market average price and has not been purchased, you have the right to ask for the phone to be returned to you via our free re-delivery service. If you wish to cancel the listing prior to this, you will be responsible for any return postage charges.

MibMob Fulfillment Service

The MibMob Fulfillment Service is the solution we provide to sellers of used mobile phones that involves checking, listing, packaging and delivering phones to buyers. You have to use the MibMob Fulfillment Service and send your phone to us in order to sell on the Marketplace Platform. You will then have the autonomy as the Seller to set your own price via your account and change this at any point up until the sale is finalised and the Buyer has “bought” the phone.

Commission and Fees

If you agree to sell your phone via the MibMob Marketplace Platform, we will charge you a fee following the completion of the sale of the phone. We confirm there are no listing fees and any commission payable by you, is only charged following a successful sale at the commission rate quoted at point of sale. You may also be charged a handling fee upon a successful sale, but we shall notify you of this. Such fees may vary from time to time but if this is payable, you will be advised of this at the point of sale. We also reserve the right to charge a fixed fee for selling a phone on the Marketplace Platform that does not include a charger. This will also be available to see at point of sale.

Payments

We can make payment to you via bank transfer or cheque. You will be required to select the option on how to receive payment during the sales process. The method of payment selected cannot be altered beyond this point.

We will make a same day bank transfer/postage on the day we receive your phone when using the Speedy Sale Service (Monday to Friday, excluding public holidays). Any phones that are received by us after 3pm will not be bound with the same day transfer rule.

For any phones sold via the Marketplace Platform, we confirm that we will hold the proceeds for a minimum of 2 working days from the time the phone is delivered to the buyer. After this time elapses, we will release the payment directly into your account depending on your chosen payment method.

Any details for payment via bank transfer or cheque cannot be altered after sale. All cheques will be posted with the name and to the address input during sale. All bank transfers will be made to the account details entered during sale. We will not recall or re-issue bank payments once they have been made.

6. Lost or Stolen Mobile Phones

We will not accept any phones which are either lost or stolen and regularly check the IMEI / Serial Numbers against databases using CheckMend or any other provider.

If by any chance your phone is flagged up as being of concern, we shall retain the phone until such a time as we can ascertain whether the phone is free to sell.

Unfortunately, we cannot return any phone or device which is reported as being lost or stolen.

7. Returns

Subject to clause 4, if you decide to sell your phone using the Speedy sale option, you can cancel the sale and ask for the phone to be returned to you at any time, prior to payment (“the cooling off period”) and this will automatically terminate our contract with you. Should you cancel this, we agree to be responsible for the postage and packaging, if you do not accept our revised quote.

If you sell your phone to us via the Marketplace platform and operate as a business whether as a limited company, partnership or sole trader, you agree to provide to the buyer the usual 14 day cooling off period as required by law should they change their minds. You acknowledge that their statutory rights are not affected by you selling your phone via our Site and will offer a full refund within 30 days, if the phone is faulty in any way.

If you are a private seller via the Marketplace platform, you agree that you will offer to the buyer a full refund within 2 days should they change their minds and you agree that you will offer the Buyer a full refund within 7 days in the event that the phone is faulty in any way.

8. Returns Policy for Buyers

If you are a Buyer and have changed your Mind

If you have ordered Goods that you do not wish to keep anymore, then you may return the phone in accordance with the following Marketplace rules.

- If you bought the phone from a business seller via the Marketplace platform, you are entitled to return it to us within 14 days of receiving your phone. Any money due, after deduction of collection charges, will be refunded to you as soon as possible but no later than 15 days after we receive the phone back.

- If you bought the phone from a private seller via the Marketplace platform, you are entitled to return the phone to us within 2 days after receiving the phone. Any money due, after deduction of delivery charges will be refunded to you as soon as possible but no later than 15 days after we receive the phone back.

Please note that you may not return any phone bought from us if the product has been damaged or altered in any way by you, which includes any upgrade of software.

What can you do if the Goods are faulty

If your Goods are faulty, then subject to the terms below, you are entitled to a replacement, repair or refund depending on whether you purchased from a business or private seller. You must write to us via email, post or through your online user account to advise us of the problem so we can make an assessment. You will be entitled to a refund on the following terms:

- If you bought the phone from a business seller, you are entitled to a refund, repair or replacement within 30 days of receiving the phone.

- If you bought the phone from a private seller, you are entitled to a refund, repair or replacement within 30 days of receiving the phone.

Goods are not as ordered or in accordance with the description

If you receive any Goods that you did not order from either a private or business seller, you are required to notify us within 14 days of receipt of the phone and we shall make an assessment and either offer you a refund or replacement.

9. Pricing

All prices offered on our Site are subject to change and without any notice. All prices are inclusive of VAT.

10. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the Site (for example trademarks, any copyright and any rights in the designs).

You are allowed to print one copy and download extracts of any page on the Site for your personal reference, but not for commercial use without a license from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

Our status and that of any contributors must be always be acknowledged. If you breach these terms, you lose your right to use our Site, and must destroy or return any copies you have made.

11. Our Legal Responsibility to You

To the extent that the law allows, you agree to release, our agents, directors, officers, shareholders and any employees from all liability arising out of or in connection with this Site and our Goods. This does not affect your statutory rights.

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our site. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

12. Your Account

Should you have an account with us as a customer, you will agree to be responsible for your password and keep this and any other activities under your account secure. We shall have no liability to you for any loss or damage, which may arise from any misuse.

We reserve the right to terminate your account and use of this Site at our discretion.

- To use this Site and any of its services you must first register and create an account on MibMob.

- You are entirely responsible for keeping your account details accurate and up to date.

- MibMob will not be responsible for any payment made to the wrong account due to incorrect information being held in the user account or password being misplaced.

13. Complaints

Please email [email protected] and allow 2 working days for a response.

14. Privacy Policy

Please refer to our Privacy Policy Privacy Policy, which governs your use of this Site. By using this Site, you are consenting to the contents of that Policy.

15. Uploading to our Site

If you contact other users of our Site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy at and you must comply with the content standards referred to therein. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.

We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn't follow our acceptable use policy.

16. Computer Offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You mustn't try to get access to our site or server or any connected database or make any 'attack' on the Site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

17. Links To Our Site

You are allowed to make a legal link to our website's homepage from your website if the content on your Site meets the standards of our acceptable use policy. Such use must be fair and reasonable and do nothing to harm our reputation. You must obtain our consent in writing if you wish to establish a link to our Site.

We can end this permission at any time.

You mustn't suggest any endorsement by us or association with us unless we agree in writing.

18.Links From Our Site

Links from our Site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.

19. Events Beyond Our Control

We shall have no responsibility or liability for any failure to perform, or delay in performance or any of our obligations under the Terms that is caused by events outside of our control.

20. Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

21. Applicable Law

These terms of use, and their subject matter are governed by English Law and the English courts have the only right to hear claims related to our site.

22. Contact Us

Please email us at [email protected] to contact us about any issues.

We shall contact you by email should it be necessary to do so.