Terms & Conditions


Please read these terms and conditions (“Terms”) carefully before submitting your sale order from our site. You should understand that by submitting an order, you agree to be bound by these terms and conditions and our terms of use.

You understand that by completing your Sale Order, you will be accepting these Terms and you will be bound by these Terms. While you can view these Terms and conditions on our Website anytime, we recommend printing a copy for your records. We will update these Terms from time to time.

By continuing to browse and use this Website, you are agreeing to comply with and be bound by our Terms, which together with our Privacy Policy govern Tech Octopus Limited relationship with you in relation to this Website.

You must own all rights, title and interests in any phone(s) and/or devices that you send to us.

Ownership of the device(s) will pass to us when we receive them, 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.

These Terms were last updated on: 1st February 2024

 

1. About Us

www.thetechoctopus.com is a website operated by Tech Octopus Limited, trading as thetechoctopus.com who is registered in England and Wales under company number 14616686 and have our registered office at The Hive, 47 Lever Street, Manchester, England, M1 1FN (“we” or “us”).

 

2. How to contact us

You can contact us by sending an email to info@thetechoctopus.com

 

3. Definitions

In these Terms, the following definitions apply:

 

“Device” means each item which you wish to sell to us in accordance with these Terms;

“Sale Order” means your order to sell your Device to us;

“Value” means the price offered for your Device(s) which includes, where applicable, any adjusted offer provided by us in accordance with these Terms;

“Website” means www.thetechoctopus.com;

“Calendar Day” means a 24 hour day from midnight to midnight; and

“you” or “your” means you, the person using the Website and sending a Device to us to be purchased by us as set out in these Terms;

 

4. Using the Website

  1. This Website uses cookies to monitor browsing preferences, please refer to our Cookie Policy (which can be found here) for further details.
  2. This Website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  3. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
  4. Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust, to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
  5. Our trademarks and trade names will be used on the Website. The use of any trademarks on the Website is strictly prohibited unless you have our prior written permission.
  6. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
  7. The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.
  8. The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
  9. While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.
  10. You must not introduce viruses or other material which is malicious or harmful, misuse the Website in any way, attempt to gain unauthorised access to the Website, or any server on which it is stored, computer or database connected to the Website.
  11. In using this Website, you confirm that:
    1. You are a consumer (and not acting in the course of any business) based in the UK and have a UK bank account;
    2. You are legally capable of entering into a binding contract; and
    3. You are at least 18 years old. If you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your device to us for the sum indicated via our website.

 

5. Selling Your Devices

  1. To sell any Device to us, you must own all rights, title and interests in the Device that you send to us. The Device must not be stolen or listed with us or a third party as stolen.
  2. Ownership and title of any Device will pass to us upon payment to you in line with clause 7.1.
  3. Provided you are acting outside the purpose of any business, you may cancel any Sale Order at any point up to the point you send the Device to us, unless clause 6.2 applies due to an adjusted offer being made to you, at which point you may cancel the Sale Order upon receipt of the adjusted offer.
  4. When selling your Device to us, you must ensure that any personal data is removed from the Device before it is sent to us.
  5. We reserve the right to refuse any Device at any time without notice.
  6. We reserve the right to update you at any time, via your supplied contact details. This can be via, mail, SMS, e-mail or phone call.
  7. When selling your Device to us, we utilise a grading system to establish the quality of the Devices. You will be asked several questions during the sale process on our Website to determine the quality of your Device. The quality of your Device will be categorised into one of the following four grades: Pristine, Good, Poor or Faulty. Details of each grade and criteria can be found on the product page when selling your device.
  8. By completing your Sale Order through our Website you warrant that your Device(s) complies with these Terms and that you have answered all questions truthfully and honestly and graded the Device correctly.
  9. Unless agreed in accordance with clause 6.3 below, we cannot accept any Device(s) with no power, that has been tampered with and / or that we cannot guarantee the safe removal of personal data. These Devices will be returned free of charge without notice.
  10. Where we do accept a Device under clause 6.3, we accept no liability in relation to the security, protection, confidentiality or use of any data stored on the Device, and it is your responsibility to ensure that such data is removed from the Device prior to sending it to us.
  11. We may not offer a Value for any Device(s) locked either via a password or by any associate accounts (i.e. iCloud, Google or Samsung). You must ensure that all Devices are de-registered from any associated accounts (including any “find my iPhone/iPad” applications) and are either on a UK network or unlocked. If any of these accounts are still active and you have not replied to our email after 7 Calendar Days, we’ll automatically process your Device(s) and recycle responsibly on your behalf. You acknowledge that the Value of a locked Device, and any revised offer connected to a locked Device, may be zero.
  12. Unless agreed otherwise, we cannot accept any Device that has been purchased internationally.
  13. Prices offered on our website are subject to change at any time without notice.
  14. All prices include VAT (or other applicable tax).
  15. All prices quoted on our Website are guaranteed for 14 days, subject to the questions being accurately answered by you and the Device(s) being graded correctly.

PLEASE NOTE:

      1. We accept Device battery chargers and accessories. We will not be able to return chargers, accessories or original packaging (box) if you request your Device to be returned.
      2. You are responsible for cancelling any form of airtime contract linked to each Device. We are not responsible and accept no liability for any call costs arising before, or after, receipt of your handset, or arising from any other circumstances whatsoever.
      3. Please ensure you remove any SIM cards from the Device(s) before sending them to us. We accept no liability whatsoever in the event that a SIM card is sent with a Device and charges are subsequently incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.
      4. By sending your Device(s) to us, you agree to release us from all and any claims, losses or damages with respect to the Device, 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). We accept no responsibility or liability whatsoever 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 Device 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 Data from your model of handset.
      5. Should you complete your Sale Order via a third-party website you understand that the price displayed on that website may differ from the price offered to you once we have received your Device(s) and processed it via clause 6 due to third party websites not having the same grading structure as us under clause 5.7.
      6. Rather than downgrading to a lower condition, on certain devices we may deduct a maximum £50 from the trade-in price when the battery health is below 80%.

 

6. Process When We Receive Your Device

  1. When we receive your Device following the completion of a Sale Order, we will conduct a diagnostic check on the Device to ensure that the Device meets our Terms and that the Sale Order is complete. This process takes up to 48 hours from the point we receive your Device(s).
  2. Following the diagnostic check, if your Device(s) does not match your answers to our questions and therefore does not fit into the category assigned, we will propose an adjusted offer price by email to you in accordance with the correct condition grading, as set out in clause 5.7. If you choose to decline our adjusted offer, we are happy to return the Device for free unless you have not disclosed to us the correct classification of the Device, for example you have state that the Device is “Good” but we receive a 'Poor' or 'Broken/faulty' Device. In these circumstances we will charge you a £20 fee to return the Device to you (“Return Fee”). We will not be obliged to return the Device to you until you have paid the required Return Fee. We have the final decision on all Device Values. Amended trade-ins will be automatically processed for payment if you do not reply to our proposed offer within 7 Calendar Days.
  3. Following the diagnostic check, if your Device(s) does not power on, you will be given a revised offer by email depending on the Device(s) received. If you accept this new offer, we will recycle your Device(s) responsibly and destroy the memory within 28 days of your acceptance of the revised offer. If you do not accept the revised offer, your Device(s) will be returned to you within 5 Calendar Days. You acknowledge that the value of a no-power on (“NPO”) Device, and any revised offer connected to a NPO Device, may be zero.
  4. If you send a device and request this item to be returned due to a 'Change of mind' or other circumstances whereby we have incurred a cost of postage and processing, we will charge you a fixed fee of £20 to have this item returned.
  5. If you decline our adjusted offer we will arrange for the Device(s) to be sent back to you subject to the payment of any applicable Return Fee. This may take up to 14 days from the date of your confirmation.
  6. We reserve the right to claim any Device that we have not heard back on following e-mail communication to the registered e-mail address after 7 Calendar Days. You will be paid the Value sent via our e-mail communication.
  7. We cannot be held responsible for the non-delivery of emails because of spam email or junk filters. Please check your junk and spam folders. This is also noted on our Sale Order confirmation emails.
  8. All items are purchased using the VAT margin scheme as per the HMRC used goods VAT rules.
  9. IMPORTANT – You can accept or decline an amended offer by replying to the offer email. Alternatively, to discuss an amended offer you must contact our Customer Service Team during office hours.
  10. We reserve the right to destroy any lost / stolen handsets that appear on the "PhoneCheck” database if they haven’t been claimed by their subsequent owners after 28 days. UK legislation states that we cannot under any circumstances return or pay for a mobile phone or Device which is registered lost or stolen at any time unless the lost or stolen records associated with it are cleared. If we at any time become aware of any issues, you will be required to co-operate with the authorities and we reserve the right to withhold or cancel the payment. In the even that payment has been made to you we will request that this sum is returned to us immediately. We also reserve the right to destroy any counterfeit or non-genuine devices and withhold or cancel the payment.
  11. We reserve the right to request a proof of purchase for any Device in the Sale Order.

 

7. Payment

  1. Provided your Device(s) meets our Terms we will usually process the payment to you on the same Working Day that we process and test your Device, if the processing and testing is completed prior to 2pm. In peak times, it may take up to 48 hours to test your Device after it has been received by us. Same day payments do not apply to orders tested after 2pm and in events which are out of our control. Payment processing depends on third parties and is out of our control. We will not be liable for any third-party action or inaction which results in a delay of payment.
  2. Should you enter the incorrect pament details, please notify us in writing and we will ensure we request an investigation with the banks.
  3. We will not be liable for any losses that you may suffer if you fail to receive payment if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly submit payment details when using the Website and not notifying us of this error.
  4. Any discrepancies must be reported to us via email (info@thetechoctopus.com) within 30 days of the payment date. As a result, any issues after this period could increase the time needed to investigate. Please remember to include your order number.
  5. Please note, in some exceptional circumstances we have experienced clearance of funds taking up to 5 business days in certain bank/building society accounts.

 

8. Postage & Packaging

We have various posting options which include a Royal Mail 48 hour tracked service. This service is only applicable when posting up to 2 phones or Devices at a time. The package is insured for up to a maximum value of £100 and claims for any lost or damaged parcels should be raised by you directly with Royal Mail.

 

We will require you to take your package, with handsets / gadgets and sales order to a Royal Mail post office and obtain proof of postage and a tracking number.

 

We cannot be held responsible for any items that are not returned via Royal Mail and subsequently lost within the mail system for items being sent to us. We will of course claim if returned handsets dispatched from us do not arrive with you.

 

Other than when we arrange courier collection on your behalf, we do not accept responsibility for non-delivery of Devices or damage in transit. We therefore recommend that you send any high value Devices via registered special delivery post to ensure successful delivery, please remember to keep the receipt and tracking number.

 

For each package you send in it is your responsibility to:

  1. Ensure it is adequately insured for loss in transit;
  2. Ensure that it is adequately physically protected; and
  3. Is compliant with any instructions and/or guidance regarding packaging provided by the courier used.

 

There are two postage options available to you:

 a. Royal Mail Home Collect is a service offered to all customers.

 

To arrange a home collection, please go to https://send.royalmail.com/collect/youritems

You will have received an email from us with a tracking number.

It is your responsibility to securely package and correctly label your Device prior to collection. Please make sure you are in and available to hand over your Device at the agreed time and at the agreed address. Please allow up to 3 Calendar Days for your Device to be delivered to us and be sure to keep a record of your trade-in ID and tracking reference number. More information can be found at https://www.royalmail.com/collection.

 

b. Royal Mail drop-off.

When you complete your trade-in, we’ll email you with a pre-paid postage label and a QR code. Either print the label and affix to the parcel or show the QR code to the cashier at the Post Office.

It is your responsibility to securely package your Device prior to shipping.

For further insurance (up to £500) you can choose to send via Royal Mail Special Delivery, but this will be an additional fee payable by yourself.

 

thetechoctopus.com accepts no liability for any loss or damage sustained due to inadequate packaging used.

 

For the avoidance of doubt, where you have created a Sale Order via a third-party website and have chosen to use their nominated delivery service (such as compareandrecycle.co.uk’s DPD collection service, for example), we do not accept responsibility for and will have no liability whatsoever for any loss or damage sustained to any Device sent via such third-party delivery service.

 

9. Voucher Codes

  1. We reserve the right to modify or cancel any voucher at any time.
  2. Each voucher may only be used at www.thetechoctopus.com for the sale of qualifying items.
  3. Voucher codes must be entered at checkout. Voucher codes are valid for 1 use per customer and cannot be applied retrospectively.
  4. Vouchers have no cash redemption value and are not transferable or assignable.
  5. Vouchers must not be used in conjunction with any other promotional discounts.
  6. Voucher codes are not transferable or redeemable for cash or credit.

 

10. Liability

  1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did or failed to do.
  2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
  3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  4. Our total liability to you for any breach of contract or negligence under these Terms shall not exceed the Value of the Device.
  5. Nothing in these Terms shall affect your legal rights.

 

11. Data Protection

  1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy and Cookie Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. Our Privacy and Cookie Policy is available at https://thetechoctopus.com/privacy-policy.
  2. Following completion of the Sale Order, we ensure that all data is erased from Devices that power on, using an ADISA approved software called PhoneCheck. Where any Device does not power on, we will be unable to erase any data stored on the Device. We do not accept any liability whatsoever in relation to any data contained on the Devices where they do not power on and we are unable to erase such data. In such instances we recycle the Device(s) in a responsible manner.
  3. If your device is functional, we strongly advise that you delete all personal data from the device prior to sending it to us. If your device is non-functional and has a "remote wipe" function, then we strongly advise that you attempt wiping the device prior to sending it to us.
  4. Please note it may not be possible to delete Data directly from a non-functioning device. If you send us a non-functioning device you are therefore accepting the risk that it may still contain Data which may be accessible to any person who repairs the phone. This may include third parties to whom we have sold the device for spare parts.
  5. Please note that while (as stated above) we do not accept any liability in respect of the security, protection, confidentiality or use of Data included on any device, as a matter of practice we do not transfer any device to any third party except on terms which require them to wipe that Data.

 

12. Events outside of our control

We will not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

 

13. Complaints procedure

We accept complaints via email and post. To make a complaint please contact info@thetechoctopus.com or write to us at “Complaints Dept, The Tech Octopus, The Hive, 47 Lever Street, Manchester, England, M1 1FN”.

 

14. No third party rights

No one other than us or you has any right to enforce any of these terms.

 

15. Transfer of rights

  1. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
  2. You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

 

16. Trademarks

Tech Octopus and the Tech Octopus character and logo are trademarks of Tech Octopus Limited.

 

17. Viruses, Hacking And Other Offences

  1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
  2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

18. Change

We reserve the right to change these Terms at any time.

 

19. Governing law and jurisdiction

  1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
  2. If we fail to exercise any of the rights or remedies to which we are entitled under these terms, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  3. If any of these terms are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term and these terms shall continue to be valid to the fullest extent permitted by law.