Terms & Conditions – GRADE MOBILE®

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • we’, ‘us’ or ‘our’ means OG Exclusives London Ltd trading as Grade Mobile; and
  • you’ or ‘your’ means the person using our site to buy goods from us.
  • our site’ means www.grademobile.co.uk or, where your order is placed via another website authorised by us to process orders for our goods, such site.

If you have any questions about this contract or any orders you have placed, please contact us by:

  • sending an email to sales@grademobile.co.uk; or
  • calling us on 0300 303 4949 (our telephone lines are open 9am to 5pm Monday to Friday excluding bank holidays).

Who are we?

We are OG Exclusives London Ltd trading as Grade Mobile, a company registered in England and Wales under company number: 08955418.

Our registered office is at: Crossways School Road, Charing, Ashford, Kent, TN27 0JN.

Our VAT number is: 257 6502 89 GB.

 

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

  • Introduction
        1. If you buy goods on our site you agree to be legally bound by this contract.
        2. [These terms and conditions apply only if you are buying goods on our site as a consumer (ie for purposes outside of your business, craft or profession). If you are buying goods on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed by emailing business@grademobile.co.uk
        3. This contract and the means of concluding the contract are only available in English. No other languages will apply to this contract.
        4. When buying any goods on our site you also agree to be legally bound by:
          1. our website terms and conditions; 
  • Information we give you
        1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please read the acknowledgement email (see clause 4.3).
        2. The key information we give you by law forms part of this contract (as though it is set out in full here).
        3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
  • Your privacy and personal information
        1. Our Privacy Policy is available here.
        2. 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 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 if you have a query or complaint about the use of your personal information.
  • Ordering goods from us
        1. Below, we set out how a legally binding contract between you and us is made.
        2. You place an order on the site by selecting the goods you wish to purchase and adding to your cart, filling out shipping and billing details, providing the details of your trade in item (where paying for the goods by part exchanging your existing device) and submitting your order. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
        3. At the end of the online checkout process, you will be given the opportunity to identify and correct any input errors on your order and invited to submit your order by clicking on the ‘ Pay Now’ button, upon which we will acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted by us.
        4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
          1. the goods are unavailable;
          2. we cannot authorise your payment;
          3. (where you purchase using finance provided by a third party lender (see clause []11), such lender declines to provide finance; 
          4. there has been a mistake on the pricing or description of the goods.
        5. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
          1. a legally binding contract will be in place between you and us; and
          2. we will dispatch the goods to you.
        6. We reserve the right to cancel your order in the event that any of the events listed at clause 4.4 occurs or is discovered by us after sending you the Confirmation Email.
        7. A copy of the contract between us will be filed by us and accessible on request.
  • Right to cancel
        1. You have the right to cancel this contract within 30 days without giving any reason.
        2. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
        3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. You may use the model cancellation form available here , but it is not obligatory.
        4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
        5. Please enclose a receipt or proof of purchase with your cancellation.
  • Effects of cancellation
      1. If you cancel this contract, we will reimburse to you all payments received from you, including any costs of delivery, subject to clause 6.6.
      2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. What constitutes “unnecessary handling” will be adjudged on a case by case basis, but (as a rough indication only and without limitation) it may include damage of the type described at clause 12.5.1-5. To this end, it is important that you contact us within 24 hours of receipt if the goods are cracked, bent or damaged on receipt, in accordance with clause 12.8.2.
      3. We will make the reimbursement without undue delay, and not later than:
        1. 14 days after the day we received back from you any goods supplied; or
        2. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
        3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
      4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless both you and we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
      5. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
      6. If you have received goods:
        1. Before you send back the goods it is essential (and a condition of any refund) that you remove from the device: 
          1. your passcode / pin lock / other enabled security, 
          2. your Face ID,
          3. your iCloud account, 
          4. your sim card,
          5. your personal data,

    if these have been added by you to the device;

    1. you shall send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract. The deadline is met if you send back the goods before the period of 14 days has expired;
    2. the goods are sent back to us by following the return instructions which our customer support team will email you, which will include instructions to generate a prepaid return label. We will bear the cost of returning the goods; and
    3. you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  • Delivery
        1. We use Royal Mail’s tracked next day delivery service to deliver our goods. 
        2. For orders received by us before 3pm Monday to Friday, the order will be shipped out on the same day. Orders placed after 3pm will be shipped on the following working day.
        3. Please note that if you order on a weekend or bank holiday, your item will be processed the next working day. 
        4. The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).
        5. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
        6. Delivery will take place at the address specified by you when you placed your order with us.
        7. Unless you and we agree otherwise, if we cannot deliver your goods within [7] days of the date of your Confirmation Email, we will:
          1. let you know;
          2. cancel your order; and
          3. give you a refund.
        8. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
        9. You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.
  • Payment
      1. You can pay for the goods using one or a combination of the following:
        1. Outright payment using Stripe (for debit and credit card sales), PayPal
        2. On Finance, using a BNPL lenders.
        3. Using ‘Buy & Trade’ whereby your existing device is part exchanged (see clause []).
      2. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate. 
    1. Money payments
      1. The credit card, debit card, PayPal account which you have opted to use for payment (your account) will only be charged when the goods are dispatched.
      2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
      3. If for any reason your payment is not received by us and you have already received the goods, you must:
        1. pay for such goods as soon as possible and in any case within 14 days; or
        2. return them to us as soon as possible and in any case within 14 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
      4. If you do not pay for the goods and fail to return them in accordance with clause 9.3, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
      5. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
    2. On Finance
      1. We permit the use of the following BNPL finance providers for the purpose of purchasing our goods:
        1. LayBuy
        2. Klarna
      2. The use of these services for the purpose of your purchase will constitute a contract between you and the provider and are subject to the providers’ own terms and conditions. A link to the relevant terms and conditions is provided to you at the time of order.
      3. We reserve the right to add to or remove from the list of finance providers through whom our goods can be purchased at clause 10.1 from time to time and references to ‘providers’ in clause 10.2 shall be read accordingly.
    3. Buy & Trade 
      1. You may choose to pay for part of your purchase of the goods by part exchanging your current device and any accessories you choose to include with it (your Trade in Device). 
      2. After you have selected the goods you wish to purchase, if the ‘Buy & Trade’ option is selected you will be asked to provide certain information in respect of your Trade In Device. This includes, but is not limited to:
        1. its make and model;
        2. its condition. 
      3. By completing your order, you warrant that the information you provide in respect of your Trade In Device is accurate to the best of your knowledge.
      4. At the time of order, our site will provide to you a maximum price for your Trade In Device (the Up To Value), based on the information you have provided (see clause [11.2]). The way in which we assess the value of Trade In Devices is set out on our site. This does not constitute any representation, warranty or advice in respect of your Trade In Device. 
      5. You will be asked at the time of order to pay the difference between the price of the goods and the Up To Value, which you may do in accordance with clause [9]using the Stripe payment platform (directions for which will be supplied at the time of your order). Upon receipt of this payment:
        1. the goods will be dispatched.
        2. We will register a deferred payment as a pending transaction on your account for the Up To Value of your Trade In Device.
      6. You will be sent (with the Confirmation Email) instructions for sending to us your Trade In Device. You must send us your Trade In Device in accordance with those instructions within 14 days of the date of the [Confirmation Email]. This includes removing from the Trade In Device those items referred to in clause 6.7.1.
      7. If you send us your Trade In Device within the period provided at clause [11.6] above, we will cancel the pending transaction referred to at clause [11.5.2] above.
      8. If you fail to send us your Trade In Device within the period provided at clause [11.6] above, we will debit your account in the sum of the Up To Value.
      9. If you send us your Trade In Device within the period provided at clause [11.6] above, but the Trade In Device is assessed by us as being either (i) not in conformity with the description you provided of the Trade In Device, or (ii) of a lower quality / condition grade than the Up To Value provided for, we shall: 
        1. re-assess the trade in value of the Trade In Device (the Reassessed Value); 
        2. inform you by email of the Reassessed Value and ask you whether you wish to either:
          1. keep the goods and part exchange the Trade In Device, and pay the difference between the Up to Value and the Reassessed Value, 
          2. pay the full price of the goods and have us return to you your Trade In Device;
          3. cancel the order.

    1. You must inform us of your choice of the options at clause 11.9.2 (by reply to the email referred to in that sub-clause), within [7] days of receipt. 
      1. If you choose (a), we shall debit your account with the full Up To Value of your Trade In Device and refund to you the Reassessed Value.
      2. If you choose (b), we shall debit your account with the full Up To Value of your Trade In Device and return your Trade In Device to you [at our cost] within [7] days of receiving your choice.
      3. If you choose (c), we shall send to you instructions for the return of your goods (see clause 6.7). You must ensure that you return the goods to us as soon as reasonably practical and in any event within [7] days of the receipt of the return instructions. Failure to do so may result in the debiting of your account with the full Up To Value of your Trade In Device.
    2. In the absence of your notifying us of your choice in accordance with clause 11.10, we will presume that you wish to pay the difference between the Up to Value and the Reassessed Value (choice (a)) and will proceed in accordance with clause 11.10.1.
  • Faulty goods
      1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). Goods that we provide to you must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the goods you’re entitled to the following:
        1. up to 30 days: if your goods are faulty, you can get a refund;
        2. up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
        3. up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

    Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. 

    1. In addition to your statutory rights, all our goods come with a complimentary 12-month warranty as standard. This means, subject to clauses 12.3 to 12.5, that we will repair or replace your device if a fault develops within this period. 
    2. We may offer you the option of purchasing an extension of the duration of the warranty at the time of purchase. The terms of this clause apply to any extension period.
    3. If you claim on your warranty and we repair or replace your goods, the replacement device or repaired device will be covered for the remaining duration of your warranty, unless the warranty has less than six months remaining at the date you receive the replacement / repaired device, in which case a six month warranty will be provided on your repaired or replaced device. 
    4. The warranty does not cover faults under any circumstance caused by: 
      1. Accidental damage to the goods after their delivery to you, 
      2. Your neglect of the goods, 
      3. Your misuse of the goods,
      4. Normal wear & tear,
      5. Water damage in any form, 
      6. Changes in Apple policy that may affect the performance or functionality of the goods, including (but not limited to) policy or software updates.
    5. The warranty shall immediately be excluded in the event that the goods are altered or repaired without our prior written approval.
    6. The battery for your goods will only be covered by a 90 day warranty. If the battery is found to be the cause of a fault during this period, we will replace your battery. All of our devices will have at least 80% of the manufacturer's battery capacity when sold. 
    7. To make a claim on your warranty or under your statutory rights if your goods develop a fault:
      1. please contact us at sales@grademobile.co.uk with a copy of your Confirmation Email and a description of the fault and reason for the claim. 
      2. In the case of goods which are cracked, bent or damaged on receipt, or in respect of which you allege that the goods were missing from the package, please contact us within 24 48 hours of receipt so that we can raise an investigation with the delivery courier. We may need you to provide a sworn statement to help us in the claim against the delivery courier.
    8. Pictures and images of the products or their packaging on our site are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images. While we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use. 
    9. For security purposes, we can only send your replacement device to the original address entered on your order.

  • End of the contract
  • If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

  • Limitation on our liability
        1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
          1. losses that were not foreseeable to you and us when the contract was formed;
          2. losses that were not caused by any breach on our part;
          3. business losses; or
          4. losses to non-consumers.
        2. Without prejudice to the generality of clause 14.1, we shall not be liable to you in respect of:
          1. the loss, corruption or damage to any of your data or media stored on a device which you send to us. If you send or return to us a device, it is your responsibility to backup any of the data stored on it before doing so. We routinely wipe phone data for devices sent to us and do not offer a data recovery service;
          2. the loss of any accessories (including memory cards) sent to us with a device which were not meant to be.
  • Third party rights
  • No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our warranty to that person. 

  • Disputes
      1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the beginning of these terms.
      2. Our Complaint Handling Policy can be accessed here.
      3. Relevant United Kingdom law will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

    Changes to our terms

    1. We reserve the right to alter our standard terms of sale, our prices and any other part of our site at any time. Any alterations will be posted to our site.
    2. Clause 17.1 is without prejudice to the application of the terms of sale and prices operative at the time you place your order.