HCO Group Limited
Online Consumer Terms & Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we purchase your Apple product and any original accessories of your choosing (charging cable, power supply, data cable etc.) (‘Products’) from you, the consumer (i.e. an individual). If you are not a consumer, these terms do not apply to you. These terms and conditions refer to a situation in which we act as a buyer.
1.2 Why you should read them. Please read these terms carefully before selling your Products to us. In particular please ensure that you read Clause 9 which explain when we will pay you a lower valuation or refuse to accept your Products (returning or recycling your Product without payment). These terms tell you who we are, how we will purchase Products from you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We recommend you retain a copy of the terms and conditions for your records.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are HCO Group Limited whose trading names are Re-macs, Mac-Recycle and Howard Conrad, a company registered in England and Wales. Our company registration number is 07904088 and our registered office is at 9 Dukes Meadow, Chiddingstone Causeway, Tonbridge, Kent, England, TN11 8LW. Our registered VAT number is GB 159797831. We operate, manage and maintain mac-recycle.com (‘Website’).
2.2 How to contact us. You can contact us by telephoning our customer service team at 01423 613383 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. YOUR USE OF OUR WEBSITE
3.1 When selling us your Products, you agree to provide the information we request from you, including but not limited to name, address, phone number, email address and bank details.
3.2 By placing an order with us through the Website, you confirm to us that:-
- You are the legal owner of the Product(s) and the Product(s) are not subject to a finance or other hire agreement;
- You are resident in the United Kingdom (‘UK’);
- You are at least 18 years of age;
- You are accessing the Website from the UK;
- You are a consumer who is legally capable of entering into a contract; and
- Have a UK bank account.
4. SELLING YOUR PRODUCTS TO US
4.1 We will not accept Product(s) if they are not wholly owned by you. If you do sell us Product(s) which are subject to finance or any other form of hire agreement, you remain legally obliged to fulfil the remaining terms of the relevant finance/hire agreement (including but not limited to any continuing payment obligations) and you agree to indemnify us on a continuing basis against any losses suffered as a result thereof.
4.2 When you are selling to us via direct written contact, i.e., not receiving a direct quote from the website, the terms and conditions outlined in this document will apply, to the extent that they are relevant and applicable to the transaction.
4.3 When you sell your product(s) to us through our Website, you will be asked to enter the model/specification and select the condition of your item. The conditions grades are defined as follows:-
- Grade A – The item has little or no wear and no permanent defects. The device should look almost new, with exception of some light scratches. The screen should be in perfect condition with no marks or blemishes. The device functions perfectly, without any faults.
- Grade B – The item is in overall good condition with a few hairline scratches or wear to the edges and fully functioning in all ways no marks on screen. May have very minor dents that are barely visible. May have very minor blemishes on the LCD. A well looked after item. Good Battery under 500 cycles and no missing parts.
- Grade C – The item should be fully functional with some clear signs of use. This could include some dents, or heavy wear and scratches. There may be some slight screen defects such as a “halo” or pressure marks. This doesn’t include LCDs with physical damage such as being smashed or having liquid damaged. A battery that charges and operates under 500 cycle counts
- Faulty – The item has signs of wear including dents, scratches. The item can be dirty and cosmetically poor. Screen marks are acceptable as are poor batteries over 500 cycle counts. The Mac may not be fully working.
4.2 You will then be provided with a valuation for your Product(s) (‘Valuation’). The Valuation is valid for fourteen (14) days and is strictly subject to your Product(s) passing our Testing Procedure process (Clause 9).
4.3 Once you are happy with the Valuation provided, you can then click ‘Accept My Quote’. We recommend that you read Clause 9 before confirming your order.
4.4 You will then be asked to tick the ‘I accept’ box to confirm that you agree to these terms and conditions. It is important that you have read and understood these terms and conditions before you tick the ‘I accept’ box.
4.5 We will follow this up with a confirmation email, containing the next steps, depending on what shipping choice has been selected.
4.6 We will collect the Product(s) from you for the cost stated at the time of the order if the option has been selected. Otherwise, we will provide a label for alternate shipment or you will use your own shipping method.
4.7 If the collection fails because you are not available with the Product(s) to give to the courier you will be required to pay a fee of £20.
4.8 You are responsibly for correctly packaging the Product(s).
4.9 A box can be provided to you (upon request) during the ordering process. Where you choose not to request a box, you must use equivalent packaging.
4.10 If a box is provided and you decided to cancel your sale before collection you will be required to pay a fee of £20.
4.11 If the Product(s) have not been correctly packaged by you (or a party acting on your behalf, such as a courier or postal worker), we are not liable in any way whatsoever for any kind of loss, whether direct or indirect, that you may suffer as a result.
4.12 If the Product(s) have been packaged not by you but by a courier sent on behalf of Mac Recycle, and they have been damaged in transit, you must provide photographic evidence taken prior to collection with the serial number clearly visible on the Product(s). This is necessary in order for your quote to avoid being reduced due to the damage. Your quote may still be reduced for other reasons, including but not limited to cosmetic damage or issues with the functionality of the Product(s). (Clause 9)
5.1 The Valuation provided to you is valid for fourteen (14) days from the date you place your order with us, strictly subject to your Product(s) passing our Testing Procedure. If your Product(s) do not pass our Testing Procedure then we reserve the right to re-value your Product(s).
5.2 Our revised valuation process is set out in Clause 9. We recommended that you read Clause 9 and understand clearly our rights to re-value your Product(s) and how this may affect you.
5.3 Any Valuation is provided to you taking into account (but not limited to) the following:-
- Market value;
- Accessories included.
5.4 No other valuation by any other method will apply.
5.5 If you fail to send your Product(s) to us within fourteen (14) days from the date that you receive your quote we shall have the right, at our discretion, to revalue your Product(s).
6. OUR CONTRACT WITH YOU
6.1 By submitting the quote form on our Website, accepting a sale quote by signing these terms and conditions at the end of the quote, you are offering to supply us with your Product(s) for the price set out in our Valuation.
6.2 Upon confirming that we are happy to receive your Product(s) and providing instructions for sending them, you will receive a confirmation of our conditional acceptance of your order by email (referred to as the “Quote Confirmation”). In case you have chosen a postage option that does not trigger an automatic email regarding shipping, we will contact you either on the same day or the next business day regarding the next steps.
6.3 Any obligation we have to pay you is strictly conditional upon your Product(s) passing our Testing Procedure.
6.4 The contract between us, which sets out our legal obligations to each other as set out in these terms and conditions, is formed when we send you the Quote Confirmation.
6.5 If your Product(s) pass Testing Procedure, we will pay you the amount of the Valuation.
6.6 If your Product does not pass our Testing Procedure, we may pay you the amount of a revised valuation provided by us in accordance with these terms and conditions (‘Revised Valuation’) or we may arrange for your item to be returned or recycled, as per Clauses 9.6 and 10.
6.7 It is important to note that by submitting your quote on our website or sending us your Product(s), you indicate your agreement with the terms and conditions governing the revaluation and recycling process. If you do not agree with these terms and conditions, you should refrain from submitting your quote on our website or sending us your Product(s).
6.8 Our right to revise the Valuation of your Product(s) is unaffected by these terms and conditions in the event that your Product(s) do not pass our Testing Procedure.
7. YOUR RIGHTS TO CANCEL
7.1 You have the legal right to cancel your contract with us at any time, without giving us any reason, within fourteen (14) days from the date of the Quote Confirmation (i.e. the date the contract is formed). This is called the ‘Cooling off Period’.
7.2 However, if you ask us to start providing services to you during the Cooling Off Period you may lose your right to cancel after we have confirmed your Quote.
7.3 If we have not yet collected your Product(s), you may be able to cancel the contract by contacting us and telling us in writing that you want to do so as soon as soon as possible. If you inform us that you no longer wish to send your Product(s), we will remove the relevant Product(s) or order from our system. In those circumstances, you will not be entitled to any payment from us. To exercise your cancellation rights please contact us on email@example.com
7.4 If we have already collected the Product(s) but they have not yet arrived to us to start the Testing Procedure during the Cooling Off Period then we reserve the right to charge a return fee if the order can no longer be cancelled in time.
8. RISK AND TITLE IN PRODUCT(S)
8.1 Risk in each Product(s) will transfer to us once we received your Product(s) from you.
8.2 Title to (or ownership of) the Product(s) will transfer to us on the earliest of either:-
- The Product(s) passes the Testing Procedure;
- After the Product(s) fails the Testing Procedure, you accept our Revised Valuation for the Product(s), as set out in Clause 9.8 or
- After the Product(s) fails the Testing Procedure, you ask us to recycle the Product(s) for you.
9. PRODUCT INSPECTION, ASSESSMENT AND REVISED VALUATION
9.1 All Products sold to us are inspected by us as part of the Testing Procedure process. We reserve the right to revise any Valuation or reject your Product(s) at any time.
9.2 Any Product you send to us should match (including but not limited to) the make, model, size, colour and condition as described by you when using the Website to sell your Product to us. Any Product(s) sent to us that are not as described when you entered details of the Product on the Website will automatically fail the Testing Procedure process.
9.3 The condition you described the Product to be in when selling it to us on the Website has a direct impact on the Valuation and therefore if we determine (in our absolute discretion) the condition to be different from that which you described when selling the Product to us on the Website, we reserve the right to offer you a Revised Valuation.
9.4 The reasons for us giving you a re-valuation or rejecting your Product(s) include but are not limited:-
- You are not eligible to sell the them to us via the Website, as per Clause 3.2;
- The Valuation provided via the Website was done in error;
- You fail to submit the required details;
- You fail to send your Product(s) to us, either within fourteen (14) days (Clause 5.5) or at all;
- Your Product(s) are not as described when you sold them to us on the Website;
- Your Product(s) fail our Testing Procedure process.
- Your Product(s) is region locked, network locked, firmware locked or iCloud locked when it is sent to us;
- Your Product(s) is damaged in transit;
- The Product(s) is registered stolen lost or is counterfeit; or
9.5 Products will be given a zero value when they are uneconomical to repair. We will return the Product to you (as per Clause 10.2 below) or recycle it.
9.6 If your Product fails our Testing Procedure process we have the right to re-value your Product in accordance with Clause 9.5. We will contact you via email and inform you of the new Valuation for the Product.
9.7 You will have 7 days to accept the Revised Valuation that we have provided.
9.8 If you accept the Revised Valuation, the new price agreed between you and us for the Product(s) will then processed for payment. This Revised Valuation will be the new price for the Product(s) and will be the last and only price for the Product(s).
9.9 Please be advised that we cannot reverse any Valuations/Revised Valuation accepted by you in error.
9.10 If you chose to decline the Revised Valuation or do not respond to accept the Revised Valuation within seven (7) days of us emailing you and informing you of the same, we will return the Product(s) to you at the address you have provided when selling your Product(s) to us.
9.11 You accept and agree that we are not liable in any way whatsoever for any loss of any kind, direct or indirect which you may suffer as a result of your failure to act within the seven (7) day period and accept or decline the Revised Valuation.
9.12 We assume no responsibility whatsoever for the validity of the details you provide and it is your responsibility at all times to ensure that the payment details you have provided on the Website are correct, complete and accurate.
9.13 We are under no obligation to send you a follow-up message or reminder should you not reply within the seven (7) day period. We also assume no responsibility for any written correspondence that does not reach you within this time period including but not limited to: the email address provided being incorrect or no longer used after it has been provided by you.
10. RETURN OF PRODUCT(S)
10.1 If you choose to decline the Revised Valuation within the seven (7) days period, then the Product(s) will be returned by our chosen courier to you (UK addresses only) and the Product(s) shall be dispatched the next Working Day. You will be required to pay fees for the return of the Product as per Clause 10.4. Please note that Product(s) not intentionally included within the order will recycled and will not be returned (i.e. chargers, headphones, the original box, screen protectors, cases, etc), so please remove these before sending your order.
10.2 If we choose to cancel your order, you fail to accept or respond to any revised Valuation of your Product(s) or send us locked Product(s) we will confirm this to you in writing. You will be required to pay fees for the return of the Product as per Clause 10.4 unless we are able to come to an alternative resolution, such as having the device unlocked by you remotely, in which case we will revert to Clause 9 with the Testing Procedure.
10.3 Fees for the return of your Product(s) are set out below at Clause 10.4 (‘Courier Fees’). These fees will only apply if the reason for the return is deemed as your (‘Consumer’) fault including but not limited to incorrect information submitted.
10.4 Courier Fees are as follows for non-mainland UK:-
Macbook – £15.00
iMac – £15.00
Small Desktop – £15.00
Watches – £15.00
10.5 It is your sole responsibility to ensure that the address details provided by you are valid, accurate and correct and you accept and agree that we shall not be liable for any loss of any kind that you may incur due to Product(s) being returned by us to an invalid or incorrect address as a result of your failure to provide valid, accurate and up to date address details.
11.1 Payment will be made to you in accordance with these terms and conditions.
11.2 You will only be paid following completion of inspection and assessment of your Product(s) in accordance with Clause 9 and payment can only be made into the account of the seller of the Product(s).
11.3 Payment will be made to you by way of bank transfer. It is your responsibility to ensure that all payment details provided are accurate.
11.4 We will not be held liable for any losses suffered by you as a result of your failure to provide correct, complete and accurate payment details, including but not limited to where payment is sent to an incorrect account or recipient.
11.5 Payment by way of bank transfer will typically clear within three (3) to five (5) working days. We cannot be held liable for any delays in payment caused by third parties.
11.6 Payment will be made in Great British Pounds only and are exclusive of VAT.
11.7 All payments will be subject to security checks by us and/or third parties.
11.8 Please be advised that any further items included in the Product(s) package sent by you to us will not be paid for and will be recycled at no cost.
12. LOCKED DEVICES
12.1 We do not accept any Product(s) which have not been removed from iCloud, have ‘Find my’ turned on or are subject to any other iOS security features though exceptions do apply.
12.2 If you do send any Product(s) to us in breach of Clause 12.1, your order may be cancelled in accordance with Clause 10.2.
12.3 It is your sole responsibility to ensure that any Product(s) you send to us are not subject to any security features as described in Clause 12.1.
13.1 We recommend that you delete all personal information (‘Data’) that is or may be stored on your Product(s) (including images, passwords, songs etc.).
13.2 Please ensure that you remove any media storage, memory cards or similar devices from your Product(s) prior to sending them to us.
13.3 If we discover that your Product(s) includes any of the devices set out in Clause 13.2 or Data, we shall have no responsibility to return these and shall dispose of them responsibly.
13.4 We shall have no liability for any losses, claims or damages arising in respect of any Data which you fail to delete from your Product (whether knowingly or unknowingly).
13.5 Please be advised that we will make a secure data erasure on your Product(s) upon receipt. A certificate for this will not be provided unless requested in the quote and cannot be provided after the contract has been fulfilled without prior notification. Under the circumstance where we agree to provide a certificate when one was not requested in the original quote, it will only be provided upon payment of the certificate fee which is £20 per applicable Product.
13.6 It is your responsibility to remove Data from any Product(s) prior to sending it to us and to cancel any contracts linked to the Product(s).
14. STOLEN, LOST AND COUNTERFEIT PRODUCTS
14.1 If we find that you have sold us any Product(s) that have been registered or reported lost, stolen, blocked or barred, or we believe the Product(s) you have sent to us could be counterfeit we will notify you by email and quarantine the Product(s) whilst we contact the relevant authorities.
14.2 We accept no liability or responsibility for rejecting your item or not returning your Item to you in these circumstances. The Product(s) may be passed to the Police or destroyed.
15.1 To the extent that we are liable to you for breach of contract, negligence or any other liability arising under these terms and conditions, our liability shall at all times be capped at the Valuation of the Product(s) which is the subject of your claim.
15.2 We shall not be liable for any special indirect, punitive, incidental, special or consequential damages relating to your Contract with us. This includes but is not limited to direct and indirect loss of profit and loss of income.
15.3 Nothing in these terms and conditions shall exclude or limit our liability for:
- Your death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or the Consumer Rights Act 2015; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
15.4 Nothing in these terms and conditions shall affect your legal rights.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these terms to another organisation.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Therefore, if a court finds part of this contract illegal, the rest will continue in force.
17.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.