Terms of Use

MOZILLION LIMITED – BUYING TERMS

1. These Terms

  1.1  What these terms cover. These are the terms and conditions by which you can purchase devices, namely mobile phones, through our website and marketplace.  The term ‘device’ in these terms and conditions refer to mobile phones, but may in time include other devices, such as tablet computers and smart watches.

  1.2  Why you should read them. Please read these terms carefully before you proceed to purchase a device through our site. These terms tell you who we are, how we facilitate the purchase of your device, 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.

  1.3  Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying a device through our site wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

  1.4  If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Information About Us and How to Contact Us

  2.1  Who we are. We are Mozillion Limited a company registered in England and Wales. Our company registration number is 11864919 and our registered office is at The Old Casino, 28 Fourth Avenue, Hove, BN3 2PJ. Our registered VAT number is 374533194

  2.2  How to contact us. You can contact us by telephoning our customer service team at 020 4516 3885 or by writing to us at help@mozillion.com.

  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 when you created your Mozillion account.

  2.4  "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contract With You

  3.1  How we will accept your purchase. Our acceptance of your purchase will take place when we email you to confirm it, at which point a contract will come into existence between you and us. However, where your purchase is accepted by a seller, you will have entered into a contract with the seller to buy the item.

  3.2  If we cannot accept your purchase. If we are unable to accept your purchase for any reason, we will inform you of this by email. However, where we have been unable to accept your purchase, for example, where a seller has not sent their device to us or where they have sent their device to us and we deem it not fit for purpose, we will either provide you with a refund or fulfil your purchase ourselves directly to you.  We will always let you know if this is the case

  3.3  Your order number. We will assign an order number to your purchase when your purchase is confirmed and tell you what this is once your order to purchase a device has been accepted. It will help us if you can tell us the order number whenever you contact us about your order.

  3.4  You can only use Mozillion in the UK. Our website and marketplace platform is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. Accounts

  4.1  Mozillion Accounts.  In order to purchase through our marketplace, you must have registered and signed up for a Mozillion account.  We will not accept any offers to purchase from any individual or company that does not have a Mozillion account.  To register you must provide your real name, address, phone number, e-mail address and a valid UK credit or debit card acceptable by us. You confirm that the information you provide during the registration process (and any notification of change of such information) is true and correct.

  4.2  Security.  You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our website and marketplace. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding our Mozillion account.

  4.3  You must be issued with a major UK credit/debit card that is accepted on our website and you must register that card with us, and your application for registration must otherwise be acceptable to us in our absolute discretion. Payments are made using Paypal.   

  4.4  Terms of Use. When signing up for a Mozillion account, you agree to comply with our Terms of Use for the platform generally. We reserve the right to remove your account at any time.

5. PURCHASING FROM MOZILLION – GENERAL INFORMATION

5.1  Who you’re purchasing from. Mozillion lists devices being sold by sellers who may be consumers themselves, or businesses – this is done on an anonymous basis.  You will only be able to see what device is for sale, its price, as well as the model, colour, capacity, network and condition of the device.

  5.2  Information you provide. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration or listing process.

  5.3  Device Condition.  A description of the device description will be provided on each individual listing.  We categorise the condition of each device based on the following categories: -

    ‘New’: This is a brand new phone that has never been used and is in its original box, complete with all accessories.

    ‘Pristine’: This is where the condition of a ‘used’ device is so good, that it is hard to believe that it’s not new.  The device will have been used by its previous owner, but so well looked after that we believe it would be hard to tell the difference.

    ‘Very Good’: This is where the condition of the device is in great condition.  It may contain minimal cosmetic marks, such as small scuffs but ones that cannot be seen at arms length. ‘Very Good’ devices will generally have minimal evidence of usage by its previous owner.

    ‘Good’: This is where we can see the device has been used.  It may contain some cosmetic marks, visible at arms length.  ‘Good’ devices simply look as though they’ve ‘lived a little’, but definitely won’t have any cracks or dents.

Although we administer a number of checks on each pre-owned device to ensure each listing is accurate, if the device condition listed on our website does not match the device you receive, you may be entitled to a refund or replacement.

  5.4  Warranties. When you purchase a device from through our site, you will be provided with a 12 month warranty directly by us.  We will be responsible for ensuring we deal with any issues you may have and solving these for you, for example, administering you with a refund or re-fulfilling your order.

  5.5  Buying Options. Listings will either include a “buy it now” price – enabling  you to buy a device at a set price, or you can list an offer below the “buy it now” price and see if the ‘market’ for the device moves – this is where an asking price, the price wanted by the seller, and an offer you’ve made, match.  When this happens, a transaction occurs and a trade confirmation will take place.

  5.6  Product packaging.  All devices, will be sent in a ‘Mozillion’ box and contain the device you’ve purchased.   Packaging of the device may vary from that shown in images on our website, as website images are stock images and for illustration purposes only.

6. GENERAL RULES governing BUYING

  6.1  To use and rely on our Mozillion services we provide, all participants, being buyers and sellers, must understand their obligations to other users of Mozillion services. If you make an order to buy goods from a seller and the seller accepts your order, you must complete the transaction.

  6.2  Your making of an order entitles us and any seller to rely on your order and as a result you confirm and undertake that you have the legal right to make such an order and to enter into any such transaction.

  6.3  If your order is accepted by the seller, you have entered into a contract with the seller to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it. Sellers may refuse to accept your order for whatever reason.

  6.4  With regard to returns and refunds, please read paragraph 10. Your acceptance of these terms and conditions entitles us to assume you have read this paragraph.

  6.5  Mozillion reserves the right to remove any account or prevent a trade from taking place in the event that we believe a buyer is found to be manipulating prices or markets.

7. Your Rights to Make Changes

If you wish to make a change to the device you have ordered please contact us, for example, if you wanted to change the quantity. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

8. PRE-OWNED DEVICE CHECKS AND Changes

  8.1  Our checks. We run a series of diagnostic checks on all pre-owned devices, to ensure the device works as it should and to ensure the device is not blacklisted or stolen. You can find out how we check devices, as well as exactly what we check for here [location].

  8.2  Data. We ensure that any device you buy from us is wiped of all data contained on it.  It will be supplied to you with factory settings enabled and no trace of any previous use.  We wipe data in accordance with CESG standards, using a specialist third party.

  8.3  More significant changes to devices and these terms. In addition, as we informed you in the description of the device on our website, we may make some changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

9. Providing the Products

  9.1  Delivery costs. The costs of delivery will be as displayed to you prior to you making an offer to purchase a device. All deliveries are provided by DPD, under its ‘next day signed for’ service, or Royal Mail.

  9.2  Delivery. We will deliver devices to you as soon as reasonably possible and in any event within 14 days after the day on which you have completed a transaction on our site.

  9.3  We are not responsible for delays outside our control. If our supply of the devices are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

  9.4  If you are not at home when the device is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will need to rearrange delivery or collect the device from a local depot.  Deliveries are made by DPD or Royal Mail who will provide further information on how to facilitate the re-delivery or collection, as it may be.

  9.5  When you become responsible for the device. The device will be your responsibility from the time the device is delivered to the address you gave us.

  9.6  When you own a device. You own the device only once we have received payment in full.

  9.7  What will happen if you do not give required information to us. We may need certain information from you so that we can supply a device to you, for example, up to date information on your Mozillion account. If we need further information, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract to supply you with a device. We will not be responsible for supplying any device late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

  9.8  Reasons we may suspend the supply of products to you. We may have to suspend supplying a device to you to:

    9.8.1  deal with technical problems or make minor technical changes;

    9.8.2  update the device to reflect changes in relevant laws and regulatory requirements;

    9.8.3  make changes to the product as requested by you or notified by us to you (see paragraph 8).

    9.9  Your rights if we suspend the supply of a device. We will contact you in advance to tell you we will be suspending supply of a device, unless the problem is urgent or an emergency. If we have to suspend the device, you may contact us to end the contract if we suspend it, or tell you we are going to suspend it.

10.  RETURNS, REFUNDS and defective devices

  10.1 Refunds and returns: You have the statutory right to cancel your order for any reason within 14 days beginning with the day you receive the item. As well as your statutory cancellation rights described above, you can return a device within 30-days if the device is faulty or not fit for purpose. Mozillion will provide you with up to a 12 month warranty directly from us, details of which will be provided to you when you complete a transaction. The details we will provide you with will also confirm the length of the warranty we will offer, if this is different to the standard 12 month warranty provided under this clause 10.1. This will cover scenarios such as the device being not fit for purpose, is not as it is described or is faulty. See paragraph 11 for further details.

  10.2 Outside of the above warranty, if you purchase your device and find that it is faulty, not as described, not fit for purpose or not of satisfactory quality within the first 30 days, see paragraph 13, below.

  10.3 We will make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the device back from you.

  10.3.1 Return cost and method, within the 14-day statutory period the cost is paid for by the buyer, a suitable tracked insured method of return should be used, Mozillion will not accept any responsibility for a non-delivered item. For a return within the 30-day period due to a fault or not fit for purpose, Mozillion will send a free pre-paid label in order to return the device. Outside of the 30-day period, Mozillion will send a pre-paid label for return, if faulty there will be no cost, if no fault is found, the cost of return and re-delivery will be paid for by the buyer on despatch.

  10.4 Exclusions, new devices must be returned, unopened, unused, in the original manufacturer packaging, correlating IMEI and serial number, undamaged, if the product is damaged we may offset any refund by the diminished amount of the product. Refurbished devices must be returned complete with the accessories supplied, identical IMEI, undamaged, in the original grade of condition as supplied, any damage or degradation of grade due to use may result in an offset in any refund due to the diminished grade, relating to Pristine, Very good and Good. If a device does not meet the lowest criteria described as Good for resale due to damage no refund will be issued and the cost of return to be paid for by the buyer.

11.   MOZILLION WARRANTY

  11.1 Whenever you purchase a device through our marketplace, we warrant that on delivery, and for a period of up to 12 months from the date of delivery (warranty period), all devices shall:

    11.1.1  conform with their description;

    11.1.2  be free from material defects in design, material and workmanship;

    11.1.3  be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

    11.2 Subject to paragraph 11.3, if:

    11.2.1  you give us notice in writing during the warranty period within a reasonable time of discovery that a device does not comply with the warranty;

    11.2.2  we are given a reasonable opportunity of examining such device; and

    11.2.3  you return such device to us using the QR code for our standard DPD or Royal Mail delivery method that we will send you, we shall, at our option, repair or replace the defective device, or refund the price of the defective device in full.

    11.3 We will not be liable for a device's failure to comply with the warranty in paragraph 11.1 if:

    11.3.1  you make any further use of such device after giving a notice in accordance with paragraph 11.2.1;

    11.3.2  the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the device or (if there are none) good trade practice;

    11.3.3  you alter or repair the device without telling us;

    11.3.4  water or liquid damage;

    11.3.5  damage caused to removable covers such as battery covers, port/interface covers and lens caps;

    11.3.6  you attempt or have attempted to root or jailbreak the device; or

    11.3.7  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

  11.4 These terms shall apply to any repaired or replacement devices supplied by us under paragraph 11.2.

  11.5 Once we have dealt with a warranty issue, we will return your device to you free of charge via DPD or Royal Mail delivery.  If your device fails to comply with the warranty, due to one of the reasons listed above, you will be liable for the cost of return of the device.

12.  Our Rights to End the Contract

  12.1 We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our platform if you:

    12.1.1  act inconsistently and in breach of these terms;

    12.1.2  at any time violate or attempt to violate any rights of any other platform user or third party;

    12.1.3  are engaged in any fraudulent activity (including any market manipulation); or

    12.1.4  fail to make any payments due to us in accordance with these terms.

  12.2 On termination, all rights and obligations of the parties under these terms will, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for devices listed by a seller using the platform.

13.  If There Is a Problem With a device

  13.1 How to tell us about problems. If you have any questions or complaints about a device, please contact us. You can telephone our customer service team at 020 4516 3885 or write to us  at help@mozillion.com.

  13.2 If your device is faulty. If your device is found to be not as described, faulty or develops a fault within the first 30 days of purchase, Mozillion will offer you the choice to have the device repaired or replaced.  If the fault develops after 30 days, you will be able to benefit from the warranty period, subject to those exclusions contained within paragraph 11.

  13.3 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to your device. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  - Up to 30 days: if your goods are faulty, then you can get an immediate refund.

  - Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

  - Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

14.  Price and Payment

  14.1 Where to find the price for the device. The requested price of the device will be the price indicated on the listing pages as a ‘buy it now’ price. Alternatively, you can make an offer to purchase the device at a lower price.  If the device does not have a ‘buy it now’ price, you will need to make an offer, which the seller can choose to accept, or not accept.

  14.2 When you must pay and how you must pay. We only accept payment by UK credit or debit card/Paypal and you must pay for devices before they are dispatched. Mozillion reserves the right to request proof of payment method, proof of address and proof of identity to validate a transaction as deemed necessary, to prevent fraudulent transactions.

  14.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  14.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclay’s Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

15.  INSURANCE

  15.1 When you purchase a device, you have the option of purchasing additional insurance for an extended warranty, through Warranty and Creditor Services, who are a third party and who we are not affiliated with.  It is entirely at your discretion as to whether you want to purchase additional insurance.  Details are available on our website.

16.  Our Responsibility for Loss or Damage Suffered By You If You Are a Consumer

  16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  16.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the devices.

  16.3  We are not liable for business losses. If you are a consumer we only supply the devices for to you for domestic and private use. If you use the devices for any commercial, business or re-sale purpose our liability to you will be limited as set out in paragraph 17.

17.  Our Responsibility for Loss or Damage Suffered By You If You Are a Business

  17.1  Nothing in these terms shall limit or exclude our liability for:

    17.1.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

    17.1.2  fraud or fraudulent misrepresentation;

    17.1.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

    17.1.4  defective devices under the Consumer Protection Act 1987; or

    17.1.5  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

  17.2  Except to the extent expressly stated in paragraph 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

  17.3  Subject to paragraph 17.1:

    17.3.1  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

    17.3.2  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £75.

18.  How We May Use Your Personal Information

How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

19.  Other Important Terms

  19.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  19.2  You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  19.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

  19.4  If a court finds part of this contract illegal, the rest will continue in force. 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.

  19.5  Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the devices, we can still require you to make the payment at a later date.

  19.6  Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the devices in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the devices in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the devices in either the Northern Irish or the English courts.

  19.7  Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 

Mozillion limited – selling terms

20.  These Terms

  20.1  What these terms cover. These are the terms and conditions by which you can sell devices, namely mobile phones, through our marketplace.  The term ‘device’ in these terms and conditions refer to mobile phones, but may in time include other devices, such as tablet computers and smart watches.

  20.2  Why you should read them. Please read these terms carefully before you proceed to sell through our site. These terms tell you who we are, how we facilitate the sale of your device, 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.

  20.3  Are you a business customer or an individual/consumer? In some areas you will have different rights under these terms depending on whether you are a business or an individual/consumer. You are a consumer if:

  • You are an individual.
  • You are selling devices through our site and marketplace wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are set out and clearly stated within these terms and those specific to businesses only are also clearly set out.

  20.4  If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your sale of devices. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

21.  Information About Us and How to Contact Us

  21.1 Who we are. We are Mozillion Limited a company registered in England and Wales. Our company registration number is 11864919 and our registered office is at The Old Casino, 28 Fourth Avenue, Hove, BN3 2PJ. Our registered VAT number is 347533194.

  21.2  How to contact us. You can contact us by telephoning our customer service team at 020 4516 3885 or by writing to us at help@mozillion.com.

  21.3  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 when you created your Mozillion account.

  21.4  "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

22.  Our Contract With You

  22.1  How we will accept your listing. Our acceptance of your listing will take place when we confirm we have received and accepted your listing, at which point a contract will come into existence between you and us for the listing of your device on the platform.

  22.2  If we cannot accept your listing. If we are unable to accept your listing, we will inform you of this and, subsequently, your device will not be listed on our site. This might be because, for example, the phone you are trying to sell is described incorrectly, because of any issues regarding title and ownership of the phone or because we have identified an error or problem with your account as to previous sales.

  22.3  Your listing number. For each listing we accept, we will assign you a unique number to your listing and tell you what it is when we accept that listing. If you need to discuss a listing with us, it will help us if you can tell us the listing number whenever you contact us.

  22.4  We mainly list UK devices. Our website and marketplace is largely for the purchase and sale of our devices in the UK. Although in some cases we can list non-UK mobile devices, we reserve the right not to do so and may prohibit non-UK sales at our sole discretion.

23.  Accounts

  23.1  Mozillion Accounts.  In order to sell through our marketplace, you must have registered and signed up for a Mozillion account.  We will not accept any listings from any individual or company that does not have a Mozillion account.  

  23.2  Security.        You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our website and marketplace. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding our Mozillion account.

  23.3  Terms of Use. When signing up for a Mozillion account, you agree to comply with our Terms of Use. We reserve the right to remove your account at any time.

24.  LISTING PROCESS

  24.1  Device Description.  When you list a device, whether as a consumer or a business customer, you will be required to list it under one of the following categories, that correspond with the condition of the device you want to sell.  These categories are as follows: -

  • 'New’: This is a brand new phone that has never been used and is in its original sealed box, complete with all accessories.

  • 'Pristine’: This is where the condition of a ‘used’ device is so good, that it is hard to believe that it’s not new. The device will have been used by its previous owner, but so well looked after that we believe it would be hard to tell the difference.

  • 'Very Good’: This is where the condition of the device is in great condition. It may contain minimal cosmetic marks, such as small scuffs but ones that cannot be seen at arms length. ‘Very Good’ devices will generally have minimal evidence of usage by its previous owner.

  • 'Good’: This is where we can see the device has been used. It may contain some cosmetic marks, visible at arms length.  ‘Good’ devices simply look as though they’ve ‘lived a little’, but definitely won’t have any cracks or dents.  

  24.2  Information you provide. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration or listing process.

  24.3  Device Models. You will only be able to sell the models of phone listed on our site.  If you wish to sell a model that does not appear on our site, you will need to contact us to make a sell request.  We will then confirm whether you are able to list your device.

  24.4  Device Condition You will need to describe the condition of each device before it is listed using the categories in paragraph 24.1. Any device sent to us that does not accurately reflect the description provided, that is faulty blacklisted, or the sale cancelled due to late shipping, if received subsequently will be subject to a return fee of £15.

  24.5  Device Images. The images of the devices on our website are stock images, for illustrative purposes only. You will be unable to upload your own device images. Although we have made every effort to display the colours accurately on our site, we cannot guarantee that a device's display of the colours accurately reflects the colour of the devices. Your device may vary slightly from those images.

  24.6  Selling Options. Once we have accepted a listing, your device will be listed on our site.  When listing your device, you can either include a “buy it now” price – enabling a buyer to buy your device at a set price, or you can wait up to a maximum of 30 days and see what offers potential buyers make for your device.  You can then choose whether to accept one of these offers, at which point a ‘trade’ is made.  If more than one buyer meets your “buy it now” price, the first offer will take priority.

25.  GENERAL RULES when selling

  25.1   In relation to any device you list for sale:

    25.1.1  you must be the absolute unencumbered legal owner with the right to sell that device, Mozillion reserves the right to request the original proof of purchase as deemed necessary

    25.1.2  your sale of the device must not infringe any third party rights or be unlawful in any way;

    25.1.3  you must list your device in the correct category with accurate and appropriate descriptions and provide such information as we may request (see paragraph 24); and

    25.1.4  although we will wipe all devices of any data contained on it, it still must not contain any offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age.

26.  Your Rights to Make Changes

If you wish to make a change to a listing you have requested please contact us. We will let you know if the change is possible. If it is possible we will let you know about any specific changes to the device you have requested to sell, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

27.  Selling Process

  27.1  Once you have a confirmed sale, we will ask you to send your device directly to us within two business days.  We will send you a QR code to be used via DPD’s next day delivery service or via Royal Mail (see paragraph 29 below). Once we have received your device, we will ensure it matches the device condition contained within your sell order (see paragraph 24.4).

  27.2  Any device sent to us must: -

    27.2.1  not be activation locked;

    27.2.2  be deregistered from any associated account;

    27.2.3  have its sim card removed; and

    27.2.4  match the device description and condition you provided in your sell order.

    27.2.5  The battery health must be above 85% for Apple iPhones and other devices must be 'healthy'

  27.3 Our checks.  We will run a series of diagnostic checks on your device, to ensure the device works as it should and to ensure the device is not blacklisted or stolen. Any device that does not pass these checks will be returned to you and a transaction fee imposed at our sole discretion – see paragraph 24.4.  We will certify all devices that pass our checks and ensure this is listed next to your device listing.

  27.4  Data. As part of our checks, we will complete a data wipe of your device in accordance with CESG standards, via a third party that we work with.

  27.5  Age Restrictions. You must be 16 years of age or older to sell any device on Mozillion's marketplace.

28.  PAYMENTS AND COMMISSION

  28.1  Payments. All payments from buyers will be made to us, following completion of a transaction.  Payments will be made by buyers through Paypal.  This will be the case regardless of whether you are selling a new or pre-owned phone.  Following completion of a transaction and once we receive payment from a buyer, we will send this to you within 14 days of us receiving payment from the buyer, less our commission.

  28.2  Commission Rates. We charge a flat rate of 12% commission for each sold device, which we will deduct from the payment we receive from the buyer, before sending the remaining amount to you.

  28.3  Commission Cap. In the case of individual device sales over £1000, commission will be capped at £120.

  28.4  Taxes.  All payments and commission rates charged by us include value added tax.

  28.5 Return costs If a phone does not meet the criteria as described within these terms and conditions and the transaction is cancelled by us between the buyer and the seller, the seller will be required to pay the administration charge to cover the cost of delivery to and from Mozillion. This fee must be paid prior to despatch, and Mozillion’s decision as to condition, grade, fault, battery condition, not fit for purpose is final.

  28.6 The seller is bound to provide the correct IMEI of the phone sold once the sale is confirmed, if the IMEI is not confirmed post sale, Mozillion reserves the right to cancel the order and condition 28.5 applies

29.  Delivery

  29.1  Delivery Process. Once a transaction has been concluded and payment received by us from a buyer, we will send the device to them by DPD next day delivery or Royal Mail to the address provided by the buyer.

  29.2  Notification. We will let you know when we have sent your device to the buyer, either by email or through your Mozillion account.

30.  WARRANTY and refunds

  30.1  Warranty on devices. As we check all consumer devices (see paragraph 27.3), we offer the buyer of your device up to a 12 month warranty on each device.

  30.2  Refunds. If a buyer returns the device to us, we will take ownership of any returned device before deciding what to do next, whether this be repairing the device or relisting it. This will not affect you in any way and we will not ask you to return any money to us unless clause 25.1.1 applies.

  30.3 Business sellers are fully liable for all refunded devices, and not withstanding a 12-month warranty.

31.  How to End the Contract With Us

  31.1 Tell us you want to end the contract. To end a listing, please let us know by doing one of the following:

    31.1.1  Phone or email. Call customer services on 020 4516 3885 or email us at help@mozillion.com. Please provide your name, Mozillion account details and details of the selling request and, where available, your phone number and email address.

    31.1.2  Online. Delete any listing on the market place following the links from your account (so long as a transaction has not taken place)

  31.2  When you can end the contract. You can end the contract with us at any point prior to a trade being confirmed, (whether either a by providing us with the information required in this paragraph 31.  If you have sent us your device and, subsequently, end the contract, we may charge you postage fees to return your device to you. Please note, that if you are a business customer, ending the contract with us does not end your contract with each buyer of your device, created when you accept an offer from a buyer or accepting a “buy it now” offer.

32.  Our Rights to End the Contract

  32.1  We may end the contract if you break it. We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use and sell on the platform if:

    32.1.1  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to list your device;

    32.1.2  you act inconsistently and in breach of these terms;    

    32.1.3  you at any time violate or attempt to violate any rights of any other user of the platform or third party;

    32.1.4  we become aware of you not complying with the obligations owed to a buyer, such as providing a warranty and administering refunds; or

    32.1.5  you are engaged in any fraudulent activity.

33.  If There are any Problems

  33.1 How to tell us about problems. If you have any questions or complaints about Mozillion or the services we provide, please contact us. You can telephone our customer service team at 020 4516 3885 or write to us at help@mozillion.com or at 2/7 Horsted Square, Bellbrook Industrial Estate, Uckfield, East Sussex TN22 1QG.

34.  Our Responsibility for Loss or Damage Suffered By You If You Are a Consumer

  34.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  34.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for defective devices returned to you under the Consumer Protection Act 1987.

  34.3  We are not liable for business losses. If you are a consumer we only list devices for  you for domestic and private use. If you use the device for any commercial, business or re-sale purpose our liability to you will be limited as set out in paragraph 35.

35.  Our Responsibility for Loss or Damage Suffered By You If You Are a Business CUSTOMER

  35.1  Nothing in these terms shall limit or exclude our liability for:

    35.1.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

    35.1.2  fraud or fraudulent misrepresentation;

    35.1.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

    35.1.4  defective devices returned to you under the Consumer Protection Act 1987; or

    35.1.5  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

  35.2  Except to the extent expressly stated in these terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

  35.3  Subject to paragraph 35.1:

    35.3.1  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

    35.3.2  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.

36.  How We May Use Your Personal Information

How we will use your personal information. We will only use your personal information as set out in our [HYPERLINK TO PRIVACY POLICY].

37.  Other Important Terms  

  37.1  We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the terms.   

  37.2  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  37.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 37.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.  

  37.4  If a court finds part of this contract illegal, the rest will continue in force. 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.

  37.5  Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the devices in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the devices in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the devices in either the Northern Irish or the English and Welsh courts.

  37.6  Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

MOZILLION LIMITED

JUNE 2021

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