Virgin Media Freestyle Trade Up Terms and Conditions
Please read the following terms carefully. You should understand that by placing an order with Trade Up you agree to be bound by these Terms and Conditions. It is recommended that you write down your IMEI number before Trade Up in case there are any potential issues with your order. Please take a look...FAQfor help on how to find your device's IMEI number
1. Was ist Freestyle Trade Up?
1.1.Trade up is a service that allows existing Virgin Media Freestyle customers (“you”) to make an early upgrade to a new phone by using the value of an old phone (a “Device”) to upgrade your existing active Freestyle consumer credit agreement (your "Freestyle Loan") with Virgin Media Mobile Finance Limited under the Consumer Credit Act 1974 ("Trade Up").
1.2.You can trade in any valid device; it doesn't have to be the device associated with your existing Freestyle loan.
2. Who offers trade-up?
2.1.The Trade Up Services are operated for and on behalf of Virgin Media Limited (company no. 2591237) of 500 Brook Drive, Reading, RG2 6UU, ("Virgin Media") by Likewize UK Limited (company no. 08401611) with registered office at Crewe Logistics Park, Jack Mills Way, Shavington, Crewe, CW2 5XF, England, ("Likewize") (collectively "we", "us" or "our").
3. Eligibility
3.1.To place a Trade Up order, you guarantee:
(I)you are a resident of the UK;
(ii)that you are an existing Virgin Media customer with an active Freestyle loan with Virgin Media Mobile Finance Limited;
(iii)You own the device or have obtained the rightful owner's express consent to trade in the device;
(iv)the Device is not subject to any previously agreed trade-in or trade-up agreement;
(v)the device was not purchased from Virgin Media within 30 days of placing the trade-up order; and
(vi)the device is not stolen or listed as stolen by us or a third party.
3.2.As part of the authorization process, we will screen the device with CheckMEND from IMMOBILIZE's suppliers, as used by UK police forces to track stolen and missing property. If the Device fails a due diligence check, we may notify the appropriate law enforcement agency and provide the Device and your information to them and the Device Offering, as defined in Section 4 below, will not be used to pay for your Freestyle Loan.
4. Place your trade-up order
4.1.In order to determine the value of your device, you must provide a true and accurate description of the device when placing your order, including but not limited to the following information:
(I)the correct make/brand, model and IMEI number of the device you wish to trade in; and
(ii)the condition of the device you wish to trade in which is deemed to be: (a) a working device, meaning that all functions of the device are in good working order and condition, there is no physical damage to the exterior (e.g. to the buttons or on the screen) or water damage, the device can make/receive calls and send SMS, its battery is included and can be charged and turned on (“Working Device”); &;or (b) a non-functioning device, ie. H. a device that is not fully functional (e.g. will not turn on, has a damaged screen, case or buttons, or has water damage) but contains a battery, is not crushed or bent; has no missing components (“non-functioning device”).
The trade-up value of the device (“Device Offer”) is determined solely by Virgin Media, Likewize or a third party based on the Device model brand.
Device chargers and accessories may not be returned with your device and have no monetary value. They are not part of the condition and cannot be used to complete the trade-up process. These chargers and device accessories will not be shipped back to you; We therefore recommend that you carefully check the contents of your package before sending it back to us.
4.2.Once a trade-up order has been placed, the device offer is valid for up to 14 calendar days to allow you to complete your order. If the device arrives after 14 calendar days from the date of the trade-up order, the device listing will be updated – see Section 5.1(ii).
4.3.After placing your order you will receive a free postage package via Royal Mail; this usually arrives 2-3 business days after placing your Trade Up order. We are not responsible for lost, stolen, delayed, or damaged shipping packages containing your device. Proof of sending is not proof of receipt.
4.4.If we do not receive your device after 28 calendar days, your trade-up order will be canceled. For the avoidance of doubt, your current Active Freestyle Loan and any new Freestyle Loan are separate and continue to accrue as normal and in accordance with your recently communicated payment schedule.
4.5.Important information before the trade up:
(I)Once you place your order and ship your device, you can no longer cancel your order.
(ii)Please remove all SIM cards and all accessories including but not limited to memory cards prior to Trade Up. We will not be liable for the consequences of your failure to remove the SIM card or accessory, including any charges incurred as a result. You are still responsible for any such fees; and
(iii)We strongly recommend that you back up all data stored on the phone or a memory card, including but not limited to images, messages and videos, on the device you intend to keep before the Trade Up and save elsewhere. We shall not be liable for any damage, confidentiality, loss or deletion of any such data, including Personal Data, or any consequences of your failure to remove your data, including the use or disclosure of such data.
5. Exchange a contribution to your freestyle loan
5.1.Once your order is received, we will determine, in our sole discretion, whether the description of the device when you placed the trade-up order is an accurate and true description of the device received:
(I)If determined to be a true and accurate description, the equipment offering will be used to partially settle/pay off your existing active Freestyle loan.
(ii)If it is determined that the description is not true and accurate, or if the device is received after 14 calendar days from the trade-up order and the value has subsequently changed, the device listing will be void and a new revised listing (“Amended value”) you will be offered to partially pay off your freestyle loan. You will be notified of this revised value by email and have 5 calendar days from the issuance of the revised value to either accept or reject the revised value. If you do not accept or decline the revised value, we will assume that you accept the revised value and this will be used to partially settle/pay off your existing Freestyle Active Loan. If you reject the revised value, we will return the device to you free of charge. You have 14 calendar days from your acceptance or rejection of the amended value to cancel your new Freestyle Loan.
5.2.For the avoidance of doubt, the equipment quote or revised value, if accepted, only contributes to your existing Freestyle loan. Any outstanding balance on your existing Freestyle Loan remains payable according to your recently communicated payment schedule until fully paid. This credit can be paid for by contacting Virgin Media and making a debit or credit card contribution.
5.3.Payments related to your existing Freestyle Loan will not be collected for up to 30 calendar days from the date of your Trade Up order to allow us to process your order. After 30 calendar days, your payment will resume and a revised payment schedule will be emailed to you.
5.4.If the Equipment Quote or Revised Value is greater than your existing Freestyle Loan balance, a credit for the difference between the Equipment Quoted Value or Revised Value and the outstanding Freestyle Loan balance will be issued to the bank account used to pay for your existing monthly Freestyle -Loan payments within 10 business days.
6. Privacy and Data Protection
6.1.Where applicable, all data collected as part of the Trade Up Services will be processed and stored in full compliance with applicable data protection laws and regulations. The Promoter will use reasonable efforts to ensure that no data is processed or stored outside the EEA or by any third party organisations, other than administering the Trade Up Services.
6.2.By placing a Trade Up order with us, Virgin Media and/or Likewize may use your personal information to contact you about special offers on goods and services that may be of interest to you.
6.3.Any personal information will only be used in accordance with Virgin Media's or Likewize's privacy policy, which can be viewed here: (i) Virgin Media Privacy Policy; and (ii) the Likewize Privacy Policy.
General
6.4.We reserve the right to change these Terms from time to time. If we make changes to the terms of this Agreement, we will notify and make available those changed terms.
6.5.Title to the Device will not pass to us until we have received the Device and the Device Quote or Revised Value has been accepted and payment has been dispatched to you.
6.6.Subject to 7.6, in no event shall Likewize, Virgin Media, their affiliates, officers, agents or licensors be responsible or liable for any direct, indirect, special or consequential damages whatsoever arising out of the Trade Up Services, including but not limited to (a) technical difficulties or equipment malfunctions (whether or not under the control of Virgin Media or Likewize); (b) theft, unauthorized access or interference by a third party; (c) any portion of the Trade Up order or re-order process that is delayed, lost, altered, damaged or misdirected for any reason beyond Virgin Media's or Likewize's reasonable control (whether or not placed with Virgin Media or Likewize received or not); (d) any tax liability arising in connection with the Trade Up; or (e) use of the Trade Up Services.
6.7.By placing your Trade Up order, you agree to indemnify and hold Virgin Media and Likewize harmless from any and all liability for injury, loss or damage of any kind, to the extent permitted by applicable law and except as provided herein as a result of participating on or related to Trade Up, including without limitation accepting, receiving, using and/or misusing the Trade Up Services.
6.8.Virgin Media and Likewize reserve the right to void Trade Up orders where fraudulent use of the Trade Up Services is suspected.
6.9.Nothing in these terms and conditions and its agreement shall limit or exclude Likewize's or Virgin Media's liability for death or personal injury resulting from our negligence and any other liability which cannot be excluded or limited under English law.
6.10.We will not be liable or responsible for any failure to provide the Trade Up Services if the Trade Up Services are unable to perform as reasonably expected in any way for reasons beyond our reasonable control, including but not limited to the failure of any third party and/or our compliance with any applicable law or regulation.
6.11.This Agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England.