Terms and Conditions for Apple UK

PCS Wireless UK Limited Trade-In Terms and Conditions

This device trade-in programme “Trade-In Programme” is a service provided to you by PCS Wireless UK Limited (“PCS “we”, “us”, “our”), as part of a contracted service that PCS provides to Apple (“Apple”). We are a limited company registered in England under company number 12329873 and with our registered office at Tallis House, 2 Tallis Street, London, EC4Y 0AB United Kingdom. Our VAT number is GB348506191. Apple will provide customer service for the Trade-In Programme including determining if your device is eligible for trade-in, taking possession of your device and inspecting your device, but you understand the Trade-In Programme and these Terms and Conditions are between you and PCS only.

This page tells you information about us and the legal terms and conditions (the “Terms”) on which you the customer, can trade-in your Eligible Device (as defined below) at an Apple Store or via Apple Online Store. The Terms set out below will apply to any agreement between PCS for the trade-in of an Eligible Device from you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before trading-in any Eligible Device. You must agree to these terms. If you refuse to accept these Terms, you will not be able to trade-in any Eligible Device to us.
We only use your personal information in accordance with our Privacy Policy and relevant Data Protection Laws. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

Customer understands, acknowledges and agrees the Trade in Service is provided by PCS and not Apple. Apple has no liability to the Customer in respect of the Trade in Service and agrees not to hold Apple responsible in respect of the Trade in Service received.

Definitions

“Trade in Service” means the Trade in of the Eligible Device and the purchase by us of the Eligible Device in consideration of providing the Customer a credit against the purchase of a new Apple Product.

“Customer” or “you”, “your” means the person using this Trade in Service and agreeing to these terms and conditions.

“Eligible Device” means any device that is eligible for this Trade in Service as determined by us in our sole discretion.

Customer Warranties

You represent and warrant that:

You are the sole owner of the Eligible Device or have been authorised by the owner of the Eligible Device and that they are able to make decisions with regards to the Eligible Device;
There are no liens, encumbrances or security interests in or attached to the Eligible Device and that no other party has a legal interest in it;
Any items you seek to recycle through the Trade in Service shall not infringe on any third-party intellectual property right (including copyright, trademarks, patent, trade secrets or other proprietary right);
You are not an Apple reseller;
the Eligible Device is not counterfeit, stolen or fraudulent;
You are at least 18 years old, or, if you are under 18 years of age, you have obtained your parent or guardian’s permission to sell your device;
You are a resident in the United Kingdom; and
You are legally capable of entering into a binding contract.

Ownership transfers to PCS

Upon both (i) Apple’s receipt of your Eligible Device; and (ii) payment by Apple in the form of the credit for your Eligible Device, title of ownership in such Eligible Device transfers from you, the Customer, to PCS and you disclaim any further right, title or interest in and to the Eligible Device or any items contained therein.

Risk of Loss

Risk of loss in your Eligible Device will transfer to us once PCS receives possession of your device. Notwithstanding, we will not be liable or responsible for any risk related to you sending us a device that has any battery damage.

Consideration for Eligible Device

Customer agrees that the value received by them from Apple on PCS’ behalf for their Eligible Device will be in the form of credit which will be used towards the purchase of a new Apple Product. There is no cash alternative and the credit cannot be used for any purpose or purchases other than those stated above. The provision of the credit will be in full satisfaction of any payment obligation for the purchase of the Eligible Device by PCS.

Customer’s responsibility for their data

It is Customer’s responsibility to:

Remove your sim card (the “SIM”) and any memory card before trading in your Eligible Device. The SIM and memory card can contain private information and may enable unauthorised use of your network airtime or your personal information. If you fail to remove the SIM or memory card, you agree to release us from all claims, losses or damages with respect to the use of the SIM or memory card arising before, or after receipt of your Eligible Device. Any SIMs or memory cards received by us are non-returnable and shall be disposed of;

Delete and remove all personal file and data, whether in the form of personal details, SMS, photos, games, songs or other data, (the “Data”) from the Eligible Device; and please refer to (i) for Apple devices, Apple’s guidance on deletion of Data, storing Data to iCloud or other backup, and resetting the Eligible Device to factory settings (ii) for other manufacturers, their guidance on deletion of Data, storing Data to the cloud or other backup, and resetting the Eligible Device to factory settings.

Switch off ‘Find My’ or equivalent on your Eligible Device, if it is an Apple Eligible Device.

If we receive your Eligible Device with Data still left on it, we may reject the Eligible Device and cancel the contract. Please ensure you remove all data and reset the Eligible Device to factory settings (which deletes the data) before handing or sending it in for trade-in.

By sending your Eligible Device to us, you agree to release us from all claims, losses or damages with respect to the SIM, Data or Eligible Device. We accept no responsibility in relation to the security, protection, confidentiality or use of such Data or the SIM.

It will not be possible for you to obtain any Data or other content from the Eligible Device, whether stored on the Eligible Device or memory card, once it has been sent or given to us.

You agree that you have the sole responsibility to keep a separate backup copy of any Data before sending your Eligible Device to us; and that you have taken all reasonable steps to eliminate and delete Data that is deemed personal or confidential. Neither PCS nor Apple accept any responsibility or liability for any lost Data.

Where a Eligible Device is received by us which, when the Eligible Device is turned on, appears not to have been reset to factory settings and Data is immediately obvious from the screen, then you hereby authorise us to take reasonable actions to wipe or remove any stored Data from the Eligible Device by resetting the Eligible Device to factory settings in accordance with Apple’s or the manufacturer’s recommended guidelines and utilizing the reset functions on the Eligible Device to do so. PCS shall have no further obligations in respect of wiping or removing the Data. PCS accepts no responsibility for failure to maintain the integrity or confidentiality of any Data, and does not warrant or guarantee that resetting the Eligible Device to factory settings will permanently delete any Data or personal information.

Product Eligible Device trade-in process

Apple will guide you through the steps you need to take to trade-in Eligible Device with us. The trade-in process allows you to check and amend any errors before submitting your sale order to us.

Eligible Devices cannot be returned under any circumstance once you have received the credit for your Eligible Device from Apple on PCS’ behalf.

How the Contract is formed between you and us

Nothing herein constitutes an offer by us to sell or purchase any goods or services.

Sending an Eligible Device to us shall constitute an offer by you to sell such Eligible Device to us in return for credit toward the purchase of a new Apple product (“Your Offer”). However, please note that this does not mean that Your Offer has been accepted.

No Contract will be formed until we accept Your Offer, and by you receiving the credit.

Any Credit will be provided within 3 working days after receipt and Inspection.

All quotations and payments include VAT (as applicable)

Lost or Stolen Devices

You acknowledge that as part of our licensing obligation, your personal information along with the Eligible Device serial number may be submitted to the police data system for verification purposes and to assist with checks for lost or stolen property. If the Eligible Device is registered as lost or stolen, PCS will retain it in accordance with local laws and guidance. The Eligible Device will NOT be returned to you nor will there be any credit be given to you unless Customer is able to prove the legitimate ownership of the Eligible Device within 28 days. It is the responsibility of Customer to inform Apple and PCS that they are contesting this decision. If Customer is not able to prove the legitimate ownership of the Eligible Device, it will be treated in accordance with local law and guidance.

No payments or credits will be made to customers for Eligible Devices received which are Blocked or Fake.

PCS reserves the right to decline or cancel your participation in the Trade-In Programme, with or without advance notice, if we believe that your participation is enabling a fraudulent or illegal purpose.

Right to Change your Mind

By agreeing to sell us your Eligible Device and accepting payment you expressly agree to waive any right you may have to change your mind and terminate the transaction with us.

General Terms and Conditions

This Trade in Service is provided for lawful purposes only, and Customer agrees to indemnify Apple and PCS and any of their directors, officers, employees, affiliates, subsidiaries or agents from and against any claims brought against any of them arising from performing this Trade in Service on Customer’s behalf or for any breach of these terms and conditions by Customer.

Except as set out in these terms, Eligible Devices cannot be returned under any circumstance once you have received the credit for your Eligible Device from Apple on PCS’ behalf.

You understand and agree that PCS may not return your Eligible Device to you if to do so would violate any law, statute, regulation, regulatory policy, guideline, or industry code, or rule, regulation, instrument, official directive, or guideline of any governmental, intergovernmental, or supranational body

If you are a Consumer, then these terms and conditions shall not affect any statutory rights you may have as a consumer.

By participating in the Trade-In Programme, you understand and agree that it may be necessary for PCS, its affiliates, partners and agents, to collect, process, transmit, maintain, share, and use certain of your personal information, such as your name, address, and information related to your method of payment, to perform the service and support obligations under the Trade-In Programme. At all times, PCS will treat your information in accordance with the PCS Privacy Policy set forth below.

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of any contract with you or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your offer of sale. You additionally agree that PCS’ total liability to you will not exceed the amount offered for your Eligible Device. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.

Subject to the above clause, neither PCS nor Apple will under any circumstances be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any) loss of profit, sales or business or revenue; or b)loss or corruption of data or information; or c) loss of opportunity or d) any special, indirect, incidental or consequential damages resulting from this Trade in Service.

PCS, Apple and their affiliates’ entire liability, if any, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, with respect to this Trade in Service shall not exceed 100% of the value of the credit for the Eligible Device.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

We may transfer our rights under any contract with you to another organisation, provided that your rights and experience in using the services are not affected by that transfer. We will tell you in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.

If any provision (or part of any provision) of these Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.

If we do not insist that you perform any of your obligations under these Terms, or where we do not enforce, or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Neither of us will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (including but not limited to strikes, fire, pandemic, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).

If either of us are unable to perform our obligations as a result of any event outside their control, the affected party will contact the other party as soon as reasonably possible and shall take steps to minimise the effect of any delay. Provided they do this, the obligations of that party shall be suspended for the duration of the event outside of their control and they will not be liable for any delay caused by the event.

These Terms are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms. This means you may bring a claim to enforce your consumer protection rights in connection with these Terms in England only, or if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you may also bring proceedings in Scotland.

Communications between us

You may contact Apple Store or Apple Online Store with any questions concerning the Trade-In Programme.

Resale of your Eligible Device

You hereby agree that PCS may resell or transfer your Eligible Device to a third party having first reset the Eligible Device (where necessary) to factory Settings

General Data Protection Regulations (GDPR)

Personal Information stored on your Eligible Device, about you or your friends, may well be personal data as defined by General Data Protection Regulations (GDPR). However, if you have carried out your responsibilities set out above (in particular section headed “Customers responsibility for their data” above) there should be no personal data which is apparent on your Eligible Device when PCS receives the Eligible Device.

In the unlikely event that we receive your Eligible Device which still contains personal data we will not use that personal data for any purpose. PCS shall, as referred to in section headed “Customer’s responsibility for their data” above reset your Eligible Device to factory settings so that the personal data is no longer present when your turn on the Eligible Device.

PRIVACY POLICY PCS

PCS Wireless UK Limited registered in England and Wales under company number 12329873 and with our registered office at C/O Legalinx Limited Tallis House, 2 Tallis St, Temple, London EC4Y 0AB. (“PCS” “we”, “us”, “our”) is committed to protecting and respecting your privacy.

This Privacy Policy (“Policy”) sets out the basis on which any personal data we collect from you or that you provide to us within the Trade-In Program at the Apple Store or via the Apple Online Store (“Trade-In Program”) will be processed by us.

Please read the following sections carefully to understand the procedures we follow in handling your Personal Information.

This Policy does not apply to the websites of our business partners or any third parties, even if their websites are linked to our Trade-In Program.

1. Data Controller

For the purposes of the Data Protection Legislation we are the data controller.

Data Protection Legislation means all of the following: the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”); (ii) the United Kingdom General Data Protection Regulation, being the EU GDPR as it forms part of UK law, the Data Protection Act 2018; (iv) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426); (v) all other applicable data protection and privacy legislation in force from time to time in the UK or European Economic Area.

2. Personal Data

“Personal data” is any data defined as such by the Data Protection Legislation, e.g. your name, your telephone number, your e-mail address, your IP address (“Internet Protocol” address) or your location data.

3. Personal Data we may collect from you

We may collect the following data from you:

3.1 Data you provide to us

You may provide us with data about yourself by using our Trade-In Program or by communicating with us by phone, email or otherwise in the context of our Trade-In Program via our business partner Apple. This includes personal data you provide to us in your offer (i.e. the Trade-In questions) as well as any personal data provided to us when sending us your offered device (“Trade-In Device”) and personal data we process when making payments to you. We may also process personal data that might be on your Trade-In Device in accordance with the Terms & Conditions of our Trade-In Program. The information you share with us may include your name, address, email address, phone number and financial and credit card information.

3.2 Data we receive from other sources.

We may obtain data about you from third-party sources, such as public databases, our business partners (such as Apple) and other third parties in accordance with section 5.2 below.

4. Use and storage of your personal data

We may use and store your personal data as follows:

4.1 Data you provide to us:

We may use and store the personal data you provide to us:

in order to fulfil our obligations arising from contracts entered into between you and us through our Trade-In Program
to provide you with the necessary information for the execution of the contract and to communicate with you
to deal with any legal disputes and to comply with legal requirements
to detect and prevent fraud and other illegal activities
to finance, restructure, sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers
for internal data analytics purposes.

Your personal data will not be used for promotional purposes.

We may disclose your personal data to:

our group companies and affiliates or third party data processers who may process data on our behalf to enable us to carry out our usual business practices. Any such disclosure will only be so that we can process your personal data for the purposes set out in this Policy;
tax, legal and other regulators or authorities, including those who request your personal data or to report any potential or actual breach of applicable law or regulation;
external professional advisers such as accountants, bankers, insurers, auditors and lawyers;
law enforcement agencies, courts or other relevant party, to the extent necessary for the establishment, exercise or defence of legal rights;
third parties where necessary for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
third parties which are considering or have decided to acquire some or all of our assets or shares, merge with us or to whom we may transfer our business (including in the event of a reorganisation, dissolution or liquidation).

4.2 Data we receive from other sources:

We may use and store the data provided by other sources (section 4.2) to verify whether a mobile device has been reported lost or stolen or to search the IMEI database and to prevent and combat fraud. In that case, we will notify you when we have collected that information. We may combine this data with data that you provide to us as detailed in section 4.1. We may use and store this data and the combined data for the purpose outlined above and/or any purpose under applicable laws (depending on the type of data we receive).

5. Legal basis for the processing of your personal data

Our legal basis for processing your personal data as described in this Policy depends on the personal data concerned and the specific context in which it is processed by us. However, as a general rule, your personal data is processed by us according to one or more of the following legal bases:

the processing is necessary for the performance of a contract to which you are party;
processing is necessary for the legitimate interests pursued by us such as:

the provision of goods and services;
the prevention of fraud;
the reorganisation or sale or refinancing of the business; and
the development of our business strategy; and/or

the processing is necessary to comply with a legal obligation

6. Transmission of data

PCS may transfer your personal data to other PCS Group companies for processing to the extent necessary for the purposes described in this Policy. In doing so, your personal data may be transferred to PCS Wireless LLC headquarters in the United States. The United States may have different data protection standards than your home country. In order to provide adequate protection for your personal information when it is transferred, we either have contractual arrangements (where necessary) with our subsidiaries, affiliates and business partners regarding such transfers or there are appropriate safeguards in place such as binding corporate rules or the approved EU model contractual clauses between us and the recipient (as per Article 46 GDPR (or English law equivalent)) or one of the derogations in Article 49 of the GDPR applies. A copy of the appropriate safeguard can be obtained by contacting us using the contact details set out below.

We take all reasonable technical and organizational measures to protect the personal data we transfer. PCS Wireless LLC will process the data exclusively in accordance with our instructions and are also bound by this Policy. You hereby consent to the transfer of your personal data for the purpose of carrying out the Trade-In Program. You can revoke this consent at any time to the Data Controller (see Contact Section 11). A revocation does not affect the lawfulness of the processing of your personal data carried out on the basis of the consent until the revocation.

7. How long will we process your personal data?

We will only store your personal data for as long as is necessary to fulfil the purposes we have collected it for, including to comply with any legal, accounting or reporting obligations.

Data provided by you within the meaning of Section 4.1 will generally not be retained for longer than the retention period of six years required by commercial and tax law.

8. Your rights

If the processing of your personal data is subject to the provisions of the Data Protection Legislation, you are entitled to all resulting rights.

Access: You have the right to request information about how we process your personal data and to obtain a copy of that personal data.

Rectification: You have the right to request the correction of inaccurate your personal data and the completion of incomplete personal data about you.

Objection: you have the right to object to the processing of your personal data. However this may affect the services you receive.

Erasure: You have the right to request (subject to certain conditions) the erasure of your personal data.

Restriction: you have the right to request that we restrict the processing of your personal data so that we no longer process it until the restriction is lifted.

Portability: you have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and to have this data transferred to other companies/organizations under certain circumstances.

Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

Some of the above rights only applicable in specific circumstances. You may find the Information Commissioner’s Office’s (ICO) website www.ico.org.uk useful in understanding when the different rights apply or your local Citizens Advice Bureau.

9. Accessing your personal data

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. All subject access requests should be made in writing and sent to the email or postal addresses shown in at the beginning of this privacy notice.

If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) fees may be charged to cover our administrative costs in responding.

We will endeavour to respond to your subject access request within 14 working days and, in any case, within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of progress.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you.

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed or erased in accordance with our record retention obligations and practices.

If we cannot provide you with access to your personal information, we will try to inform you of the reasons why, subject to any legal or regulatory restrictions.

10. Changes to our Privacy Policy

Changes we make to our Privacy Policy in the future will be posted on this page and, if appropriate, communicated to you by email. Please check back periodically for updates or changes to our Privacy Policy.

11. Contact

If you have any questions about the nature of the personal data we hold about you, or if you wish to request the erasure or rectification of personal data we hold about you, or to exercise any of your other rights as a data subject, please contact us at [email protected] or send a written request to the postal address provided above under this Privacy Policy.