TRADE-IN TERMS AND CONDITIONS

1. WHO ARE WE?

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 Google LLC and its affiliates and subsidiaries (“Google”). We are a limited company registered in England under company number 12329873 and with our registered office at Unit 2, 1 Eastern Road, Bracknell RG12 2UP, UK. Our VAT number is GB348506191. Google may provide customer service for the Trade-In Programme, but you understand the Trade-In Programme and these Terms and Conditions are between you and PCS only.

2. APPLICATION OF THESE TERMS AND CONDITIONS

These Terms are considered a contract between you and PCS and apply to the trade-in of your Trade-in Device (defined below), in consideration of the mutual promises and such other good and valuable consideration. These Terms shall govern the payment, if any, you receive for your Trade-in Device. If you do not agree to these Terms, you should not send in your device for the Trade-in Programme.

Please read these Terms carefully before offering to sell any devices to us (you may wish to print a copy for your record). If you think there is a mistake in these Terms, or there are any terms that you do not understand, then please contact us.

In offering to sell us any device, you are confirming to us that:

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; and
You are a resident in the United Kingdom; and
You are accessing our site from that country; and
You are legally capable of entering into a binding contract; and
You own the device.

3. OVERVIEW. Subject to these Terms and procedures set forth herein, you may trade-in any device listed as eligible for the Trade-in Programme on the Google Store website (referred to as “Trade-in Device”). Subject to these terms and conditions, you will receive credit from Google on our behalf in the following form:

A payment to your original form of payment used to purchase your new Google device. If the consideration for your Trade-In Device exceeds the amount you paid for your new Google device price, then the difference is given through a store credit for usage on the Google Store; This includes if you pay for your new device in installments through Klarna, Google passing the payment to Klarna to be applied in accordance with the customer terms you have agreed with Klarna; or
If you return your new Google device, a store credit for usage on the Google Store
If Google is unable to refund your original form of payment, a Store credit for use on the Google Store.

After you complete the Trade-in questions on the Google Store website (“Trade-in Questions”), you will be provided with the estimated trade-in value for your selected Trade-In Device (“Conditional Trade-In Value”). The Conditional Trade-In Value offered is subject to your strict compliance with these terms and remains subject to PCS’ inspection that we will perform after we receive your Trade-In Device. To receive the Conditional Trade-In Value as provided, you must send your Trade-In Device to PCS within thirty (30) days of receiving the new device purchased from Google (the “Trade-in Window”). You must also meet all of the requirements set out in these Terms, including the Device Eligibility Requirements in Section 4 below. You may incur additional charges or set offs against the offered Conditional Trade-In Value if you do not ship your Trade-In Device to PCS within the required time period, if your Trade-In Device fails to meet all of the Device Eligibility Requirements, or if you otherwise do not comply with these Terms.

PCS will confirm receipt of your Trade-In-Device within three (3) business days from when we receive your device. If you bought your Trade-In Device under an equipment installment plan or other financing plan or if you entered into a service contract with your network service provider, you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees. PCS is not responsible for any Trade-In Device that is leased after being shipped to PCS. You will remain responsible for all payments, penalties, fees and costs related to any leased device that is submitted to PCS.

4. HOW TO SELL US YOUR DEVICE, ELIGIBILITY REQUIREMENTS AND WHEN A CONTRACT IS FORMED

To be eligible for trade-in, your Trade-In Device must meet all of the requirements stated in this Section, as determined by PCS in its sole discretion:

You may trade in only one (1) pre-owned device per purchase of a new device from Google under this PCS Trade-In Programme;
You must accurately represent the make, model and condition of your device when completing the Trade-In Questions. PCS in its sole discretion determines which device models are eligible for trade-in (which may vary from time to time), as set out on the Google Store website;
You must accept the Conditional Trade-In Value quoted at the conclusion of the Trade-In Questions;
Your Trade-In Device must power on, hold a charge and not power off unexpectedly;
You must power off your Trade-In Device prior to sending it to PCS;
At the time of trade-in, you must be the owner of the Trade-In Device and the Trade-in Device must not be reported as lost or stolen: once we have received your device, we will check the device’s ownership on the CheckMEND database (or another similar database, at PCS’ discretion) and act in accordance with paragraph 8 below;
Before shipping your Trade-In Device to PCS, you must perform a factory reset on it and remove all personal information (as described in Section 6 below);
Your Trade-In Device must not be counterfeit.
You must remove all accessories, chargers, covers, cases, locks, SIM cards and memory cards before sending the device to PCS. Any such items sent with your Trade-In Device will not be returned and will be considered abandoned by you; and
You must post PCS your Trade-In Device in accordance with these Terms and the instructions contained with the Trade-In Kit provided after your acceptance of the Conditional Trade-In Value offered to you upon your completion of the Trade-In Questions.

By completing the Trade-In questions, you are offering to enter into a contract with us. Your Contract with us will be formed when we quote the Conditional Price and incorporate these terms.

5. ADJUSTMENTS/RETURNS/REJECTED TRADE IN DEVICES.

The final offer for your Trade-in Device (“Post Inspection Value”) remains subject to the final inspection we will perform on your Trade-In Device once we receive it. Factors that may result in an adjustment to our valuation of your Trade-In Device include, but are not limited to:

The make, model or condition of your device is different to that represented by you when completing the Trade-in Questions on the Google Store website;
We do not receive your device your Trade-in Device within the Trade-in Window set out at Section 3;
Your Trade-in Device is otherwise faulty in some regard (that may or may not be apparent on a casual visual inspection, including: screen pixel damage, screen bruising, battery swelling / damage, phone cracks, damaged backlight and activation lock is in place).

If the Post Inspection Value is at least 75% of the Estimated Trade-In Value quoted, you agree to accept the revised Post Inspection Value. PCS will only return your phone if the Post-Inspection Value is not at least 75% of the Estimated Trade-In Value.

Google will inform you via email when the Trade-In device was received by PCS. After receipt of the Trade-In Device, PCS will inspect the Trade-In Device. Google will communicate the result of this inspection to you in most cases within five (5) business days from the day the receipt of the Trade-In Device was confirmed to you, and either (i) confirm the Conditional Trade-In Value offered; (ii) let you know the revised trade-in value if different (“Post Inspection Value”) or (iii), let you know that your device is being returned to you without any payment if the Post-Inspection value is less than 75% of the Conditional Trade-in Value. If PCS confirms the Conditional Trade-In Value previously offered or if the Post Inspection Value is equal or greater than 75% of the Estimated Trade-In Value. Google will communicate this to you via email in most cases within five (5) days from the day you have been notified by email that PCS has received your Trade-in Device and then issue you the credit as set forth in section 3 above. Please note it may take several days for such credit to appear on your payment method.

If you change your mind and elect to not trade-in your Trade-In Device before shipping your Trade-In Device there is nothing for you to do.

Except as set out in these terms, Trade-In Devices cannot be returned under any circumstance once your Trade-In Device is received by PCS.

You may not include a damaged battery when trading your device. If your device exhibits a damaged battery (for example, is leaking fluid, is too hot to touch or the device casing is swollen), this is not eligible for trade-in and you should not send this device to PCS. Please note that for safety reasons we cannot return devices with damaged batteries (e.g. battery swelling) and that no value will be paid or credited for such devices.

6. REMOVING YOUR DATA AND UNLOCKING YOUR DEVICE

Before sending us your device, you must remove all personal accounts from your Trade-In Device and unpair any connected devices such as a smart watch. You must also ensure that you remove all data, including all confidential and personal data. To do so, you must reset your device to its factory settings, following the manufacturer’s instructions. Failure to strictly comply with these conditions may result in you receiving less than the quoted Conditional Trade-In Value, or no value, for your Trade-In Device.

It is your responsibility to back up any data that you wish to keep. If PCS receives a Trade-In Device that is locked and/or not cleared or wiped of Personal Information, you authorise PCS, at its sole option to either: (i) return the device without removing the data or (ii) remove and destroy any SIM card or memory card left in the Trade-In Device and perform a factory reset and data wipe on the said device. Under no circumstances will PCS or Google be responsible or liable for any direct or indirect loss or damage or loss of use of any Personal Information remaining in the Trade-In Device which you failed to remove, or which arises as a result of PCS destroying or removing the Personal Information. Likewise, we do not accept any liability in relation to data that has not been removed from your device when it is sent to us, and we will not be responsible for removing any such data from the device and shall not be liable if any such data remains on the device when the device is transferred to a third party.

7. SENDING US YOUR DEVICE

We will provide you with a trade in kit and instructions of where to send your device. You must send us your device in accordance with the instructions, and we must receive it within the Trade-in Window set out at Section 3. Trade-In Devices received outside of the Trade-in Window may result in an adjustment to our valuation of your Trade-in Device.

It is your responsibility to ensure your device is securely packaged, and we accept no liability if your device is lost or damaged during shipping. If your Trade-In Device is damaged in transit you may receive less than the quoted Conditional Trade-In Value, or no value, for your Trade-in Device. You must strictly follow the instructions provided by both PCS and Google. If you lose or discard the Trade-In Kit, please contact us to have the kit resent to you.

8. RISK IN AND OWNERSHIP OF THE DEVICE

Risk to your device will transfer to us once we receive your device at the address specified in the shipping instructions provided to you in accordance with paragraph 7 of these Terms. Notwithstanding, we will not be liable or responsible for any risk related to You sending us a device that has any battery damage including but not limited to as described in Section 5 of this Agreement.

In sending us your device, you confirm that you own all rights, title and interest in your Trade-In Device and you agree to transfer the same to PCS. Title to your Trade in Device shall transfer to us upon inspection of your Trade-In Device by PCS except for those devices that are ineligible for Trade-In. Upon transfer of title to us, you disclaim any and all right, title or interest in and to the Trade-In Device, including the right to sell, dispose, or otherwise collect, where applicable, its value. No trade in value is offered on anything other than your Trade-In Device itself.

Attempting to sell us a device you do not own could amount to a criminal offence.

When we receive your device, we will check its IMEI/Serial number on the CheckMEND database. CheckMEND is a database of lost and stolen property, and is a sister service of the Police’s National Mobile Property Register. We reserve the right to substitute CheckMEND with another similar database.

You acknowledge that as part of our licensing obligation, your personal information along with the 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 your device is found to have a ‘red flag’ against it, indicating that it has been lost or stolen, we will notify you by email. You will then have 28 days to contact CheckMEND to prove that you are the rightful owner of the device, and have the ‘red flag’ removed from your device’s CheckMEND record (the “Quarantine Period”)

If during the Quarantine Period the ‘red flag’ against your device is removed from the CheckMEND database, then your device will be continue to be dealt with in accordance with these Terms.

However, if the ‘red flag’ is not removed by the end of the Quarantine Period, we are prohibited by law from returning the device to you, and we may pass the device to the Police or other relevant law enforcement agency. You will not receive any payment in such circumstances, and we accept no liability for any loss you suffer.

9. MISCELLANEOUS ADDITIONAL TERMS

• The Trade-In Programme is offered and administered by PCS.

• 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.

• 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.

• Neither the PCS Trade-In Programme eligibility nor the Conditional Trade-In Value nor Post Inspection Value offered by PCS are transferrable to any other person or entity.

10. EVENTS OUTSIDE OUR CONTROL

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, 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.

11. LIMITATION OF LIABILITY

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. However, you additionally agree that PCS’ total liability to You will not exceed the Conditional Trade-in Value or Post Inspection Value, as may be applicable.

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.

12. ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome.

13. OTHER IMPORTANT TERMS

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.
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, 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.

14. YOUR RIGHTS AS A CONSUMER

As a consumer, you have certain legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau. Nothing in these Terms will affect these legal rights.

15. OUR RIGHT TO MAKE CHANGES

We may update or amend these Terms to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities. All such changes will be forward-looking only and won't affect any set of Terms that has already been accepted by the owner of a Trade-in Device so as to form a contract between us and that owner in relation to that Trade-in Device. These Terms were last updated on [August 20, 2021].

PRIVACY POLICY PCS

PCS Wireless UK Limited registered in England and Wales under company number 12329873 and with our registered office at Unit 2, 1 Eastern Road, Bracknell RG12 2UP, UK. (“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 via the Google 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 Google. 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 Google) 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:
1. the provision of goods and services;
2. the prevention of fraud;
3. the reorganisation or sale or refinancing of the business; and
4. 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 PrivacyPolicy-UK@pcsww.com or send a written request to the postal address provided above under this Privacy Policy.