GRADE MOBILE

TERMS AND CONDITIONS

SECTION 1: GENERAL TERMS AND CONDITIONS (applicable to all products / services)

This “general” section applies to all customers regardless of the product or service they have chosen.

1.1. Company Information

Grade Mobile is the trading name for OG Exclusives London Limited, a FCA regulated company registered in England and Wales. Company number 08955418. Our registered office address is Crossways, School Road, Charing, Ashford, Kent, TN27 0JN, United Kingdom and our contact address is Grade Mobile PO Box 807 Folkestone, Kent CT20 9NG. Any reference to “Grade Mobile” in these Terms and Conditions also refers to OG Exclusives London Limited.

1.2. Our Terms and Conditions

You agree to our Terms & Conditions when you purchase, request or take out one of our products or services. You will need to refer to the specific section, as outlined below, to see which terms apply to you based on the product you have selected:

1. Device Subscriptions - see section 2
2. SIM Purchases – see section 3
3. Refurbished Device Sales – see section 4
4. Buyback – see section 5

For example, if you have taken a Device Subscription with us, you will only need to refer to section 2 and this “general” section for the terms of your agreement. All other sections will not apply and will not form part of your contractual agreement with us. Note that if you have selected a bundle package (such as a Device Subscription and SIM), then both sections 2 and 3 will apply to you, as well as this “general” section.

1.3. Contact us

The fastest way to contact us is through contact@grademobile.co.uk, or through the Help Centre on the Grade Mobile website: Grade Mobile Help Centre - GRADE MOBILE Help & Support Centre

You can also post us a letter at Grade Mobile’s address (PO Box 807 Folkestone, Kent CT20 9NG).

We’ll contact you through by email or telephone.

If you have a Device subscription (Consumer-Hire) with us, you will have been provided our dedicated subscription contact phone number in your contract. You can also find the number under the “Contact Us” section at the bottom of the bottom  of our website once you have logged in with your subscriber details: (iPhones, Android, iPads, Tablets, Watches - SIM-Freedom, Unlimited Warranty | GRADE MOBILE LEASING)  

1.4. Payment Methods

We accept payment with the credit and debit cards that are listed on our website. We also offer credit arrangements with third-party credit providers.

1.5. Complaints

All complaints will be dealt with in accordance with our Complaints Policy. You can request a copy of this policy from our Customer Service team (see contact details under paragraph 1.3). If you are dissatisfied with our services or products, you can raise a complaint by:

• e-mailing us at contact@grademobile.co.uk
• submitting a complaint via our Help Centre: Grade Mobile Help Centre - GRADE MOBILE Help & Support Centre
• calling us (for subscription customers only; please see paragraph 1.3. on how to locate the subscr iber phone number to call)
• sending a letter to our Customer Service team at GRADE MOBILE, PO Box 807, Folkestone, CT20 9NG.

For Device Subscriptions (Consumer-Hire) and customers who have used one of our credit providers, we will aim to resolve all complaints within three business days. You will receive an acknowledgment e-mail upon our receipt of your complaint, and a summary resolution letter when your complaint has been resolved. Where it is not possible to close your complaint within the three days, we will:

• investigate your complaint and then send you a final response letter within an 8-week period. This will confirm our decision on your complaint, what we propose to do to put things right, and information about your right to complain to the Financial Ombudsman Service (FOS) if we do not satisfactorily resolve your complaint.

If you have a complaint which we’ve not been able to resolve within this 8-week period, and your complaint is of a financial nature, then you have the right to escalate the complaint to the Financial Ombudsman Service (“FOS”). The FOS will not accept a regulated complaint until the full eight weeks has lapsed, and you must raise your complaint within six months of our final response. For all complaints in relation to SIM-ONLY, Device Sales, or Buyback, the Company will endeavour to respond to and close all complaints within three business days. If the complaint is more complicated and is taking longer to resolve, the Company will endeavour to close within 8 weeks.

1.6. Personal information

Grade Mobile takes protecting your personal information seriously. We will only use your personal information in accordance with UK Data Protection Law and GDPR. Our privacy policy is available here.

1.7. Acceptable Use Policy

Our full Acceptable Use Policy is appended to the end of these terms and conditions.

1.8. Your Statutory Rights

Your statutory rights as a consumer are unaffected by our terms and conditions. You can out more about these rights here.

1.9. Changes to our terms

We reserve the right to alter our standard terms of sale, our prices and any other part of our site at any time. Any alterations will be posted to our site. This right is without prejudice to the application of the terms of sale and prices operative at the time you place your order.

1.10. Miscellaneous Devices

We sometimes receive miscellaneous devices. We deem a device miscellaneous when at least 6 months have passed without the device being claimed. Miscellaneous devices originate from: a device we receive, that has no details contained in the package or sent along with the device, that allow us to reasonably match the device to an individual, order, or customer. These devices are held in quarantine for 6 months. During this period, we hope the owner or sender of the device will get in touch with our customer service team at contact@grademobile.co.uk to claim their device. Proof of purchase and the IMEI ID will be a minimum requirement to verify ownership. If a device is left unclaimed for over 6 months, we will recycle the device. We cannot hold unknown devices indefinitely, as this poses security risks.

If an order is returned to us with insufficient information to complete your request, our Customer Support Team will attempt to contact you via the platform you have purchased the device from, or via the email address we have on file for you. We will attempt to contact you regularly, but if a response is not received within 6 months, and the device is unclaimed for this minimum length of time, we reserve the right to recycle the device.

1.11. Failed Deliveries

If an order cannot be delivered by the courier for any reason and is returned to us (the sender), our Customer Support Team will attempt to contact you via the platform you have purchased the device from, or via the email address we have on file for you. If a response is not received within 14 days, and the device is unclaimed for this minimum length of time, we reserve the right to process a full refund of the order and cancel your agreement with us.

1.12. Business Agreements

We exclude from this agreement all implied terms that may be inferred from any content contained on our website or any other online platforms under the control of Grade Mobile. We will not be held liable for any loss of profits, business, revenue, business interruption, loss of savings, or reputation, or any indirect damages to the business.

1.13. Zero Tolerance

Any behaviour verbal or physical, which causes Grade Mobile staff to feel uncomfortable, embarrassed or threatened, is totally unacceptable; we have a Zero Tolerance against such behaviour, which includes aggression, swear words, threatening language, derogatory remarks, or threats made in person, over the telephone or in written communication. Grade Mobile reserves the right to terminate and cease communications with any person who breaches this Zero Tolerance policy.

SECTION 2: DEVICE SUBSCRIPTIONS / CONSUMER-HIRE - TERMS AND CONDITIONS

This section only applies to customers who have selected our Device Subscription (Consumer-Hire) products. If you have selected any other product, this section will not apply to you and will not form part of your contract with us. Please refer to the correct section for your terms.

2.1. Why you Should Read These Terms

You should read these terms carefully as they form part of your Consumer-Hire contractual agreement with us.

2.2. What is a Device Subscription (Consumer-Hire) Agreement?

A Device Subscription (Consumer-Hire) agreement is where you agree to hire a device from us for a minimum set period, typically for 12, 24, or 36 months. You do not own the device at any point of this agreement as it remains the property of Grade Mobile. You will need to pay us monthly for the hire of our device. You will be required to return the device to us at the end of your contractual term.

2.3. Your Payment to Us

You agree to hire the product and make scheduled payments to us for the full length of your agreement and continued for as long as you hold possession of the device. The length of your agreement, and the cost per month, will be detailed in your contract. You will be able to choose the repayment date. Payments will automatically be taken each month from your nominated payment method on the date you have chosen. Where we are unable to take payment, we will try one reattempt within a reasonable time, typically three days later.

If you have selected a “bundle” product, meaning a device and SIM card, we plan to take both of your payments for each of these products will be taken on the same day.

2.4. Missed Payments

If we are unable to take payment on the agreed date, we will attempt to collect payment again three days later. If the second attempt fails, a £12 late payment fee will be applied. If the account remains unpaid and is referred to a debt collection agency, an additional £40 referral fee will be applied. These fees help to cover our costs in recovering your unpaid balance.

2.5. Forbearance

Grade Mobile will provide support for customers who are experiencing financial or other difficulty which may impact their ability to keep up with their monthly payments. If you are struggling to keep up with your payments, we will be able to offer you support in accordance with our forbearance procedures.

2.6. Support for Vulnerable Customers

Our Customer Service teams will support vulnerable customers throughout the customer journey. This involves flexible and tailored communication methods, such as phone, e-mail. We offer tailored support for customer who may not be able to communicate on the phone, such as using UK Relay for phone calls, or using alternative means of communication such as e-mail. We also try and make our customer contract and terms & conditions simple and jargon-free.

2.7. Rejection of Your Order

We may contact you to say that we do not accept your order. This is typically for the following reasons:

1. the goods are unavailable;
2. we cannot authorise your payment;
3. where you purchase using finance provided by a third party lender, such lender declines to provide finance; or
4. there has been a mistake on the pricing or description of the goods.

2.8. Delivery of the Device

Your device will be delivered to you free of charge by Royal Mail. It will typically take 48 hours to arrive at your door. In some cases, it may take up to 7 calendar days for your device to be delivered. Your confirmation e-mail will tell you the expected delivery date.

If we are unable to delivery your device within 14 days of the expected delivery date (as set out in your confirmation e-mail), we will let you know in advance. You can then either wait for the delivery or cancel your order and receive a full refund.

Once you have been handed the device, it becomes your responsibility to ensure the device is not damaged, lost, or stolen. Please make sure you read your contract to understand your responsibilities and obligations.

2.9. Delivery Disputes

In the case of a postal dispute, where the device we sent you has been recorded as delivered but you have not received the device, Grade Mobile reserves the right to conduct an investigation as to the location of the device. You may be responsible for the full contractual amount plus a return fee if it is discovered, following an investigation by Grade Mobile, that the device had been delivered to the correct address. If the investigation shows that the device was not delivered to the correct address, you will be refunded in full for your deposit and any payments you have made towards your agreement. If the device is confirmed as lost or not received by the courier, Grade Mobile will provide you with a full refund.

2.10. 30 Day Right to Return

Under the Consumer Credit Act 1974, you have a legal right to cancel this agreement within 14 days of signing your contract. However, we have extended this to 30 days. If you cancel within 30 days, you must return the product in the same condition as you received it in. You may be liable for any damage or wear.

You can confirm that you wish to return the product by contacting us via phone, e-mail, or letter. We may require you to provide your confirmation e-mail as proof of purchase of the product.

Once we have received your device, you will be refunded your deposit and any payments you have made towards your agreement. This will typically be within 14 days of receipt of the returned device. Payment will be made to the same payment method used on the order. We reserve the right to withhold any refunds until we receive the device back.

If you have ordered a new device, you must not break the seal. By breaking the seal you will be liable for the fee stipulated in your contract for the broken seal.

If you are unsure about your return rights, please contact us before returning your device

2.11. Early Termination (after 30 days)

If you decide you wish to terminate your agreement after the 30-day right to return period has passed, you will need to have an agreement with Grade Mobile to do so. Grade Mobile reserves the right to reject any early termination requests after the 30 days right to return has passed. If your request is rejected, you will need to continue to make your monthly repayments for the full duration of the contract.

Where Grade Mobile agrees to terminate your contract early (typically reserved for customer’s experiencing financial or some other difficulty), yo u will not be required to make any further monthly payments under your contract. You will be required to return the device to Grade Mobile. Grade Mobile may charge you for the device if the device has been damaged or it is in a poor condition. If you do not return the device, you will be charged the non-return fee stipulated in your contract.

2.12. How to Return Your Device

If your wish to return the device to Grade Mobile for any reason (30 day right to return, early termination, repair, replacement, upgrade, or end of contract), you can request a pre-paid envelope from us for the return. This will ensure your return is free of charge. Alternatively, you can visit https://www.royalmail.com/track-my-return/create/3507 to generate and print a free returns label. Your device will need to be returned within 14 days of us confirming your request; this will typically be an e-mail confirmation from our Customer Service department.

Grade Mobile may charge you if the device has been damaged or it is in a poor condition (outside of any normal wear and tear or battery health decline). These costs will be detailed in your contract.

The device will be your responsibility until it has been received at Grade Mobile. We therefore strongly recommend that you use our prepaid envelopes for posting the device back to us, as this will ensure a tracked delivery by Royal Mail. If your device is lost in transit, the standard Royal Mail 48-hour service will provide coverage of £150 for your device, whilst the special delivery will provide coverage of £750. It is your responsibility to ensure you select the appropriate level of coverage for your device, as we accept no responsibility for devices that were lost in transit.

If you are exercising your 30-day right to return and the device is lost in transit, you will be charged a non-return fee which is stated in your contract. Your contract will still be cancelled.

If you are returning your device at the end of your contract and the device is lost in transit, you will be charged a non-return fee for the device. Your contract will still end so you will not be required to make any further monthly repayments.

You may be charged a non-return fee and still be liable for the minimum rental duration of the contract, if the lost device is being sent to us for any other reason than a 30-day right to return or end of contract.

2.13. Returning a Device: Data Wiping Requirements

It is essential that you remove all personal data from the device before sending it back to us, this includes:

• your passcode / pin lock / other enabled security;
• your Face ID;
• your iCloud account;
• your sim card; and
• your personal data.

Failure to remove data or log out of any personal accounts may result in us:

• contacting you to remove this information from the device
• sending the device back to you so you can remove this data or personal accounts.

For returns, if after 14 days of receiving your device, it has not been possible to remove all personal data and/or accounts, you will be charged a Grade E repair fee for the device. The cost of this repair is stated in your contract.

For upgrades, you will not be eligible for an upgrade until the device has been data-wiped and all accounts removed.

2.14. Changes to Your Order

If you wish to change your order, we advise that this is communicated to us within the first 30 days of your agreement. We will then be able to cancel your contract and re-issue another agreement with more suitable terms. Grade Mobile reserves the right to reject any changes to your order beyond the 30 days right to return.

2.15. Device Warranty: Repair or Replacement

Your device will be covered by a warranty for the full duration of your contract (and beyond if you enter into a rolling contract with us at the end of your contractual term). Your warranty will only apply where the device has suffered from manufacturing defects, battery faults, or software issues. It will not apply where the device has suffered accidental damage, general wear and tear, water damage, or where you neglected or have misused the product outside of its intended purpose. Your warranty will also be voided if you have repaired the device using a third-party without first seeking approval from Grade Mobile.

If you wish to claim on your warranty, you will need to be up to date with your payments under the agreement. You will need to return your device to Grade Mobile and we will assess the condition of the device and whether you are covered under warranty. If you are covered, then the following options will be available:

• You can ask that we repair your device; or
• You can ask for a replacement device.

For battery faults, you will not be able to claim a replacement device, but we will instead repair your device by replacing the battery.

If you are eligible for a replacement device, Grade Mobile will ensure that you are provided with the same make, model, condition, and storage size as your original device. We cannot guarantee it will be the same colour. Your replacement device will be a refurbished device of the same condition or better than your original device you have returned to us. The device will be fully functional without any component, battery, or software issues. Grade Mobile does not accept any responsibility for the loss of data, so please ensure to back-up your data prior to sending us your device.

2.16. Insurance for Device

Our insurance provider is Bastion Insurance Limited (“Bastion”). You will be able to select insurance for your product during the check-out stages and will be directed to their own website for the transaction. Please refer to your insurance document for details of your cover level and specific terms. You can claim on your insurance to get your device replaced or repaired. Your replaced or repaired device will still be covered under warranty.

2.17. End of Your Contract: Options Available

At the end of your contractual term, you will be given several options on the next steps. You can cancel your agreement and return the device to us, continue on a rolling contract whilst keeping your current device, enter a different agreement, or receive an upgrade by entering into a different agreement. We will contact you before the end of your agreement to see which option you would like to choose and guide you through the process.

If you have decided to end your agreement with us, we require the device to be returned to us within 2 weeks from the end date of your contract. Failure to return the device within this time period will mean you will be placed on a rolling contract until the device is returned. In any case, if you do not return the device at the end, you will be automatically placed on a rolling contract. The rolling contract will be a continuation of your agreement, meaning that you will be required to continue to make the same monthly payments. Once the device has been returned, we will cancel your agreement. You may be liable for further payment as per the repair schedule if you return the device damaged. You cannot return an alternative device.

2.18. Disruptions to our Service

Any disruptions to your mobile service (or to the delivery of your device) by an uncontrolled event will be resolved as soon as practicably possible. We’ll contact you to try and minimise the interruption to ensure that you can resume your phone use again within a short period. If this interruption is prolonged, you may be to cancel your Grade Mobile Plan. You have legal rights where our service has not been delivered as described.

We may sometimes need to suspend our services to resolve technical problems or to implement important changes to comply with the law. If this is the case, we will contact you in advance to inform you of the suspension. In the case of an emergency disruption, we will inform you as soon as practicable. If we suspend our service for more than a few days, we will provide you with a refund for the days you were unable to use your Grade Mobile plan.

When our network is experiencing high demand or particularly high traffic, it may be the case that we need to decrease the speed of your mobile service. It could also mean that we may need to suspend or terminate your mobile service if we believe that the use of your network service is adversely affecting the network or other users.

2.19. Our Guarantees

All of our devices will have a battery health percentage of above 80%.

We will ensure that you receive a device that matches the condition or “Grade” you have selected on our website. For example, if you ordered a “Refurbished” device, you will receive a “Refurbished” device and not one of lesser quality or condition.

The delivery of your device is free of charge and will be delivered to your door within 7 calendar days. Should it take longer than 7 days to arrive, you may cancel your agreement with us.

2.20. Acceptable Use

Where Grade Mobile reasonably suspects a customer is using their Grade Mobile service in an illegal or unreputable manner, we reserve the right to cancel your contract immediately. This also includes any other actions which may cause harm, disrupt, violate, or infringe upon the rights of our customers, and any actions which cause harm our network or our customers. Our full Acceptable Use Policy is appended to the end of these Terms and Conditions. If we cancel your contract you will be liable for the duration of the minimum terms’ payments amount, plus non-return fees of the device.

2.21. Other Important Terms

We may transfer our rights and obligations under these terms to another organisation. You may transfer your rights only with our written consent.

SECTION 3: SIM PURCHASES - TERMS AND CONDITIONS

This section only applies to customers who have selected our SIM products. If you have selected any other product, this section will not apply to you and will not form part of your contract with us. Pl ease refer to the correct section for your terms.

3.1. Your Payment to Us

You agree to make scheduled payments to us for the full length of your selected SIM package. This will typically be 12, 24, or 36 months, but we also offer a rolling 30-day SIM and other terms. Payments will automatically be taken each month from your nominated bank account. Where we are unable to take payment, we will try one reattempt at the payment in approximately three days later.

If you have selected a “bundle” product, meaning a device and SIM card, both of your payments for each of these products will likely be taken on the same day.

3.2. Missed Payments

Timely payment is essential to ensure that you continue to receive our SIM services. We will contact you once you have missed one payment towards your agreement. Should you miss two monthly payments towards your SIM agreement, Grade Mobile will deactivate the network services provided by your SIM. You will still be charged whilst your SIM has been deactivated for your agreed contractual payments. You will regain access to your network services promptly (within 24 hours) once payment has been made to bring your account up to date.

Support will be available for vulnerable customers or those experiencing financial difficulties which is making their monthly payments difficult. We recommend that you contact us as soon as possible to highlight your circumstances so we can determine the best support measures to get your account back on track. Options available include the cancellation of your SIM package, token payments, or a payment plan.

3.3. Delivery of the SIM

Your device will be delivered to you free of charge and typically will take 48 hours to arrive at your door. In some cases, it may take up to 7 calendar days for your device to be delivered.

3.4. Activating your Grade Mobile Plan

To activate your SIM and start using your Grade Mobile Plan, you first need to set up a payment method. You can add or manage your payments methods through the Grade Mobile website: subscriptions.grademobile.co.uk/customer/payment-methods. The price for your Grade Mobile Plan will be shown during the activation process.

3.5. 30 Day Right to Return

Under the Consumer Credit Act 1974, you have a legal right to cancel this agreement within 14 days of receiving your confirmation e-mail. However, we have extended this to 30 days. You will be billed for ANY network usage regardless of your cancellation.

3.6. Early Termination (after 30 days)

If you decide you wish to terminate your agreement after the 30-day right to return period has passed, you will need to have agreement from Grade Mobile to do so. Grade Mobile reserves the right to reject any early termination requests after the 30 days right to return has passed. If your request is rejected, you will need to continue to make your monthly repayments for the full duration of the contract.

Where Grade Mobile agrees to terminate your contract early (typically reserved for customer’s experiencing financial or some other difficulty), you will not be required to make any further monthly payments under your contract.

If you are on a rolling SIM, you may cancel your contract with us at any time. Your SIM will be cancelled at the end of your current monthly billing cycle. You will be charged for any usage until the end of your contract.

3.7. Roaming Charges

You can find our roaming charges for EU and Non-EU countries here.

3.8. Changes to Your Order

If you wish to change your order, we advise that this is communicated to us within the first 30 days of your agreement. Grade Mobile reserves the right to reject any changes to your order beyond the 30-days.

3.9. Bolt-Ons

You can buy extra bolt-ons through your SIM portal found at subscription.grademobile.co.uk/my-mobile/dashboard. Any additional fees or bolt-ons will be shown in your portal and will be added to your monthly bill. Please note that additional terms might apply to bolt-ons; these will be shown in the portal before you buy the bolt-on.

3.10. 5G at Grade Mobile

All our plans now come with 5G at no extra cost. To Use 5G, your handset needs to be 5G-Enabled and you need to be in an area with 5G coverage. 5G availability is subject to handset model and location. Supported on Android and iOS devices running the latest software. You can use our coverage checker here subscription.grademobile.co.uk/our-sim-coverage.

3.11. Additional Fees

We charge additional fees for any usage outside of your Grade Mobile Plan (for example, international calls). You can find these additional fees here my.grademobile.co.uk/fees.

3.12. Disruptions to our Service

Any disruptions to your mobile service (or to the delivery of your device) by an uncontrolled event will be resolved as soon as practicably possible. We’ll contact you to try and minimise the interruption to ensure that you can resume your phone use again within a short period. If this interruption is prolonged, you may be to cancel your Grade Mobile Plan. You have legal rights where our service has not been delivered as described.

We may sometimes need to suspend our services to resolve technical problems or to implement important changes to comply with the law. If this is the case, we will contact you in advance to inform you of the suspension. In the case of an emergency disruption, we will inform you as soon as practicable. If we suspend our service for more than a few days, we will provide you with a refund for the days you were unable to use your Grade Mobile plan.

When our network is experiencing high demand or particularly high traffic, it may be the case that we need to decrease the speed of your mobile service. It could also mean that we may need to suspend or terminate your mobile service if we believe that the use of your network service is adversely affecting the network or other users.

3.13. Emergency Calls

Please be aware that using your internet connection for emergency calls (for example, through WhatsApp or Skype) may mean that the emergency services will not be find your location. The normal voice phone service should be used for emergency calls.

3.14 End of Contract: Options Available

At the end of your contract, you will have several options available to you. You can cancel your SIM agreement with us, enter a rolling contract under the same terms of your original agreement, or select a different SIM package with us. We will contact you before the end of your contract to advise on the options and guide your through the process.

You can also cancel your contract at the end of its period via the Grade Mobile Portal, or by contacting us by phone, text, or e-mail. We require 30 day’s notice to cancel. If you do not cancel your contract, you will be put onto a rolling contract on the same terms as your initial agreement. We will keep you on this rolling contract until we receive notification that you wish to cancel or upgrade with us.

3.15. Acceptable Use

Where Grade Mobile reasonably suspects a customer is using their Grade Mobile service in an illegal or unreputable manner, we reserve the right to cancel your plan immediately. This also includes any other actions which may cause harm, disrupt, violate, or infringe upon the rights of our customers, and any actions which cause harm our network or our customers. Our full Acceptable Use Policy is appended to the end of these Terms and Conditions.

3.16. Police Requests

We are obligated under the Investigatory Powers Act 2016 to provide customer information if requested by the UK Police. This means that your customer information will be shared with and immediately available to our MNO (mobile Network Operator ) who deals with police requests on our behalf. Grade Mobile will ensure to comply with any information requests within the required timeframe and only through the channels specifically created for MVNO police disclosures.

3.17. Blacklisting

Should you lose or have your device stolen whilst using one of our sims, we can blacklist the device within 1 working day. In order to use this service, you must supply the IMEI of the device and proof of ownership.

3.18. Annual Price Increases

Each year in April we may increase your monthly bill in line with the UK Consumer Price Index (CPI) plus 3.9%. This will cover inflation and the increasing cost of providing our services.

SECTION 4: REFURBISHED DEVICE PURCHASES - TERMS AND CONDITIONS

This section only applies to customers who have selected purchased a device from us. If you have a subscription contract, you have not purchased a device. If you have selected any other product, this section will not apply to you and will not form part of your contract with us. Please refer to the correct section for your terms.

4.1. Why you Should Read These Terms

You should read these terms carefully as they form your contractual agreement with us when you purchase a refurbished device from us. Where you purchase using finance, the third-party lender's terms and conditions will also apply.

For businesses transactions, we have separate business terms and conditions that apply. You can request these terms and conditions by contacting us.

4.2. Ordering From Our Website

When you place an order on our website you agree to these terms and conditions, thereby creating contract between us. This contract is only formed at the end of your checkout journey, once we have accepted your order and provided a confirmation e-mail.

4.3. Rejection of Order

We may contact you to say that we do not accept your order. This is typically for the following reasons:

• the goods are unavailable;
• we cannot authorise your payment;
• where you purchase using finance provided by a third party lender, such lender declines to provide finance; or
• there has been a mistake on the pricing or description of the goods.

We will only accept your order when we email you to confirm this via a confirmation email. At this point

• you will be bound by these terms and conditions (i.e. a legally binding contract will be in place between you and us); and
• we will dispatch the goods to you.

4.4. 30 Day Right to Return

You can return your product to us and cancel your agreement, free of charge, within 30 days of receiving your confirmation e-mail. You can confirm that you wish to return the product by contacting us via phone, e-mail, or letter. We may require you to provide your confirmation e-mail as proof of purchase of the product.

Once we have received your device, we will check the device for out of warranty claims, and account locks, if all is well you will be refunded.. This will typically be within 3 days of receipt of the returned device. Payment will be made to the same payment method which you used to purchase the device from. We reserve the right to withhold any refunds until we receive the device back.

If the returned device shows signs of use or damage beyond what is expected for you holding the device for less than 30 days (such as scratches, damage, or missing accessories), we may deduct a reasonable amount from your refund to cover the reduced value. It is important that you contact us within 48 hours of receipt of the device if it is damaged or non-functional.

If you are unsure about your return rights, please contact us before returning your device.

4.5. How to Return a Device

If you have decided to cancel, you will need to send us your device within 14 days of receiving confirmation from us that we have received your cancellation request. You can receive a prepaid return label by:

• Generating and printing a Royal Mail shipping label by following the link here - https://www.royalmail.com/track-my-return/create/3507.
• Generating a QR code for your package via the same link.
• Contacting our customer support team will email you with instructions to generate a prepaid return label.

Grade Mobile may charge you if the device has been damaged or it is in a poor condition (outside of any normal wear and tear or battery health decline). These costs will be detailed in your contract.

The device will be your responsibility until it has been received at Grade Mobile. We therefore strongly recommend that you use our prepaid envelopes for posting the device back to us, as this will ensure a tracked delivery by Royal Mail. If your device is lost in transit, the standard Royal Mail 48-hour service will provide coverage of £150 for your device, whilst the special delivery will provide coverage of £750. It is your responsibility to ensure you select the appropriate level of coverage for your device, as we accept no responsibility for devices that were lost in transit, and you will not receive a refund if we do not receive the device back.

4.6. Returning a Device: Data Wiping Requirements

It is essential that you remove all personal data from the device before sending it back to us, this includes:

• your passcode / pin lock / other enabled security;
• your Face ID;
• your iCloud account;
• your sim card; and
• your personal data.

Failure to remove data or log out of any personal accounts may result in us:

• contacting you to remove this information from the device
• sending the device back to you so you can remove this data or personal accounts.

If after 14 days of receiving your device, it has not been possible to remove all personal data and accounts, you will be charged a repair fee for the device. Your refund will be the price you paid us for the device minus the repair fee.

4.7. Delivery of the Device

Your device will be delivered to you free of charge by our courier. We aim to meet the delivery time chosen on our website, but they may be missed from time to time.

If we are unable to delivery your device within 14 days of the expected delivery date (as set out in your confirmation e-mail), we will let you know in advance. You can then either wait for the delivery or cancel your order and receive a full refund.

Once the device shows as delivered by our courier, it becomes your responsibility.

4.8. Delivery Disputes

In the case of a postal dispute, where the device has been recorded as delivered but you have not received the device, Grade Mobile reserves the right to conduct a full investigation as to the location of the device. The customer may be responsible for the full cost of the device if it is discovered, following an investigation, that the device had been delivered to the correct address. If the investigation shows that the device was not delivered to the correct address, you will be refunded in full for their order. If the device is confirmed as lost or not received by Royal Mail, Grade Mobile will refund your order. For security purposes, we can only send your replacement device to the original address entered on your order.

4.9. Damaged or Missing Devices

Where we deliver a device that is cracked, bent or damaged on receipt, or where the device was missing from the package, please contact us within 48 hours of receipt so that we can raise an investigation with the delivery courier. We may need you to provide a sworn statement to help us in the claim against the delivery courier. For security purposes, we can only send your replacement device to the original address entered on your order.

4.10. Purchasing on Finance

We permit the use of the PayPal as a credit provider on our website. Using PayPal as a credit provider will mean that you are bound to a separate contract and terms & conditions for this credit agreement.

4.11. Part Exchange

You may choose to pay for part of your purchase of the goods by part exchanging your current device, also known as “ buyback trade-in” If you choose this option, you will need to tell us about the device as part of your check-out journey, this will include its make, model, and overall condition. You will then be provided with a estimated valuation of your device on our website. Once we have received your device, it will be bound by the same terms and conditions as recycling orders

The estimated price during checkout will be deducted from the cost of your purchase.

Once you have completed payment, you will be sent a confirmation e-mail with instructions for sending us your part-exchange device. You must send us the device within 14 days of receiving this e-mail. If we do not receive it within 14 days, we will:

• Charge you for the amount that was deducted from your purchase (i.e. the original valuation of the device)

It is strongly recommended that you get insurance for the postage of the device as Grade Mobile will not reimburse your or pay you for any devices lost in transit.

All personal data, including any iCloud accounts, must be removed from the device before it is sent to us. Failure to do this will mean we cannot accept the device and you will be charged the original valuation.

Disagreement in Device Condition / Valuation

If we receive your device and, after an inspection from our technicians, it is shown to be in worse condition that originally stated, we will:

• Reassess the value of the device based on its condition and provide a second valuation

You will then have the choice of:

• Accepting the lower valuation and paying the difference between the original and lower valuation; or
• Pay the full price of the new device and have your trade-in device returned to you. Your device will be returned within 7 calendar days; or
• Cancel the order. We will send you a prepaid envelope for the return of your purchased device. Your order will remain active until the device has been returned. Failure to return within 7 days will mean that the order remains active and is not cancelled; you will therefore keep the device and receive no refunds. We may also charge you for the any outstanding costs associated with your part-exchange device (for example, if this was returned to you after the second valuation, or the difference in price between the first and second valuations).

4.12. Device Warranty: Repair or Replacement

Your device will be covered by a warranty for a full 12 months from the date of your confirmation e-mail. Your warranty will only apply where the device has suffered from manufacturing defects, battery faults, or software issues. It will not apply where the device has suffered accidental damage, general wear and tear, water damage, or where you have misused or neglected the product outside of its intended purpose. Your warranty does not cover changes in manufacturer policy that may affect the performance or functionality of the goods, including (but not limited to) policy or software updates. Your warranty will also be voided if you have repaired the device using a third-party without first seeking approval from Grade Mobile.

If you wish to claim on your warranty, you will need to return your device to Grade Mobile and we will assess the condition of the device and whether you are covered under warranty. If you are covered, then the following options will be available:

• You can ask that we repair your device; or
• You can ask for a replacement device.
• Refunds are only available within the first 30 days, or if we have provided 2 failed repairs/replacements as per the consumer rights act.

For battery health issues, you will not be able to claim a replacement device, but we will instead repair your device by replacing the battery.

If you are eligible for a replacement device, Grade Mobile will ensure that you are provided with the same make, model, and storage size as your original device. We cannot gurantee it will be the same colour. Your replacement device will be a refurbished device of the same condition or better than your original device you have returned to us. The device will be fully functional without any component, battery, or software issues. Grade Mobile does not accept any responsibility for the loss of data, so please ensure to back-up your data prior to sending us your device. The new device will be under warranty for the remainder of your 12-month warranty.

4.13. Insurance for Device

Our insurance provider is Bastion Insurance Limited (“Bastion”). You will be able to select insurance for your product during the check-out stages and will be directed to their own website for the transaction. Please see insurer for full details. If you claim on your insurance to get your device replaced or repaired. Your replaced or repaired device will still be covered under warranty.

4.14. Our Guarantees

All of our devices will have a battery health percentage of above 80%.

We will ensure that you receive a device that matches the condition or “Grade” you have selected on our website. For example, if you ordered a “Grade B” device, you will receive a “Grade B” device and not one of lesser quality or condition.

The delivery of your device is free of charge and will be delivered to your door within 7 calendar days. Should it take longer than 7 days to arrive, you may cancel your agreement with us.

4.15. Acceptable Use

Where Grade Mobile reasonably suspects a customer is using their Grade Mobile service in an illegal or unreputable manner, we reserve the right to cancel your contract immediately. This also includes any other actions which may cause harm, disrupt, violate, or infringe upon the rights of our customers, and any actions which cause harm our network or our customers. Our full Acceptable Use Policy is appended to the end of these Terms and Conditions.

4.16. Our Responsibility for Loss or Damage

We are responsible for foreseeable loss or damage due to breach of contract or lack of reasonable care. We are not liable for business-related losses.

4.17. Other Important Terms

We may transfer our rights and obligations under these terms to another organisation. You may transfer your rights only with our written consent.

SECTION 5: BUYBACK - TERMS AND C ONDITIONS

This section only applies to customers who are selling us their device through our “Recycling, Trade-in, buyback” service. If you have selected any other service, this section will not apply to you and will not form part of your contract with us. Please refer to the correct section for your terms.

5.1. Why you Should Read These Terms

You should read these terms carefully as they form your contractual agreement with us when you sell your device to us.

5.2. How to Sell Your Device to Us

You will need to provide us with the following information for us to provide you with an initial valuation for your device:

• Make and Model
• Network
• Condition
• Storage Capacity
• Any other information that may be requested

We will also require your basic details as well as bank account sort code and account number in order to process the transaction.

5.3. Rejection of Your Application

We may reject your application to sell your device to us if:

• We no longer accept the device you are trying to sell;
• There was a mistake in the quotation provided
• You are located outside of the geographical location we operate within (i.e. outside the UK).

5.4. Our Website Valuation of Your Device (“Up-to Value”)

Based on the information you provide to us; we will provide you with an initial valuation or “Up-to value” based on the below parameters:

• Great - No scratches or damage (even light screen scratches), Battery health above 90%
• Average - Minimal scratches or damage (no cracks or dents), Battery health above 85%
• Poor - Visible/heavy scratches (no cracks or dents), Battery health above 85%
• Broken - Reviewed upon inspection

This is a provisional valuation that is not legally binding for either party. You are under no obligation to accept our Up-to Valuation at this stage and can choose not to sell us the device if that is preferred.

By completing your sale request, you confirm that you have the right to sell the device; there is no outstanding finance tied to the device; and that the information you provide in respect of your device is accurate to the best of your knowledge.

5.5. Comparison Website Valuation of Your Device (“Up-to Value”)

Based on the information you provide to comparison sites; your device will be categorised as:

• Working: the device is largely functional.
• Broken: the device is not functional.

You will be provided with an initial valuation or “Up-to value” of your device based on the information you provide to the comparison site.

This is a provisional valuation that is not legally binding for either party. You are under no obligation to accept the initial valuation quote at this stage and can choose not to sell us the device if that is preferred.

By completing your sale request, you confirm that you have the right to sell the device; there is no outstanding finance tied to the device; and that the information you provide in respect of your device is accurate to the best of your knowledge.

5.6. Acceptance of Your Device

Your request to sell your device will be accepted by us, and a contract formed, once we have reviewed your application and sent you a confirmation e-mail. Please note that at this point, the initial valuation is not legally binding; this will not be agreed to until we have completed our own internal checks on the device to confirm its particulars, and condition. You will have an option to reject the agreement if we provide a lower valuation after completing our checks.

We reserve the right to reject or cancel any application if any circumstances under section 5.3 apply.

5.7. Sending Us Your Device

After receiving the confirmation e-mail, you will be sent a prepaid envelope which will include instructions to send your device, packaging material, as well as a pre-printed pre-paid shipping label, for you to use to send the device to us for free postage. If you do not receive this prepaid pack within 3 working days, you can:

• contact us at sell@grademobile.co.uk and we will send you a replacement pack.
• You can generate and print a Royal Mail shipping label by following this link: https://www.royalmail.com/track-my-return/create/3507 . This will be the same service as the shipping label provided in your pack, unless you have opted for Special Delivery during checkout.
• Refer to your confirmation e-mail for a QR code that can be scanned by the Post Office. This will be the same service as the shipping label provided in your pack, unless you have opted for Special Delivery during checkout.

The device will be your responsibility until it has been received at Grade Mobile. We therefore strongly recommend that you use our prepaid envelopes for posting the device back to us, as this will ensure a tracked delivery by Royal Mail. If your device is lost in transit, the standard Royal Mail 48-hour service will provide coverage of £150 for your device, whilst the special delivery will provide coverage of £750. It is your responsibility to ensure you select the appropriate level of coverage for your device, as we accept no responsibility for devices that were lost in transit, and you will not receive any payment if we do not receive the device.

5.8. Data Wiping Requirements

It is essential that you remove all personal data from the device before sending it to us, this includes:

• your passcode / pin lock / other enabled security,
• your Face ID,
• your iCloud account,
• your sim card,
• your personal data,

Failure to do so will mean your device will be quarantined for 14 days, during which time you will need to verify that you are the true owner of this device. If after 14 days your device has not been verified, we will recycle or destroy the device.

Our customer service department will contact you to verify you are the owner of the device.

5.9. Internal Check of Your Device

Before we can pay you for the device, we need to check to ensure that the condition of the device matches what you have put in your application (and what the original valuation is based upon). This will involve:

• Checking that your Device make and model matches the description you provided in your sale request;
• Verifying your Device against the GSMA Register for blacklisting, account locks, and history; and
• Checking your Device’s condition including (without limitation) the functionality, network, condition, battery health, third party parts, screen burns, device specification, and background.
• Checking that all personal data and iCloud locks have been removed.

We aim to carry out the assessment at on the same day as receipt of the device (excluding weekends and bank holidays), though this can take longer at busy times.

Where your Device is received more than 14 days after your confirmation e-mail is sent, we may reassess the up to valuation based on current market conditions.

5.10. Reassessed Valuation

Based on the internal check of your device, we may:

• Offer you a reassessed valuation based on the actual condition of the device;
• Confirm your initial valuation or “Up-to Value” as correct; or
• Reject your device for the reasons mentioned in paragraph 5.3.

If you are offered a reassessment, you may reject the reassessed valuation and cancel the contract with us. You will then be sent back your device at no charge. In order to cancel the contract, you must inform us by cancellation through our portal (your quotation notification will contain a portal link to officially respond), within 48 hours of the reassessed valuation.

If you accept the reassessed valuation, or do not respond within 48 hours of receiving it, we shall make payment for your device to your nominated bank account. At this point, your device becomes the property of Grade Mobile, and you will not be able to cancel your agreement, nor recover the device.

If you reject our reassessed valuation, we may at our discretion, offer you a third valuation for your device. This will be offered within 48 hours of you rejecting the reassessed valuation.

5.11. Lost, Stolen & Blacklisted Devices

We do not accept lost, stolen, or blacklisted devices under any circumstances. If your device is found to be lost, stolen, blocked, barred, or has an activation lock (such as iCloud or passcode restrictions), we will place it in a 14-day security hold for investigation.

To reclaim your device, you must provide valid proof of ownership within 14 days. Acceptable evidence includes:

• A valid purchase receipt from an authorised retailer, or
• A network provider confirmation confirming your ownership of the device.

If you successfully verify ownership and remove any locks remotely, we will proceed with processing your device.

If proof of ownership is not provided within 14 days, we will be required to follow regulatory guidelines, which may include reporting the device to relevant authorities or legally disposing of it. No payment or reimbursement will be made for blacklisted devices.

If a device is deemed to be brand new upon receipt, we will place it on a 14-day hold to conduct additional blacklist and ownership checks. This precaution helps ensure the device is not linked to fraudulent activities.

If you request your device to be returned while under investigation, we may apply an administrative handling fee of £25 to cover processing and security checks.

5.12. Payment for your Device

You will generally be paid for your device to your nominated bank account within 24 working hours of:

• Our acceptance of your original valuation as accurate
• Your acceptance of your second valuation
• After 48 hours of us providing your second valuation but receiving no response

In some busier periods, it may take up to 72 hours for you to be paid. We do not accept any liability if you do not receive payment due to providing us with incorrect bank account details.

Once you receive payment, your device becomes the property of Grade Mobile, and you will not be able to cancel your agreement, nor recover the device.

5.13. Right to Cancel

You can cancel your agreement in any of the following circumstances:

• You have not yet sent us your device and have only received an original valuation & confirmation e-mail.
• You have sent us your device but have rejected the second valuation after we conducted an internal check on the condition of the device

5.14. Retuning your Devices

If you decide to reject your valuation and we hold your device, we will send your device back to your nominated address, as stated on your order, by Royal Mail. It will typically take 72 hours to arrive at your door. In some cases, it may take up to 7 calendar days for your device to be delivered. We reserve the right to charge a reasonable fee for the return delivery.

5.15. Returns: Delivery Disputes

In the case of a postal dispute, where the device has been recorded as returned to you, but you have not received the device, Grade Mobile reserves the right to conduct a full investigation as to the location of the device. The Company will not be held liable for any costs if, following a joint investigation between Royal Mail and Grade Mobile, it is shown that the device had been delivered to the correct address.

If the investigation shows that the device was not delivered to the correct address, you will be paid the original valuation price for the device. If the device is confirmed as lost or not received by Royal Mail, you will be paid the full valuation price for the device.

5.16. Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

• losses that were not foreseeable to you and us when the contract was formed;
• losses that were not caused by any breach on our part;
• business losses; or
• losses to non-consumers.

We shall also not be liable to you in respect of:

• the loss, corruption or damage to any of your data or media stored on your Device. It is your responsibility to backup any of the data stored on it before doing so. We routinely wipe data from devices sent to us and do not offer a data recovery service;
• the loss of any accessories (including memory cards) sent to us with a device which were not meant to be included;
• any damage or loss to the device during delivery;
• any failure of payment due to you providing incorrect bank details; or
• any failure of the device being returned to you because of incorrect address details.

5.17. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

5.18. Changes to our terms

We reserve the right to alter these terms, our prices and any other part of our site at any time. Any alterations will be posted to our site.

APPENDIX 1

ACCEPTABLE USE POLICY

We want to ensure that all our customers have fair access to the same level of service, which is why Grade Mobile customers have certain obligations when using our services. These require you to ensure that your use of our services is only for private and personal use and not for any business purposes (unless you have a business account with us). The obligations also look at your roaming use when roaming aboard, age restricted services, and adherence to UK law.

Our Acceptable Use Policy will outline your obligations and the consequences of failing to adhere to them. This Policy forms part of your Terms and Conditions.

Your Obligations:

1. Personal use

Your Grade Mobile service should only be used for private and personal use. No customer should use our service for business purposes unless they have a business account with us.

2. Age Restricted Services

If you are below the age required to access age-restricted services, then you must not access these services. No customer should be sharing content from age restricted services to another person below the legal age to view that content.

3. Adherence to UK Law

Your use of our services must follow UK Law. You must not send, upload or download any message, text, video, or upload the same to the internet if it is offensive, threatening or abusive, obscene or menacing, or a nuisance. You must also not use our services for any fraudulent purposes, including the fraudulent resale of our devices or services. We reserve the right to take appropriate action to stop such resale.

The list above is not exhaustive; any unlawful behaviour which is committed through or on our services will be in breach of the Acceptable Use Policy.

4. Blackbox Restrictions

Customers must not use our service to “hide” their mobile phone number and make it appear that a call is coming from a landline. We reserve the right to take appropriate action to ensure that this activity ceases.

5. Roaming in the EU and selected destinations

As customers of Grade Mobile, we ask that you consider your obligations around the usage of our roaming service in the EU and other selected destinations outside of the UK. These obligations require you to ensure that the use of our service be restricted to either private, personal, and non-commercial purposes (unless you have a business plan).

As an example of our roaming limits, if you’re on our 100GB plan, you will have a 20GB limit of roaming usage. Once you reach this limit, you’ll be charged at the out of bundle rate. There will be a £20 cap on any out of bundle charges. If you reach this £20 cap, you will be unable to continue using your network service until your allowance has been restored in the following month.

You can find our Roaming charges here. Roam-like-home (RLH) permits 2 hours of calls without you incurring additional charges.

Please note 5G services are subject to availability and i s not currently available when roaming outside the UK.

Things you should avoid:

For us to provide the best and fairest possible service to our customers, we ask that you avoid doing the following activities which may breach the Acceptable Use Policy:

• use our service for the first time outside of the UK;
• use a large volume of your allowance (either texts, calls, or data) in the EU or other selected countries outside of the UK; and
• use our services in the EU or other selected countries outside of the UK for prolonged periods of time. If you use our services outside the UK in the EU and our other selected destinations for 63 or more days in any four-month period and you cannot demonstrate prevailing use or presence in the UK this is likely to be deemed to be an unfair use of our services. When this happens charges will apply, but we will always contact you 14 days before this time to make you aware of this. These charges will cease to apply when your behaviour is in accordance with this policy.

6. What happens if you fail to follow the Acceptable Use Policy?

To keep our service fair for all customers, if we reasonably suspect your use of our service is against the Acceptable Use Policy, then we reserve the right to take any appropriate action. This can include but is not limited to:

• Imposition of further charges;
• SIM Restrictions or Disconnection of SIM
• Suspension of our service;
• Termination of your agreement with us;
• Investigation into your usage; and
• Prevention of any further services or packages being offered.

7. Our Responsibilities

We will notify you if this Acceptable Use Policy changes.

We also will ensure to comply with any reasonable instructions from our Mobile Network Operator Enabler in relation to the Acceptable Use of their service.