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TRADE-IN PROGRAMME TERMS AND CONDITIONS

  1. 1. THESE TERMS

    1. 1.1 These are the terms and conditions on which you may take part in the Handset Trade In Programme (“Trade In Programme”), which provides you with the option to get a reduction in price for your new handset (“New Handset”) purchased through the NIX Shop Online (www.nixs.co.uk), either purchased outright or through a credit facility, in exchange for trading in your existing device (the “Existing Handset”). The handset trade in programme is provided by MTR Group Limited a company registered in England and Wales under company registration number 7839241 and whose registered office is at 10 The Spine Green Centre, Harlow, Essex CM19 5TR.

      MTR Group Limited are acting in partnership with Glencarmo Ltd trading as NIX to deliver this trade in programme effected via the NIX on-line shop. The level of discount which you may receive will vary, dependent on the model of existing Handset you trade in and the condition of your Existing Handset.

      We may refuse to accept any orders placed for New Handsets using this Trade In Programme where we have reasonable grounds to suspect fraud.

    2. 1.2 Please read these terms carefully if you would like to take part in the Trade In Programme. These terms tell you who we are, the conditions of the Trade In Programme and other important information.

  2. 2. ABOUT US AND HOW TO CONTACT US

    1. 2.1 Who we are. Your main point of contact for the trade in programme is Glencarmo Limited, trading as NIX, a company registered in England and Wales under company number 12361876 and with our registered office at Woodberry House, 2 Woodberry Grove, Finchley, London, N12 0DR, UNITED KINGDOM.
    2. 2.2 How to contact us. You may contact us through the Contact Us page on our website or alternatively you may write to us at customer-services@nixs.co.uk. Please state your Membership number, order number where appropriate and any other details that will help us respond to you as quickly and effectively as possible
    3. 2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

  3. 3. OVERVIEW OF THE TRADE IN PROGRAMME

    1. 3.1 How to take part in the Trade In Programme. On placing your order for a new handset, you may, if you choose to do so, take part by clicking the relevant Trade In option on the website.

      If you are successful in passing any relevant credit checks by our chosen credit provider (if you have opted to purchase your handset through a credit facility), be able to take part in the Trade In Programme.

    2. 3.2 Your participation in the Trade In Programme is subject to you:
      1. 3.2.1 Providing the Existing Handset to our trade in partner MTR within 7 days of receiving your New Handset.

      2. 3.2.2 The Existing Handset must meet the minimum requirements set out in clause 4.2.

      3. 3.2.3 Should you fail to provide the Existing Handset to MTR within 7 days of receipt of your New Handset you will be required to return your New Handset to NIX, or you will be asked to pay back the upfront discount you received. Failure to provide your New Handset or payment, to Glencarmo Limited will result in legal proceedings being taken against you to recover the device.
    3. 3.3 Other than as specified in these terms and conditions, our standard Terms and Conditions of Sale (which can be found on our website www.nixs.co.uk) will govern your purchase of the handset and any other products purchased from our website.

  4. 4. TRADING IN YOUR OLD DEVICE

    1. 4.1 If you decide to take part in the Trade In Programme, you must provide your Existing Handset to our trade in partner MTR as set out in these Terms and Conditions.
    2. 4.2 Please note that the option to receive the full value of discount for your Existing Handset is only available if your Existing Handset meets the requirements set out below (“Minimum Requirements”). Please note that if you are trading in a broken or faulty Existing Handset the terms of clause 4.4 apply instead of these Minimum Requirements.

      Minimum Requirements

      Functionality: The Existing Handset must be owned by you, it must match the make and model from your order form and it must also meet the following functionality criteria.

      • It must power on/up and hold charge
      • It must be fully functional and must have no software or hardware faults
      • It must only have normal wear and tear - there must be no damage or blemishes to screen/LCD and the casing around the device including the camera lens must not be cracked. No level of liquid damage is acceptable.
      • It must have a fully functioning display and have no cracked screen
      • It must have no signs of screen burn, ghost imaging, discolouration, coloured hues or image retention
      • It must not be blacklisted - each device must be eligible to pass all lost/stolen registers
      • It must be factory reset and have no software locks - the device must have any personal account locks removed and the device must be reset to remove personal data, all devices must have their iCloud or Google accounts removed or custom MDM accounts removed.
      • It must not be PIN locked and must not have an ‘Activation Lock’ or 'iCloud Lock' activated
      • It must include its battery within the casing and must not have any missing parts
      • It must not be crushed, bent in half or liquid-damaged
      • It must not be “jail-broken” or “Knox warranty void” and the firmware must not have been altered
      • It must be original and not personalised with any custom engraving. The entire colour of the device must match the original manufacturer’s specification.
    3. 4.3 Please note that our recycling partner MTR, inspect all Existing Handsets which are provided as part of the Trade In Programme. If the Existing Handset which you are proposing to provide to MTR does not meet the Minimum Requirements (and you have not declared it to be a broken Existing Handset as set out in clause 4.4), then MTR will contact you and notify you of this within 10 days. If your Existing Handset does not meet the Minimum Requirements, a surcharge of up to £100 will be payable to MTR Group Limited. MTR will contact you advising how much surcharge is due (depending on the extent your Existing Handset does not meet the minimum requirements) and how to make payment in these circumstances. If you have any concerns about the inspection of your Existing Handset, or wish to discuss the result of this inspection, please contact MTR on 0333 207 9676
    4. 4.4 Should your Existing Handset not meet the requirements detailed above, you may still trade in your Existing Handset with MTR by declaring it to be broken during the trade-in process on our website. Please note that MTR cannot accept broken Existing Handsets where the Existing Handset has an outstanding credit or finance balance associated with it, or where the Existing Handset has been blacklisted as lost or stolen.
    5. 4.5 MTR will send you prepaid return packaging materials to allow for the safe provision of your Existing Handset to them. You should ensure that the handset is provided to MTR within 7 days of receiving your New Handset. If you do not send your trade-in device to MTR within the specified timeframe, then unless you return your new device, Glencarmo Limited will deduct a sum equal to the discount you receive for trading in your existing device from your payment card. Please ensure that you back up any photos, files and other data which you have stored on the Existing Handset, and remove the sim card and memory cards before providing the Existing Handset to MTR. On receipt of the Existing Handset, all data stored on it will be securely wiped. MTR are not able to recover any data stored on an Existing Handset which has been provided to them.
    6. 4.6 To the extent possible, we ask that you include the box and any original accessories which were included within the box when you provide the Existing Handset to MTR.
    7. 4.7 At the point at which you have provided your Existing Handset to MTR, and they have carried out a successful inspection of the Existing Handset (ensuring that it meets the Minimum Requirements, unless it has been declared to be broken Existing Handset) ownership in the handset will pass from you to MTR Group Limited.

  5. 5. YOUR RIGHTS

    1. 5.1 Entering into the Trade In Programme does not prevent you from exercising your rights to cancel your order during the 14 day cooling off-period provided for in our standard Terms and Conditions of Sale.
    2. 5.2 Full information about your rights to return a defective product in line with our Returns Policy can be found in our standard Terms and Conditions of Sale.
    3. 5.3 If you exercise your right to cancel your order and return your product during the 14 day cooling off period. If you cancel MTR will endeavour to return your Existing Handset to you, but we cannot guarantee its return. In the event that we are unable to recover your Existing Handset, MTR will provide you with a cash equivalent price for the Existing Handset, based on the price currently payable for your Existing Handset on the NIX website (www.nixs.co.uk/trade-in). Any such cash payment will be made by MTR, on behalf of NIX.
    4. 5.4 Taking part in the Trade In Programme does not affect any statutory rights you may have, including your rights under the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

  6. 6. HOW WE MAY USE YOUR PERSONAL INFORMATION

    1. 6.1 We will use the personal information you provide to us in accordance with the terms of our privacy policy, which can be found at the bottom of our webpage. If you wish to withdraw your consent to us processing your personal data, please contact us via our CONTACT US page on our website or write to us at customer-service@nixs.co.uk.
    2. 6.2 Please note that in order to take part in the Trade In Programme, you must have a NIX account.
    3. 6.3 If, in the course of taking part in the Trade In Programme, you elect to take out a finance product, you will be redirected to the website of the finance provider. The privacy policy and terms and conditions relevant to that finance provider can be found on their website.
    4. 6.4 We will only give your personal information to other third parties where the law either requires or allows us to do so.

  7. OTHER IMPORTANT POINTS

    1. 7.1 Other than MTR Group Limited, a partner of NIX who you are contracting with in relation to your Existing Handset trade in, nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    2. 7.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    3. 7.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. 7.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.