Terms & Conditions*

This website is operated by THE MOBILE GURU PTY LTD, with the business name as Mobile Guru (ABN: 23 632 409 815). Across this page, the words “we”, “us” and “our” refer to www.mobileguruaustralia.com.au. We provide this page and the services related to selling your device on the condition that you accept all the terms, conditions, policies and notices stated here.

By visiting our website, you agree to comply with the following Terms of Service, along with any additional policies linked on this site. These terms apply to all users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors.

  1. It is the customer’s responsibility to back up and remove all data from the device before performing a factory reset. All devices must not be activation-locked and must be signed out of any associated accounts. Furthermore, all phones and devices must not be Apple ID, iCloud, PIN, or network-locked, and must be strictly Australian stock.
  2. You are the sole, rightful owner of the mobile phone being sold to Mobile Guru. If any device(s) that you trade in turn out to be lost or stolen, you will waive the right to be paid.
  3. You confirm that the device details you provide to Mobile Guru, including its condition and model number, are accurate.
  4. Once we receive the device, it will be assessed based on the conditions, including, but not limited to, those listed on our website.
  5. Any device found to be stolen, blocked, counterfeit or fake will be reported to the police. You won’t receive payment, and the device won’t be returned.
  6. Mobile Guru has the right to reject any phones sent from overseas. Even if we accept it, you may be offered a lesser value for such devices and have the option to accept or reject it. The Mobile Guru website is intended only for people registered with Mobile Guru and residing in Australia. As such, the company has full discretion to accept or reject orders from people outside these territories.
  7. If your device does not meet the conditions stated on the website, a revised offer will be made. You can choose to accept or have the device returned after paying a return fee to Mobile Guru.
  8. You understand and agree that any data stored on the device may be deleted and will not be recoverable.
  9. Mobile Guru must receive the device within 14 days of the trade-in offer. Otherwise, we reserve the right to offer a lesser amount, which you will have the opportunity to either accept or reject.
  10. GST is included in all device prices.
  11. You must ensure that all payment information (PayPal email address, account name, BSB, and account number) is correct. Mobile Guru does not validate the details provided and cannot guarantee that the receiving bank will verify them. Any error in these payment details may result in a loss of funds. To the extent permitted by law, Mobile Guru is not liable for any loss arising from an error in instructions given by you or any authorised user.
  12. You agree to OPT-IN for Mobile Guru newsletters and understand that you can OPT-OUT at any time.
  13. You acknowledge and agree that any personal information you share with Mobile Guru for the cashback program is handled under our Privacy Policy. This policy, available at www.mobileguruaustralia.com.au, may be updated from time to time.
  14. Any items sent with your phone, such as chargers, external covers, USB devices, microSD cards, or SIM cards, will be recycled or disposed of. Such items will not be returned if your device gets rejected in the final assessment for any reason.
  15. Mobile Guru has the right to reject the initial online trade-in offer if your device has missing or aftermarket parts or has been tampered with by an unauthorised repair agent. This also includes any unauthorised software changes, such as ‘jailbroken’ Apple iPhones or ‘rooted’ Android phones.
  16. If we identify any issues with your device, we’ll email and text you a revised offer. In case we receive no response within 14 days of making the revised offer, we will proceed with payment for the revised price.
  17. If a device remains iCloud-locked, Mobile Guru will dispose of it 14 days after an email requesting that you remove the lock has been sent.
  18. If you send your device to Mobile Guru without first placing a sell order on the website, we will attempt to contact you via phone or letter if no other contact details are available. Upon receiving such device(s) without a corresponding sales order, we will contact you within two weeks. If there is no response after initial contact, we will process the device. After this time, you waive any rights to request the handset’s return, and we reserve the right to offer the current website price of the handset at the time of contact.
  19. Mobile Guru reserves the right to cancel any order if information on our website requires correction, incomplete details are provided, or if illegal activity is suspected.

Proof of Purchase Requirement

When a Customer sells a mobile phone or tablet to Mobile Guru, the company may, at its sole discretion, request the Customer to provide proof of purchase for the device. Proof of purchase must be supplied in the form of either a PDF invoice or a clear image of the original physical invoice. Failure to provide satisfactory proof of purchase upon request may result in Mobile Guru rejecting the Order.

Identity Verification

When a Customer sells a mobile phone or tablet to Mobile Guru, we may request the Customer to provide a valid Australian driver’s licence for identity verification purposes. If the Customer does not hold an Australian driver’s licence, a valid passport must be provided instead. Failure to provide appropriate identification upon request may result in Mobile Guru rejecting the Order.

Commercial Quantity Restrictions

Mobile Guru reserves the right to reject and return any devices submitted in an Order where the total Order value is deemed to be of a commercial quantity, defined as, (i) a combined value exceeding AUD $5,000; or (ii) more than five (5) devices submitted by the same Customer within any rolling thirty (30) day period, unless prior approval has been granted by Mobile Guru via telephone or email. Orders submitted without such approval may be rejected at Mobile Guru’s discretion.

Transit Liability Notice

Mobile Guru is not liable for any items that are lost or damaged during transit when sent via Australia Post using our free Australia Post label. Customers who require additional protection are strongly encouraged to purchase Extra Cover through Australia Post. Extra Cover provides compensation for loss or damage up to the value selected by the sender while the item is in Australia Post’s custody.

Customer-arranged Postage Liability Notice

Mobile Guru is not liable for any items that are lost or damaged during transit when you choose to send the device using your own postage method. You may purchase postal insurance from Australia Post at an additional cost, and we highly recommend doing so for added security, reliability, and peace of mind.

Price Beat Guarantee

This guarantee stands if the following two conditions are met:

  • The offer must be from an Australian company with a physical, brick-and-mortar store.
  • The offer must be cash. Store credit does not count as a buy-back offer (for example, an Australian company offering credit towards a purchase is not eligible).

How Is the Contract Formed Between You and Us?

Our site is intended solely for use by individuals registered with us and residing in Australia. Hence, we have complete discretion to accept or reject orders from people outside of these areas. Your contract is formed when we receive your ‘sell order’. It will be subject to and incorporate these terms and conditions.

PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.

Consumers

By placing an order through our site, you declare that:

  • You are residing in Australia
  • You are accessing our site from within Australia
  • You are legally capable of entering into a binding contract
  • You are at least 16 years of age; and
  • If you are under 18 years of age, you have obtained your parents’ or guardian’s consent to sell your phone to us for the sum indicated on our website.

You and your parent or guardian release us from any liabilities or claims that may arise if you send your phone to us in breach of this declaration.

If you are dealing as a consumer, any provision of this contract that is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.

In these terms and conditions, a “consumer” means an individual who enters into this contract outside the course of business and does not hold themselves out as doing so.

Businesses

By placing an order through our site, you declare that:

  • You are authorised to act on behalf of the registered business
  • You are based in Australia,
  • You are accessing our site from within Australia, and
  • You are legally capable of entering into a binding contract.

Phones and Devices

Each mobile phone or device sold should match the make and model in the sale order and meet the following conditions:

Brand New

  • Never used
  • Comes with all genuine accessories and original box
  • Never activated

Mint

  • Like new condition
  • Fully functional
  • Must pass our diagnostics test
  • No cracks, chips, engraving, deep scratches or dents on screen, frame and metal body
  • No bends in housings
  • Original LCD screen (no 3rd party replacement screen)
  • No scratches on the screen
  • No screen defects (no pixel damage, defects or discolouration in LCD)
  • No signs of water damage
  • Battery health is in optimal standing (80% up)
  • No third-party software or replacement for original parts
  • Must turn on and off, with all buttons and ports undamaged and fully functional
  • All features, such as making calls, Wi-Fi, camera, video, etc., must work
  • The operating system must be fully functional
  • The screen and touchscreen must work properly
  • Battery capacity must be excellent

Good

  • Lightly used and well-maintained by its previous owner.
  • Fully functional
  • Must pass our diagnostics test
  • May have scuff marks or light scratches
  • No cracks, chips, engraving, deep scratches, or dents on the screen, frame, or metal body
  • No bends in the housing
  • Original LCD screen (no third-party replacement)
  • Very light scratches on the screen
  • No screen defects (no pixel damage, defects, or discolouration in the LCD)
  • No signs of water damage
  • Battery health is in good standing (80% or higher)
  • No third-party software or replacement of original parts
  • Must turn on and off, with all buttons and ports undamaged and fully functional
  • All features, such as making calls, Wi-Fi, camera, video, etc., must work
  • The operating system must be fully functional
  • The screen and touchscreen must work properly
  • Battery capacity must be in good condition

Poor

  • Normal use (standard wear and tear)
  • Fully functional
  • Must pass our diagnostics test
  • Fair condition, may have dents, scuff marks or dents
  • Be intact with no missing parts
  • No bends in housings
  • Original LCD screen (no 3rd party replacement screen)
  • Scratches on the screen, but no screen/LCD damage
  • No screen defects (no pixel damage, defects or discolouration in LCD)
  • No signs of water damage
  • Battery health is in an acceptable condition (75% or higher)
  • No third-party software or replacement for original parts
  • Must turn on and off, with all buttons and ports undamaged and working
  • All features, such as making calls, Wi-Fi, Camera, Video, etc, must work
  • The operating system (software) must be fully working
  • The screen and touchscreen must fully work
  • Battery capacity should be stable and not degraded

Faulty/Dead

  • Heavy use
  • Obvious wear and tear
  • Doesn’t pass diagnostics test (faulty software/hardware)
  • Poor battery capacity (75% below)
  • User PIN locked and Apple ID locked

*iPhones will be considered for this condition if only screen is cracked

Devices will be VALUED at $0 if:

  • Tampered with by an unauthorised repair agent
  • Apple ID/iCloud locked
  • Missing genuine parts or containing aftermarket parts
  • The LCD screen and/or display is cracked, faulty, or damaged
  • Water damaged
  • Not in one piece
  • The device has bends or major cracks in the housing
  • Missing, broken, or replaced parts or components
  • Battery missing, broken, or faulty (overheats or discharges quickly)
  • No signs of life (blank screen, cannot power on)

All devices must not be activation locked and must be deregistered from any associated accounts. All phones and devices must not be network locked. By submitting an order through our site, you warrant that the phone(s) comply with these terms.

If a phone fails to meet our terms and conditions, you’ll receive an adjusted price via email or SMS. In case you choose to decline our revised offer, we are happy to return the device. Charges may apply for returns. Additionally, we’ll reserve the final decision on all phone values. Adjusted orders will be automatically processed for payment if you do not reply to our proposed email offer within 7 days.

Please note:

  • We accept phone battery chargers and accessories. However, these do not increase the value of your order.
  • Mobile Guru is a registered second-hand dealer (ABN: 23 632 409 815). As such, we are required by law to obtain Evidence of Identity from every person attempting to sell goods to us. The required copies of Evidence of Identity are detailed in the sales pack we send, once you have registered an online sale, and must be supplied when posting your phone(s) to us.
  • We work with several agencies and service providers, including, but not limited to, the AMTA’s IMEI Status Check service, to ensure that the phones sent to us are not reported stolen. However, if we become aware of any issues at any time, we reserve the right to withhold or cancel payment, and you musat agree to cooperate with us and any authorities, should we request it.

Important: Data Risks and Precautions

Please remember that by sending your device to us, you agree to release us from all claims, losses, or damage with respect to the device. This includes any data stored or contained therein or on any media used in conjunction with the device (whether in the form of personal details, SMS, photos, games, songs or other data).

We accept no responsibility in relation to the security, protection, confidentiality, or use of such data. It is your responsibility to ensure, so far as practicable, that all data is removed from the device before sending it to us.

Although in our experience, the risk of data left on your device being accessed by us or by any third party to whom we subsequently sell the device is very low, we draw your attention to the following points. This will help you decide whether to accept the risk of selling us a device that may contain accessible data.

If your device is functional, we strongly advise that you delete all personal data from the device prior to sending it to us. Please use our free ‘Mobile Data Delete Tool’ to obtain step-by-step instructions on how to delete personal data from your device. In case your device is non-functional and has a “remote wipe” function, we strongly advise that you attempt to wipe the device before sending it to us.

If your non-functional device cannot be data wiped but has a PIN lock (a password or combination that is needed to access the phone when switched on), this will block third-party access. Anyone repairing the device will have to return it to its factory settings, which will wipe any data on the phone.

Please note that it may not be possible to delete data directly from a non-functioning device. If you send us a non-functioning device, you are therefore accepting the risk that it may still contain data that may be accessible to any person who repairs the phone. This may include third parties to whom we have sold the device for spare parts.

While (as stated above) we do not accept any liability in respect of the security, protection, confidentiality, or use of data included on any device, as a matter of practice, we do not transfer any device to any third party except under terms that require them to only wipe that particular data.

Important: SIM Card removal

You are responsible for cancelling any airtime contract linked to each device. We are not responsible for any call costs incurred before or after delivery of your device, or arising from any other circumstances whatsoever. Please ensure you remove your SIM card before sending us your device. We accept no liability if a SIM card is sent with a device and charges are incurred. You shall continue to be responsible for such charges. Any SIM cards received by us are non-returnable.

Pricing

Prices offered on our website are subject to change at any time without notice. All prices include GST or any other applicable taxes. Mobile Guru does not sell devices in bulk.

Postage

We have various posting options, which include a freepost service. Phones and devices must be packaged in accordance with our packaging instructions to ensure safe and successful delivery to us. Other than when we arrange courier collection, we do not accept responsibility for non-delivery of phones or for damage in transit. We therefore recommend that you send any high-value units via registered post to ensure successful delivery.

Registered deliveries should be sent to the Mobile Guru headquarters:

Mobile Guru
Level 1, 36 Park Street,
South Melbourne Victoria 3205

Payments

We offer an option of payment by cheque or bank transfer, and may offer voucher payment or other options at our discretion. You will be required to select a payment option when placing each online sell order. Please note that this payment option cannot be changed once the order is placed.

When we receive your order, we will check that it is complete and that it meets our terms and conditions. If it does, we will process payment to you by cheque, bank transfer, or voucher within 48 hours (Monday to Friday working hours apply).

Cheque and Voucher Payments

Cheque and Voucher payments can only be made to the name and address provided when you register. If you have a damaged cheque or voucher (unactivated), you can have it reissued free of charge by posting a written request along with the damaged cheque or voucher to the following address:

Mobile Guru
Accounts Department

Level 1, 36 Park Street,
South Melbourne Victoria 3205

If the damaged cheque or voucher is not received by us, a cancellation fee will apply and will be deducted from the reissued cheque value. In case you have lost your cheque or voucher (unactivated), you can request it to be cancelled and reissued. A cancellation fee will apply and will be deducted from the reissued cheque/voucher value.

Vouchers cannot be reissued for any reason once activated. Voucher payments include GST.

Bank Transfer Payments

Bank Transfer payments can only be made to the account details provided when placing the online order. We cannot, under any circumstances, recall or reissue bank transfer payments once they have been made.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.