Mobileguruaustralia.com.au

Terms & Conditions

Thank you for your interest in us. Please read these terms and conditions carefully before submitting your sell order from our site. By sending your phone/device – you are accepting the Terms & Conditions outlined below. You should print and keep a copy of these terms and conditions and the terms of use for future reference.

  1. It is the customer’s responsibility to secure the data on the device and reset all devices to factory default. All devices must not be activation locked and must be signed out from any associated accounts. All phones and devices must not be Apple ID/ iCloud/ PIN/ network locked.
  2. I am the sole and rightful owner of this mobile phone being sold to Mobile Guru. If any devices(s) that I trade in turn out to be lost or stolen, I will waive my right to be paid.
  3. The condition and model number of the device(s) that I have provided to Mobile Guru are accurate.
  4. Mobile Guru is not liable for items that may be lost during transit by Australia Post, via our Free Satchel Method. You have the option to send via Australia Post Registered or Australia Post Express, at an additional cost – we highly recommend this for speed and reliability.
  5. Risk Free Evaluation/Service: Once we receive the device it will be assessed based on the conditions including, but not limited to, those listed on our website.
  6. Any stolen, blocked, counterfeit or fake devices sent to us will be reported to the police. No payment will be made and the device(s) will not be returned.
  7. Mobile Guru has the right to reject any phones that are from overseas. I understand that I may be offered the option of a lesser value and have the option to accept or reject it. Mobile Guru website is only intended for use by people registered with Mobile Guru and resident in Australia. At the company’s complete discretion Mobile Guru may accept or reject orders from people outside of these territories.
  8. I understand that if the device is found to not fit the conditions stated in the website, it may be subject to a revised offer which I will have the choice to accept or have the device sent back after the fee of return charge has been made to Mobile Guru.
  9. I understand and agree that all data stored on the device may be deleted and will be unrecoverable.
  10. Mobile Guru must “receive” the device within 14 days from the trade-in offer otherwise we have the right to offer a lesser amount – which you will have the opportunity to either accept or reject.
  11. All device pricing are inclusive of GST.
  12. I will ensure that all payment information (PayPal Email Address, Account name, BSB and Account number) are correct. Mobile Guru does not validate the details provided and cannot guarantee the receiving bank validates the details for the payment instruction. 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 loss arising from any error in instructions given or by an authorized user.
  13. I agree to OPT-IN to Mobile Gurunewsletters andam able to OPT-OUT at any time.
  14. You acknowledge and agree that all personal identifiable information provided to Mobile Guru in connection with the cash-back program is governed by the privacy policy available on www.themobileguru.com.au, which the privacy policy may be updated from time to time.
  15. Any such items that are sent with the phone such as charger(s), external covers, usb devices, micro-usb cards and sim cards will be either recycled or disposed of. Any such items will not be returned in the case that the final assessment is rejected for any reason.
  16. Mobile Guru has the right to reject the initial online trade in offer if the device has found to have missing/aftermarketsparts and/or has been tampered with by an unauthorised repair agent. This includes the unauthorised software upgrades also known as “jailbroken” for Apple iPhones and “rooted” for Android phones.
  17. If there are any issues with your device, we will contact you via email and text to make a revised offer. If we receive no response within 14 days of making the revised offer, we will proceed with payment for the revised price.
  18. Mobile Guru will dispose of any iCloud locked devices after 14 days after we have sent an email out to unlock the device from the iCloud account.
  19. If I send my device into Mobile Guru without making an order to sell my phone on the website (“sell order”) Mobile Guru will attempt to contact you via a letter/mobile number if we do not have any other details. Upon receiving such device(s) that do not have any “sell order(s)” associated with the device we will contact you after 2 weeks of receiving these. After initial contact is made – if there is no response, we will process the device. After such time you waive any rights to request the handset back, and we will have the right to offer at the time of contact the “current website price” of the handset.
  20. Mobile Guru has the right to cancel an order placed if website information changes needed to be made, incomplete details are provided, or illegal activity is suspected.

Price Beat Guarantee
Please note the offer needs to be from an Australian company with brick and mortar store
Offer needs to be cash, store credit does not substitute a buy-back offer (i.e. a Australian company offering credit towards a purchase does not count

How The Contract Is Formed Between You And Us

Our site is only intended for use by people registered with us and resident in Australia. At our complete discretion we may accept or reject orders from people outside of these territories.

Your contract with us will be formed when we receive your sell order. It will 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 warrant that:

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

You and your parents or guardians release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty.

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

For the purposes of these terms and conditions, “consumer” means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so.

Businesses

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

  • You are authorised to act on behalf of the registered business; and
  • You are based in Australia; and
  • You are accessing our site from that country; 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 defects in screen (no pixel damage, defects or discolouration in LCD)
  • No signs of water damage
  • Battery health in optimal standing (95% up)
  • 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. Operating system (software) must be fully working. Screen and touchscreen must fully work. Battery capacity must be excellent.

Good

  • Light use of previous meticulous owner
  • Fully functional
  • Must pass our diagnostics test
  • May have scuff marks or various light scratches
  • 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 defects in screen (no pixel damage, defects or discolouration in LCD)
  • No signs of water damage
  • Battery health in good standing (90% up)
  • 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. Operating system (software) must be fully working. Screen and touchscreen must fully work. 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)
  • No defects in screen (no pixel damage, defects or discolouration in LCD)
  • No signs of water damage
  • Battery health in ok standing (85% up)
  • 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. Operating system (software) must be fully working. Screen and touchscreen must fully work. Battery capacity must be ok, not degraded.

Dead

  • Heavy use
  • Obvious wear and tear
  • Doesn’t pass diagnostics test (faulty software/hardware)
  • Poor battery capacity (80% 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
  • Genuine parts missing/has Aftermarket parts
  • LCD screen and/or display is faulty, cracked or damaged
  • Water damaged
  • Not in one piece
  • Device has bends or major cracks in housing
  • Device has missing/broken/replacement parts or components
  • Battery not included or is broken (overheats, lowers battery fast)
  • Has no signs of life (blank screen, no 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, we’ll propose an adjusted price by email or SMS. If you choose to decline our new offer, we are happy to return the phone. Charges may apply on returns. We have the final decision on all phone values. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 7 days.

Please note:

  • We accept phone battery chargers and accessories. But these do not increase the value of your order.
  • Mobile Guru is a registered Second-Hand Dealer (ABN: 23632409815). 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 that we post you once you have registered an online sale and must be supplied when posting your phone(s) to us.
  • We work with a number of agencies and service providers including but not limited to ‘Immobilise’, a crime protection database that blocks stolen mobile phones and so we check received units via CheckMEND and other services such as but not limited to the AMTA’s IMEI Status Check service to ensure that the phones that are sent to us are not reported stolen. We do this prior to confirming purchase. However, in the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us, and any authorities should we so request.

Data Risks and Precautions – Important

Please remember that by sending your device to us, you agree to release us from all and any claims, losses or damages with respect to the device, 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 (“Data”)). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure so far as practicable that Data is removed from the device prior to you 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 are very low, we draw to your attention the following points which will help you decide whether to accept the risk of selling us a device which 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.

If your device is non-functional and has a “remote wipe” function, then we strongly advise that you attempt wiping the device prior to sending it to us.

If your non-functional device cannot be data wiped but has a PIN lock (a password or combination which needs to be entered to access the phone when switched on) then this will block third party access and mean that anyone repairing the device will be required to return the phone to its factory settings, in the process wiping the Data held on the device.

Please note 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 which 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.

Please note that 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 on terms which require them to wipe that Data.

Sim Card removal – Important

You are responsible for cancelling any airtime contract linked to each device. We are not responsible for any call costs arising before, or after, receipt 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 in the event that a SIM card is sent with a device and charges are then 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 other applicable tax).

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 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 us at The Mobile Guru’s headquarters:

The Mobile Guru Pty Ltd
Level 1, 36 Park Street,

South Melbourne

Victoria 3205

Payments

We offer an option of cheque or bank transfer and may offer voucher payment and other options at our discretion. You will be required to select a payment option when placing each online sell order. Unfortunately, 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. Providing it does, we will post/make 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 given when you register.

If you have damaged your cheque or voucher (unactivated), you can have it reissued, free of charge, by posting us a written request and including the damaged cheque or voucher to the following address:

The Mobile Guru Pty Ltd
Accounts Department

Level 1, 36 Park Street,

South Melbourne

Victoria 3205

If the damaged cheque or voucher is not received by us, a cancelation fee will apply and will be deducted from the re-issued cheque value.

If you have lost your cheque or voucher (inactivated), you can request for it to be cancelled and re-issued. A cancellation fee will apply and will be deducted from the re-issued cheque/voucher value.

Vouchers cannot be re-issued for any reason once activated. Voucher payments include GST.

Bank Transfer payments

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

Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in 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.