SellCell.com Terms & Conditions

This website ("SellCell") is owned and provided by Sellmymobile.com Limited (a company registered in England and Wales with company number 07321980) whose registered address is at Spear House, Cobbett Road, Burntwood Business Park, Burntwood, Staffordshire WS7 3GL and whose registered VAT number is GB 9975477 38.

In these Terms of use ("Terms"), "we", "our" and "us" means Sellmymobile.com Limited trading as SellCell.com and "you" and "your" means any person who accesses and uses this Website

These Terms apply to all services that we offer through this Website.

  • 1. General
  • 1.1 Access to and use of this Website is subject to these Terms and our Privacy Policy. By accessing and using this Website you agree to be bound by and to act in accordance with these Terms and our Privacy Policy www.sellcell.com/privacy. If you do not agree to these Terms or our Privacy Policy, you are not permitted to access and use this Website and you should cease such access and/or use immediately.
  • 1.2. If you breach any term of these Terms, your right to access and use this Website shall cease immediately.
  • 1.3 We reserve the right to amend these Terms from time to time without notice by amending this page. The amended Terms will be effective from the date they are posted on this Website. As these Terms may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms.

  • 2. Our Comparison Service
  • 2.1. We provide an independent online comparison service which enables you to research and compare prices paid by third parties for certain devices whilst using this Website. Our comparison service is free for you to use. We do not add any fees or commissions to the products or services you compare. Instead, we will introduce you to other parties who may acquire products from you.
  • 2.2. Our comparison service allowing you to search for and compare various prices paid by Buyers for various devices requiring you to answer a number of questions on this Website. These questions are designed to ensure that we and the relevant third parties have all the information necessary to provide you with appropriate and timely information relating to the prices paid for your device(s) by various third parties.
  • 2.3. Please be aware that nothing on this Website is, or shall be deemed to constitute, financial or other advice or a recommendation or endorsement by us in respect of any service or third party buyer referred to on this Website. Information on this Website is provided for general information purposes only, should not be relied upon by you and is provided so that you can select a third party buyer that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of a third party buyer that is of interest to you and it is your sole decision whether to sell or refrain from selling your device(s) to any third party buyer mentioned on this Website. If you are in any doubt as to the suitability, adequacy or appropriateness of any third party buyer referred to on this Website, we suggest that you seek independent advice before you sell your device(s) through this Website.
  • 2.4. Please be aware that nothing on this Website is, or shall be deemed to constitute, an offer by us or any third party to acquire your device(s) or to enter into any contract with you in respect of the sale and purchase of your device(s). By submitting your details, you are making an offer to sell your device(s) to the relevant third party on its terms and conditions that may be accepted or rejected. The contract for the sale and purchase of your device(s) will only be concluded once your offer has been accepted by the third party. You will receive confirmation when your offer has been accepted by the relevant third party.
  • 2.5. We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.
  • 2.6. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.

  • 3. Use of this Website
  • 3.1. You are only permitted to access and use this Website for your personal, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek a buyer for his/its device(s) directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited.
  • 3.2. You are not permitted to use this Website:
    • In any unlawful, fraudulent or commercial manner.
    • To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
    • To create, check, confirm, update, modify or amend your own or another person's databases, records or directories.
    • To tamper with, modify, reverse engineer or amend any part of this Website.
    • In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
    • Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
  • You may operate a link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.

  • 4. Intellectual property rights
  • 4.1. The copyright in the information, content, material or data displayed on this Website belongs to us or our licensors. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use, subject to the following conditions:
    • It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.
    • You may not use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
    • It may not be sold or transferred to any third party.
    • The copy must retain any copyright or other intellectual property notices contained in the original material.
    • Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
    • No logos, trade marks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part.
    • You must not modify the paper or digital copies of such information, content, material or data.
    • It may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.
    • The status of us and our licensors as the authors of such information, content, material or data must be acknowledged.
  • 4.2. All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trade marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) ("IPR") in and relating to this Website (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.
  • 4.3. Except as set out elsewhere in these Terms, none of the IPR belonging to us or our licensors in and relating to this Website (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.
  • 4.4. All rights in "SellCell.com" and "Sellmymobile.com" are owned by us.
  • 4.5. You shall retain ownership of any views, opinions, reviews, ratings, comments, content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through this Website ("User Content"). You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, sell, save, copy, distribute, publish, display, excerpt, reproduce, utilise, extract, make available and transmit such User Content in any manner and for any purpose. Additional terms and conditions in relation to User Content (including discussion forums and user reviews) are set out in paragraph 11.

  • Sections 5, 6 and 7 are important and you should read them carefully as they exclude or limit our liability to you, and detail your responsibilities.

  • 5. Exclusions of liability
  • 5.1. Nothing in these Terms excludes or limits our liability for (i) death or personal injury caused by our negligence, or (ii) for our fraud, or (iii) any matter under the law for which our liability cannot be limited or excluded.
  • 5.2. We use reasonable endeavours to ensure that the data, material and information on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we are not responsible if the data, material and information on the Website is inaccurate or if there are any errors or omissions in the data, material and information.
  • 5.3. We do not monitor, verify or endorse data, material and information submitted or provided by third parties which is included on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from third party buyers or providers as presented to you on the Website. We are not responsible for any data, material or information included on the Website which has been provided by third parties.
  • 5.4. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
  • 5.5. We are not responsible for any losses or damages arising from an inability to access the Website, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
  • 5.6. We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you which were not foreseeable by us when you accessed or used the Website.

  • 6. Exclusion of our liability in respect of third party buyers
  • 6.1. You can arrange to sell your device(s) through this Website. The service to purchase your device(s) is not provided by us, but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to sell your device(s) to the relevant third party buyer before doing so. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any sale of your device(s) after using this Website or for any acts, omissions, errors or defaults of any third party in connection with the sale of your device(s).
  • 6.2. Please be aware that the information, descriptions, details of prices paid by a buyer on this Website may not represent the complete descriptions of all the features and terms and conditions of the sale of your device(s) to a third party buyer. You must ensure that you carefully read all the features and terms and conditions of any third party buyer before agreeing to sell your device(s) to that buyer.
  • 6.3. If you agree to sell your device(s) to a buyer, you will be contracting with a third party who will be acquiring your device(s) on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract to sell your device(s). We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party in relation to the sale of your device(s) or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.
  • 6.4. We provide links from this Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such third party websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise). We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
  • 6.5. Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms and our Privacy Policy .It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.
  • 6.6. Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.
  • 6.7. Please be aware that whilst this Website provides information on a wide range of potential buyers for your device(s), there may be other potential buyers for your device(s) available on the market which are not shown on this Website and which may be more appropriate or suitable for you than those shown on this Website.

  • 7. Your responsibilities
  • 7.1. You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content as described in paragraph 4.5) is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.
  • 7.2. You may complete a registration process as part of your use of this Website which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this Website using your username, password and/or other identification information.
  • 7.3. You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts
  • 7.4. Before you agree to sell your device(s) to a third party buyer, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any product or service. Failure to do so could invalidate the sale of your device(s) to the third party. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.
  • 7.5. You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.
  • 7.6. You are solely responsible and liable for your conduct on this Website and for your User Content. You must ensure that:
    • You own your User Content or otherwise have the right to grant the licence set out in paragraph 4.5.
    • Your User Content does not violate or infringe any privacy rights, IPR or other rights of any third party (including any right of confidentiality).
    • Your User Content does not violate or infringe any law.
    • Your User Content is true, complete, accurate and not misleading where it relates to facts, or is genuinely held where it relates to an opinion.
    • Your User Content is not harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable.
  • 7.7. You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website and/or your User Content.

  • 8. Your telephone calls
  • 8.1. Telephone calls that you make to our customer services help line may be monitored and/or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision.

  • 9. Complaints
  • 9.1. Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason, please contact our Customer Services Team by writing to Sellmymobile.com Limited, Spear House, Cobbett Road, Burntwood Business Park, Burntwood, Staffordshire WS7 3GL or by email to support@sellcell.com
  • 9.2. If you are unhappy with any transaction relating to the sale of our device(s) to a third party or have any complaint regarding any third party, you should address your complaint directly to that third party.

  • 10. Privacy Policy
  • 10.1. We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using this Website, you agree to the way in which we process and deal with your personal information.
  • 10.2. We may disclose your personal information or access your account if required to do so by law, any court, or any other applicable regulatory, compliance, Governmental or law enforcement agency.

  • 11. User Content
  • 11.1. You agree that any User Content (as described in paragraph 4.5 of Section 1) will comply with this paragraph 11.
  • 11.2. You are not permitted to use this Website to:
    • Collect email addresses or other contact information of others for the purposes of sending unsolicited emails or other unsolicited communications.
    • Promote or encourage illegal activity.
    • Do anything that is unlawful, harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or for the purpose of harming or attempting to harm minors in any way.
    • Do anything which violates the rights of others (such as rights of privacy).
    • Impersonate any other person or falsely state or otherwise misrepresent yourself.
    • Upload, post, transmit, distribute, share, store or otherwise make publicly available any personal information of any other person including names, addresses, phone numbers and email addresses.
    • Upload, post, transmit, distribute, modify, reproduce, share, store or otherwise make publicly available any information, material, data or content that infringes any patent, trade mark, trade secret, copyright or other intellectual property right of any other person.
    • Send any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of such solicitation.
    • Post links to alternative community groups or forums except with our prior written consent.
  • 11.3. We reserve the right, but have no obligation, to review or monitor any User Content. We are not responsible or liable for the review or monitoring of any User Content.
  • 11.4. We reserve the right to close, delete, edit, refuse to post, amend, modify or remove (without notice) any User Content at our sole discretion for any reason, including without limitation User Content that in our sole opinion breaches these Terms.
  • 11.5. You agree that any information you provide to us about yourself will be true, accurate and complete, and that you will ensure that this information is kept accurate and up-to-date at all times.
  • 11.6. You agree that we may disclose your identity (including your name, email address and contact details) if required to do so by law, any court, or any other applicable regulatory, compliance, Governmental or law enforcement agency.
  • 11.7. We advise you to think very carefully before posting or uploading any personally identifiable information about you on this Website.
  • 11.8. If you consider that any User Content breaches these Terms please email support@sellcell.com.

  • 12. General
  • 12.1. This Website is only intended for use by residents of the United States
  • 12.2. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
  • 12.3. These Terms constitute the entire agreement between you and us relating to your access to and use of this Website and supercedes any prior agreements (including any previous Terms of this Website).
  • 12.4. No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
  • 12.5. These Terms and your access to and use of this Website shall be governed by and interpreted in accordance with English law.
  • 12.6. Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of this Website (including any claims or disputes).