S22 Buds 2 from Galaxy

Virgin Media Freestyle Trade Up Terms and Conditions

Please carefully review the following terms and conditions. It is important to understand that by placing an order to Trade Up, you are agreeing to be bound by these terms and conditions. Before engaging in the Trade Up process, we recommend that you make note of your device's IMEI number in case any issues arise with your order. For assistance in finding your device's IMEI number, please refer to the FAQ section by clicking on the following link: [MY_REDIRECT_PREFIX]https://virginmediatradein.brightstar.com/

1. What is Freestyle Trade Up?

1.1. Trade Up is a service that allows customers who already have Virgin Media Freestyle plans ("you") to upgrade to a new phone ahead of schedule. This is made possible by using the value of your old phone (referred to as a "Device") to pay off your current active Freestyle credit agreement (known as your "Freestyle Loan") with Virgin Media Mobile Finance Limited, governed by the Consumer Credit Act 1974 ("Trade Up").

1.2. You have the option to Trade Up any valid Device, regardless of whether it is the Device associated with your existing Freestyle Loan.

2. Who Provides Trade Up?

2.1. The Trade Up services are provided on behalf of Virgin Media Limited (Company No. 2591237), located at 500 Brook Drive, Reading, RG2 6UU ("Virgin Media"), by Likewize UK Limited (Company No. 08401611), with a registered office at Crewe Logistics Park, Jack Mills Way, Shavington, Crewe, CW2 5XF, England ("Likewize"). Together, they are referred to as "we," "us," or "our".

3. Eligibility

3.1. To place a Trade Up order, you must meet the following requirements:

(i) You must be a resident of the United Kingdom.

(ii) You must be an existing Virgin Media customer with an active Freestyle Loan from Virgin Media Mobile Finance Limited.

(iii) You must be the legal owner of the Device or have obtained explicit consent from the rightful owner to Trade Up the Device.

(iv) The Device must not be subject to any previous trade-in or Trade Up agreements.

(v) The Device must not have been purchased from Virgin Media within the past 30 days prior to placing the Trade Up order.

(vi) The Device must not be stolen or listed as stolen by us or any third party.

3.2. As part of the eligibility process, we will conduct a check on the Device using CheckMEND, a service utilized by UK Police forces to trace stolen and missing property. If the Device fails any due diligence check, we may notify the relevant authorities and provide them with the Device and your details. In such cases, the Device Quote as defined in section 4 below will not be used to settle your Freestyle Loan.

4. Placing your Trade Up order

4.1. In order to determine the value of your Device, please provide accurate and truthful information about the Device when placing your order. This includes, but is not limited to, the following details:

(i) The correct brand/make, model, and IMEI number of the Device you wish to Trade Up.

(ii) The condition of the Device you wish to Trade Up, which will be classified as either: (a) a Working Device, meaning all features are in good working order, there is no physical damage to the exterior, and the device can make/receive calls and SMS and has a functional battery; or (b) a Non-Working Device, meaning the Device is not fully functional, but includes a battery, is not crushed or bent, and has no missing components.

The value assigned to your Device ("Device Quote") will be determined solely by Virgin Media, Likewize, or a third-party based on the make and model of the Device.

Device chargers and accessories cannot be included in the return of your Device and have no monetary worth. They do not form a part of the condition of the trade-up process. We will not return these chargers and accessories to you, so we advise you to carefully check the contents of your package before sending it back to us.

4.2. Once you place a trade-up order, the quote for your Device will remain valid for a maximum of 14 days to allow you to complete your order. If the Device arrives after 14 days from the date of the trade-up order, the quote will be updated - refer to section 5.1(ii).

4.3. After you place your order, you will receive a postage pack through Royal Mail free of charge. This pack usually arrives 2-3 working days after your trade-up order is placed. We are not responsible for any lost, stolen, delayed, or damaged postage packs that contain your Device. Sending proof does not serve as receiving proof.

4.4. If we do not receive your Device within 28 days, your trade-up order will be canceled. Please note that your current active Freestyle Loan and any new Freestyle Loan are separate and will continue to be paid as usual and according to the recently provided payment schedule.

4.5. Important Information before Trade Up:

(i) By placing your order and sending your Device, you are unable to cancel your order.

(ii) Before Trade Up, please remove any SIM card and accessories, including memory cards. We are not liable for any consequences if you fail to remove the SIM card or accessories, including any resulting charges. You will still be responsible for these charges.

(iii) It is strongly recommended to back up and store any data, including but not limited to images, messages, and videos, stored on the phone or memory card that you wish to keep before Trade Up. We are not liable for any damage, loss of confidentiality, loss of data, including personal data, or any consequences if you fail to remove your data, including its use or disclosure.

5. Trade Up contributing to your Freestyle Loan

5.1. Once we receive your order, we will determine, at our discretion, whether the description of the Device provided at the time of the trade-up order is accurate and true:

(i) If it is determined to be a true and accurate description, the Device Quote will be used to partially or fully settle your existing active Freestyle Loan.

(ii) If it is determined to be an inaccurate description or if the Device is received after 14 days from the trade-up order and its value has changed, the Device Quote will be invalidated. In this case, a new revised quote ("Revised Value") will be offered to you to partially or fully settle your Freestyle Loan. You will receive an email notification with the Revised Value and you will have 5 days to accept or reject it. If you do not respond, we will assume you accept the Revised Value and it will be used to settle your existing active Freestyle Loan. If you reject the Revised Value, we will return the Device to you free of charge. You have 14 days from your acceptance or rejection of the Revised Value to cancel your new Freestyle Loan.

5.2. Please note that the Device Quote or, if accepted, the Revised Value will only contribute to your existing Freestyle Loan. Any remaining balance on your existing Freestyle Loan must be paid according to the recently provided payment schedule until it is fully paid off. You can make this payment by contacting Virgin Media and using a debit or credit card.

5.3. Payments for your existing Freestyle Loan will not be taken for up to 30 days from the date of your trade-up order to allow us to process your order. After 30 days, your payments will resume and a revised payment schedule will be sent to you via email.

5.4. If the Device Quote or Revised Value is higher than the balance of your existing Freestyle Loan, the difference will be credited to the bank account that you use to make monthly payments for your Freestyle Loan. This credit will be processed within 10 working days.

6. Privacy and Data Protection

6.1. When relevant, any information gathered during the Trade Up services will be processed and stored in full compliance with applicable laws and regulations regarding data protection. The Promoter will make every effort to ensure that data is not processed or stored outside the EEA, or by any third-party organization, except for the administration of the Trade Up services.

6.2. By placing a Trade Up order with us, Virgin Media and/or Likewize may utilize your personal details to reach out to you regarding exclusive deals on products and services that might pique your interest.

6.3. All personal data will only be used according to Virgin Media's or Likewize's privacy policies, which can be accessed here: (i) Virgin Media's Privacy Policy; and (ii) Likewize's Privacy Policy.

General

6.4. We maintain the right to modify these terms and conditions periodically. If any changes are made to the terms and conditions of this Agreement, we will provide notification and make the revised terms and conditions available.

6.5. Ownership of the Device will only transfer to us once we have received the Device and when the Device Quote or Revised Value has been accepted, and payment has been dispatched to you.

6.6. With the exception of 7.6, Likewize, Virgin Media, their affiliates, directors, employees, agents, or licensors shall not be accountable or liable for direct, indirect, special, or consequential damages resulting from the Trade Up Services, including, but not limited to, (a) any technical difficulties or equipment malfunction (regardless of whether under the control of Virgin Media or Likewize); (b) any theft, unauthorized access, or interference by third parties; (c) any part of the Trade Up order or post-order process that is delayed, lost, altered, damaged, or misdirected (regardless of whether after receipt by Virgin Media or Likewize) due to any reason beyond the reasonable control of Virgin Media or Likewize; (d) any tax obligation incurred in connection with the Trade Up; or (e) use of the Trade Up services.

6.7. By placing your Trade Up order, you agree, to the extent permitted by applicable laws, and except as provided herein, to release and hold Virgin Media and Likewize harmless from any and all liability whatsoever for any injuries, losses, or damages of any kind arising from participation in or in connection with the Trade Up, including, but not limited to, acceptance, receipt, use, and/or misuse of the Trade Up services.

6.8. Virgin Media and Likewize retain the right to invalidate any Trade Up order in the event of suspected fraudulent use of the Trade Up services.

6.9. This agreement does not limit or exclude Likewize's or Virgin Media's liability for death or personal injury resulting from our negligence, and it does not limit any other liability that cannot be excluded or limited by English law.

6.10. We are not responsible or liable for the failure to carry out the Trade Up services if, in any way, the Trade Up services cannot be conducted as reasonably anticipated due to any reasons beyond our reasonable control, including, but not limited to, the actions or defaults of any third-party supplier and/or our compliance with applicable laws or regulations.

6.11. This agreement and any disputes or claims arising in relation to it shall be governed and interpreted in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England.