Terms & Conditions of sales

Please read these terms and conditions carefully before submitting your sell order from our site. You should understand that by submitting an order, you agree to be bound by these ‘terms and conditions’ and our ‘terms of sales.

You should print and keep a copy of these ‘terms and conditions’ and the ‘terms of supply’ for future reference.

Definitions:

Site/website: refers to www.tutezaustralia.com

We/us: Mr Tutez and Tutez Australia

You: the user

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 and our terms of use. Please click on the "How It Works" page for more information.

You must own all rights, title and interests in any device(s) that you send to us. By sending your sell order you declare that you are the true and rightful owner of, and have good title to, the enclosed device(s) and as such, you confirm that you are legally authorised to sell or dispose of this device(s) at your own discretion.

Ownership of the device(s) will pass to us when we receive the devices, in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, a contract will be formed.

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

You may cancel the contract with us at any time up to the time when you send us the device ("cooling-off period"), providing:

•   the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
•   you are a natural person acting outside the purposes of any business.

When cancelling during the cooling-off period, you need not give us any reason for cancelling the contract, nor will you have to pay any administration charges.

To cancel the contract you must notify us in writing.

Other than if the device does not meet our terms and conditions (see below), this contract cannot be cancelled after you have sent your device(s) to us (outside the "cooling-off period").

PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE DEVICE 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 device 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 device to us in breach of this warranty.

•   You agree to provide us a scanned copy or legible photo of a photo ID (passport, Australian driver’s licence and/or proof of age card) matching the details you provided to us.

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.

Devices

All devices must not be activation locked and must be deregistered from any associated accounts. All phones and devices must be on an Australian network or not locked. Phones or devices locked to a foreign network will not be accepted.
Mr Tutez has the right to reject any devices that are from overseas (non Australian model). You understand that you may be offered the option of a lesser value and have the option to accept or reject it.
Battery health is deemed to be normal if more than 80%, and/or less than 800 cycles.

Any stolen, blocked, counterfeit or fake devices sent to us may be reported to the authorities. No payment will be made and the device(s) will not be returned.

If a device fails to meet our terms and conditions we'll propose an adjusted price by email. If you choose to decline our new offer, we are happy to return the device. Some items, including but not restricted to: Bulk items, iMacs, displays, and large items, will be returned at customer's cost. We have the final decision on all device values. Adjusted orders may be automatically processed for payment, and/or deemed abandoned goods, if you do not reply to our proposed offer email within 7 days.

Mr Tutez has the right to reject the initial online trade in offer if the device has found to have missing/aftermarket/non-gneuine parts and/or has been tampered with by an unauthorised repair agent. This includes, but not limited to,  the unauthorised software upgrades also known as “jailbroken” for Apple iPhones and “rooted” for Android phones.

Mr Tutez has the right to reject the initial online trade in offer if the device is heavily bent, different model, and/or cosmetic condition is not as described. You understand that you may be offered the option of a lesser value and have the option to accept or reject it.

By submitting an order through our site you warrant that the device(s) comply with these terms.

Please note:

•   Mr Tutez is a registered Second-Hand Dealer. 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 terms of supply and must be provided when posting your device(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 visit our ‘Removing your data from your device’ page 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 remotely erased, and is locked (including but restricted to iCloud lock, Google lock, PIN, password, passcode, biometrics lock), it may be factory reset and in the process any data will be lost.

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 device. 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.

When your order has been placed, the prices quoted are guaranteed for 14 days from the 'Order Approved' date. (This is the date on which we send you a confirmation letter and Post Paid bag.) If your devices are received after 14 days from the 'Order Approved' date, the up-dated, current prices will apply. This could be disappointing - so to help you, we'll send a reminder email during the 14 day guarantee period.

If your device is as described, Mr Tutez will honour the original quoted price.
If there are any difference to the selected model/configuration, including but not limited to: cosmetic condition, device model, manufacture year, functional issues such as battery health, storage health, screen quality, non-original parts, prior repairs, tampered with; MrTutez reserves the right to make a revised offer.

If I send my device into Mr Tutez without making an order to sell my device on the website ("sell order"), Mr Tutez will attempt to contact you via a letter/email/ or 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 within 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 device(s) back, and we will have the right to offer at the time of contact the "current website price" of the device.

If there are any issues with your device, we will contact you via email and/or phone to make a revised offer.
If we receive no response within 14 days of making the revised-offer, items may be considered as abandoned goods.

Postage

We have various posting options which include a free reply-paid service.
The "free-shipping" option excludes reimbursement for postage and/or packing material paid by the User.

Phones and devices must be packaged in accordance with our packaging instructions to ensure safe and successful delivery to us.

Mr Tutez is not liable for items that may be lost or damaged 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. We recommend to add shipping insurance through Australia Post.

Registered deliveries should be sent to us at Mr Tutez’s Melbourne office:

Tutez Australia

PO BOX 278
Collins Street West
VIC 8007

Please see 'how it works' page for further details.

Payments

We offer an option of bank transfer or PayPal 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 EFT bank transfer , payID bank transfer or paypal , within 48 hours (Monday to Friday working hours apply).

Should you choose PayPal as payment option, the address associated with the PayPal account should match the one provided to us. In the event there is any discrepancies, we may opt to process the funds by EFT bank transfer.

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.

It is the user’s responsibility to ensure that all payment information (PayPal Email Address, Account name, BSB and Account number) are correct. Mr Tutez 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, Mr Tutez is not liable for loss arising from any error in instructions given or by an authorized user.

Events Outside Of Our Control

Mr Tutez 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.

By using this service, agree to indemnify Tutez Australia and its representatives against any loss, claim, demand, liability, damage or expense incurred or any third party arising out of or in connection with:
any misuse of the Goods;
any handling, storage or transport of the Goods;
any act, omission or negligence of the User;
any breach by the User of any agreement between the User and Us;
any representation by the User as to how the Goods will be used; and
any death or injury to any person due, either in whole or in part, to the act, omission or negligence of the User.