Terms and conditions.
Please read these terms and conditions before sending us your device(s) or buying products or using services from DsmTech. You should understand that by submitting an order, you agree to be bound by these terms and conditions.
These terms and conditions have been updated on 27/04/2019 and they are valid until further notice. KDSM Communications Limited retains the right to change these terms and conditions unilaterally and without prior notice.
General terms and conditions.
Parties : These terms and conditions apply between DsmTech [ trading name of KDSM Communications Limited, Company number; 11082740 (henceforth ”DsmTech”)] and its customer (“which may be a “Seller or Buyer”). KDSM Communications Limited is a registered company that manages and maintains Dsmtech.co.uk webstore.
By placing an order with DsmTech webstore you warrant that:
(i) You are legally capable of entering into binding contracts.
(ii) It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an underage third party. We reserve the right not to supply any age-restricted product where we have reasonable belief that a customer is below the relevant minimum age. Where a legal age classification for an item is displayed, by submitting an order, you will be confirming that you are of the legal age:
(iii) You are a resident in the UK...
(iv) You are accessing our site from the UK.
(v) When you register with DsmTech you will need to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should not disclose or provide anyone else with access to your password or login details. If for any reason you believe that your account, login details or password(s) have been compromised then DsmTech must be advised immediately and all reasonable efforts must be made to change these details immediately.
(vi) You are not a company or trading entity or acting on behalf of a company, and are purchasing products from Dsmtech.co.uk for personal use only.
How contract is formed
After placing an order, we will send you an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending an email that confirms that the product has been dispatched. The contract between us will only be formed when we send you the dispatch confirmation.
The Product - “We Buy”
DsmTech provides customers with the option to exchange/trade in their old devices and tech. The “seller” trades their old products and any original accessories of their choosing (charging/data cable, power supply, box”), whereby DsmTech “buyer “has offered a quoted price “indicated price” for product. This will be based on its condition, specifications given by the seller and any original accessories included in the sale. The device must comply with the grading compliance indicators as stated on the “We Buy” online application form on our website.
Condition of products, definitions are as follows:.
Pristine: Product is in new condition. Product is functioning fully, packaging may have been opened to check contents are present. A Pristine product shows very minimal signs of use.
Very Good: Product is in good condition both functionally and cosmetically. The body may have marginal marks of wear and tear, small dents or scratches, but no considerable or numerous marks, scratches, chips or dents on either screen, edges or case. Display has no staingate, light leakage or dead pixels. Battery holds charge.
Good: Product is fully functional but has minor cosmetic defects to the body of the device. There may be wear and tear, minor scratches, dents or chips on the case or edges. The display has light scratches and without staingate, light leakage or dead pixels. Battery holds charge.
Cosmetic defect: Product is fully functional but has severe cosmetic defects to the body or screen. The defects may be large, deep or numerous scratches, dents or chips on the housing or edges, deep scratches on the screen, as well as slight staingate, light leakage or dead pixels. If the screen has severe staingate, chips or cracks the condition may have to be re-evaluated by a team member. Battery needs to be in working condition.
Faulty defective: By way of example but not limited to damage classed as significant includes broken damaged/cracked LCD screens, touch screen faults, chips, severe staingate, severe light leakage, dead pixels. Camera function damage/fault, broken/missing physical buttons. Significant bends to housing or major dents. Charger port damage/fault, Power on fault. Microphone damage/fault, speaker/earpiece damage/fault. Cracked damaged back covers, missing parts. Software which is corrupted or defective. Connectivity fault WiFi /Bluetooth/GPS, Network Signal. In the event that the device is water damaged this must be disclosed. All devices are inspected and tested. DsmTech will not pay indicative value if we find that your device does not comply with its declaration with our terms & conditions. In some cases, values will be zero if mobile phones/devices are beyond economical repair or have multiple faults which have not been declared to DsmTech.
‘Activation Locked’ devices
Please remove any Apple iCloud, Google or Brand specific accounts, as well as your password. We can offer guidance on how you can reset your device to factory settings upon request. In the event DsmTech receives a device with the ‘Activation Lock’ still activated and the seller does not respond within 3 working days starting on the day in which DsmTech emails the seller the ‘Activation Lock’ notification, DsmTech will revise the price to 10% of the agreed price until activation lock is removed. You can choose to accept the revised value or decline it. If you decline, we will return the device, the sale will not progress and our agreement will terminate. Return shipping costs for activation locked devices is to be paid by the seller. DsmTech will not be liable for return postage costs in this instance.
Red Flagged mobile phones/devices
We will check the status of all mobile phones/devices received against the National CheckMEND database (using unique IMEI/Serial number).
If your device is found to have a Red flag by CheckMEND, it must be quarantined for 28 days whilst its status is reviewed. The mobile phone/device will have a red flag if it has been registered as lost, stolen or barred/blocked on the CheckMEND database.
If you are advised that your mobile phone/device has a red flag against it you will need to contact CheckMEND in order to review the status of your mobile phone/device. You will be advised of the procedure required by email from us. The purpose of the quarantine period is to allow the rightful owner the opportunity to have the red flag removed in order that the mobile phone/device can be processed appropriately. If, during the quarantine period the red flag is removed, your mobile phone/device will be processed and paid for in accordance with these terms and conditions and will not be returned.
However, if after the quarantine period has expired the red flag has not been removed then we are required by law to dispose of it and you will NOT receive any payment. UK legislation states that we cannot under any circumstances return the mobile phone/device during this 28 day period unless the red flag has been removed.
If we become aware of any issues you will be required to co-operate with the authorities and we reserve the right to withhold or cancel any payment.
Delivering the Product to DsmTech - “We Buy”
Upon completing the sell request form on the “We Buy” webpage of DsmTech.co.uk an exchange/trade in quote will be generated, the seller will receive an email from DsmTech with an indicated price to trade in old device(s) based on value and condition. If “seller” accepts the indicated price on the email the “seller” must reply to confirm there acceptance of the quote. All quotations are valid for 14days, after this period a re-evaluation will take place. Seller will deliver the device to address provided by DsmTech. Trade in device must be posted and received within 10 days of acceptance of sales order. Postage will be paid by DsmTech on indicated price. All payments are approved and sent to seller once satisfactory receipt of device(s).
DsmTech accepts no liability if item is lost during transit. DsmTech recommends sending devices by using royal mail special delivery, this delivery method is a trackable service which provides insurance cover of up to £500. Seller must keep proof of postage to support any claim. DsmTech also offers a mobile collection service of trade in device(s) where its economically viable to do so subject to location and availability. Collection requests are approved at DsmTech’s discretion.
The Seller is responsible for appropriate packaging of the product and assumes all the risks of the delivery until the product has been received by DsmTech. This applies to ‘returns’,’ we buy’ and ‘we fix’ requests. The product must be sufficiently protected by appropriate wrapping and cushioning. DsmTech shall not be responsible for any damage that occurs during transit.
Other preliminary actions
If the product is enrolled into a Mobile Device Management (MDM) system, the product must be disconnected thereof before selling the product. If the product is bought through Apple’s Device Enrolment Program (DEP),or a leasing programme the product must be removed from said program before selling.
Product check-up and price confirmation
DsmTech informs the seller via email when the product has been received. When the product is received it will be checked, the “Seller” warrants that:
i. They are the owner of the product and that it has been procured legally.
ii. The product has been paid for in full, and that it has not been used as collateral for a loan.
iii. All the information about the product, it’s condition, and ownership provided by the seller are correct.
DsmTech shall not be liable for ramifications or expenses in situations in which “Seller” has breached above conditions.
After the check-up is completed (approximately 1-3 business days), the indicated price will be a confirmed price. Should the confirmed price be the same as indicated price, purchase of product shall proceed to payment phase without further notice. If during check-up process it is determined that product’s condition deviates from Seller’s description & declaration, or product has other defects or deficiencies, original indicated price may be adjusted to an “adjusted price”. Adjustment may be required due to, for example, product’s cosmetic condition deviating from that which “seller” has declared, a component malfunction, or other similar defect. Additionally if original and correct accessories, for example, adaptor, power extension cable, or UK wall adaptor plug are missing or damaged, without prior notice, original indicated price may be adjusted.
DsmTech requests all devices to be factory reset by the ‘Seller’. The seller is responsible for data backup and data erasure before sending device to Dsmtech. During check-up process, all devices will be checked to ensure all data is wiped by seller. All data in the product will be erased. DsmTech is not liable for any direct or indirect damages or economic loss, should there be an error in data erasure. SIM-cards and used screen protectors will be destroyed and disposed of during check-up process.
If product is bought at confirmed price, or Seller has agreed to adjusted price, DsmTech will pay the price agreed upon to the Bank account or Paypal account provided by “Seller”. Payment will be processed within two business days from confirmation of confirmed price or acceptance of adjusted price. Once payment has been made device is legally the property of DsmTech and “Seller” will have no title to the goods.
If payment is made via PayPal and provided PayPal account is set to a currency that requires a currency conversion fee, this fee will be deducted from payment.
Withdrawing from the contract
DsmTech retains the right to withdraw from sale of goods unilaterally and without compensation until payment has been processed. Seller will be informed of possible cancellation via email. Should sale of goods be cancelled, DsmTech will deliver product back to “Seller” via original delivery method to original address provided. Should “Seller “cancel sale, or if DsmTech cancels sale due to the seller’s negligence or due to a significant defect found in the product, DsmTech has the right to return the product back to seller after seller has paid shipping and handling costs to Paypal account provided by DsmTech. Shipping and handling cost is £6.99 for a mobile device & £11.99 for a larger device i.e tablet. If the shipping and handling costs are not paid in full within two (2) months, the product’s ownership is transferred to DsmTech.
Part exchange device upgrade.
Dsm Tech customers have the option to exchange old devices for an upgraded device. The “We Buy” process remains the same however DsmTech will provide a unique voucher code to customer by email once exchange device has been received and inspected. Voucher code can be entered into shopping basket during checkout process via Dsmtech webstore.
I.e If customer traded in a device worth £150 and upgraded to a device which is listed at £350, the voucher code will discount £150 off the order, thus meaning customer will now only pay a difference of £200 during checkout process via shopping cart. A maximum of 1 code per transaction is permitted.
The Product - “We Sell”
Products sold by DsmTech are sold in line with the ‘quality classification’. DsmTech applies a four-step quality classification to products: Pristine, Very Good, Good Condition and Cosmetic Defect defined below. You acknowledge that products sold by us, pursuant to the contract, will be pre-owned unless stated as brand new.
Pristine: Product is in new condition. Product is in functioning fully, the packaging may have been opened to check contents are present. A Pristine product shows very minimal signs of use..
Very Good: The product is in good condition both functionally and cosmetically. The body may have marginal marks of wear and tear, small dents or scratches, but no considerable or numerous marks, scratches, chips or dents on either screen, edges or case. Display has no staingate, light leakage or dead pixels. Battery holds charge.
Good: The product is fully functional but has minor cosmetic defects to the body of the device. There may be wear and tear, minor scratches, dents or chips on the case or edges. The display has light scratches and without staingate, light leakage or dead pixels. Battery holds charge.
Cosmetic defect: The product is fully functional but has severe cosmetic defects to the body or screen. The defects may be large, deep or numerous scratches, dents or chips on the housing or edges, deep scratches on the screen, as well as slight staingate, light leakage or dead pixels. If the screen has severe staingate, chips or cracks the condition may have to be re-evaluated by a team member. Battery needs to be in working condition.
Each product listed on our webstore will have product specifications and classifications on the individual product page.
Condition will be defined on listing alongside colour, internal memory and network lock status. DsmTech will always endeavour to have the correct specification details for each product. In the event of an error, DsmTech is not liable for any errors or omissions of any technical specifications of the product and shall retain the right to change said specifications without prior notice.
If an item is sold out or not available on DsmTech webstore, DsmTech offers the opportunity for customers to register an interest for particular products via our stock notification tool. DsmTech will endeavour to make contact with the customer when said item is available or likely to become available in the warehouse. DsmTech cannot guarantee that all items will become available but will try to supply customer requests where possible.
DsmTech provides a 6 month warranty on Smartphones & Tablets devices and smart swatches.
What is covered?
• Manufacturing defects
• Technical defects
What is not covered?
• Accidental damage
• Wear and tear is NOT covered
• Damage caused by negligence
• Damage to screens, fascias and surrounds (including. fading and discolouration)
• Liquid damage
• Batteries as these are a perishable item and naturally discharge overtime
• Issues caused by third party software
• Issues caused by unlocking your device
• Any components added since the item was originally sold to you
Making a claim
To submit a claim; email firstname.lastname@example.org your original receipt, order number and contact details. We will contact you and send instructions on how to return your device to complete a warranty claim. Upon receipt of item to DsmTech it will be inspected by a technician.
When a device is dispatched from our warehouse every effort is made to ensure it is packaged appropriately. Devices sent via our couriers will come with tracking information. DsmTech uses Parcelforce & Royal Mail as a delivery method. Dispatch confirmation email will be sent to customer when item is in transit containing all relevant details. Shipping and handling costs vary dependant on product, cost of which will be displayed in your shopping cart during checkout process in webstore. When purchasing a device it can take up to 1-5 business days to arrive. (We allow a time scale of up to 7 business days during peak periods.) Every effort is made to send purchases in a timely manner.
Our mobile TechTeam can deliver items direct to customers where it is economically viable to do so, subject to location and availability. Delivery requests are approved at DsmTech’s discretion.
Payment, Price and terms
The price of products will be as stated on DsmTech webstore. Prices are liable to change at any time, but changes will not affect orders that have already been sent with dispatch confirmation email. All payments from customers are to be made by PayPal or Bank Transfer to Dsmtech (which is the trading name of KDSM Communications Limited). If customer is making payment by PayPal their terms and conditions are outlined with the Paypal / PayPal credit transaction.
Our site contains a large number of products and it is possible that, despite our best efforts, some of those listed on our site may be incorrectly priced. We are under no obligation to provide the item to you at the incorrect price if pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
Payment for all items ordered must be by credit, debit card or PayPal account. We accept payment with active UK PayPal accounts and most major types of credit card except American Express at this time. We charge your credit, debit card or PayPal account when you have completed your transaction online and thereby submitted an offer to buy products.
You confirm that the debit card, credit card or PayPal account being used to complete a purchase via DsmTech Store is your own. All credit/debit cards and PayPal accounts are subject to validation checks and authorisation by the card or account issuer. If the issuer of your payment card/PayPal account refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Our Returns Policy
In line with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a 14 day cooling off period from the date of receipt of the goods. Should you wish to exercise this right, you must email us within the cooling off period stating that you wish to cancel the contract.
When you return a product to us, you have cancelled contract between us within the 14 day cooling off period. We will process a refund due to you as soon as possible and, in any case, within 30 days from the day you have given notice of your cancellation (subject to us having received product back from you in satisfactory condition).
In this case, we will refund the price of the item in full of sending the product to you. However, please note that you will be responsible for the cost of returning the item to us. You have a legal obligation to take reasonable care of the products whilst they are in your possession and if you fail to comply with this obligation, we may have a right of action of you for compensation.
Consumer Rights Act 2015
• When you return a product to us because you claim that the item is defective, we will examine the returned product and notify you of your refund via email. If we agree that the product is defective, we will process a refund due to you as soon as possible and, in any case, within 7 days of the day we confirmed to you via e-mail that you are entitled to a refund.
Products returned by you because of an agreed defect will be refunded in full.
• If the goods delivered are not what you ordered or are damaged or defective you must notify us within 7 days of delivery receipt of item.
• When you return a product to us because you claim that it has been damaged in transit, you should also return the packaging in which it was delivered, together with any notification of damage or evidence which you may have received from the postal service who delivered it. We will examine the items to assure ourselves that we believe the damage, which it may have sustained, is consistent with the sort of damage which could occur during transit, and will notify you of your refund by email. You will not have any right to cancel a contract for the supply of any of the products if the tamper-proof seal on them has been broken (if applicable).
• If you do not receive goods ordered by you within 14 days of the date on which they were despatched to you, we shall have no liability to you unless you notify us in writing at our contact address of the problem.
• In all cases, any refunds to you will usually be made using the same method originally used by you to pay for your purchase. If goods are returned and need to be refunded, no other costs will be refunded. This includes, but is not limited to any network provider costs.
Price saver challenge
Guidance Information on our site does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. If we mention companies on our site, we usually do so because of their attractive offers. As a general policy we don't vet them on the level of their customer service nor investigate their solvency status or any other aspect of that business. Given that the impact of any information expressed on our site can vary widely based on your particular circumstances, you should always carry out your own research into the product that is of interest to you.
The Product - “We Fix”
DsmTech offers a repair service for damaged/faulty or defective devices. Upon completing the repair request form via “We Fix” page on our website. DsmTech appraise repair costs and reply back to customers via email with a repair quotation.
If customer is happy with quotation offered, repair can proceed once product is received by DsmTech. Customer sends device to DsmTech to address provided.
Upon receipt of device, diagnostic check & inspection will commence to check details of device match declaration on “We Fix” form. If it is identified that fault or condition deviates substantially from the “We Fix” form completed, DsmTech may need to re-evaluate repair quotation. If item is defective/faulty, actual faults and condition must have been declared on the “We fix” form. This information is entered by customers therefore we request care is taken to ensure its accuracy.
Where it is not economically viable to repair/fix a device, customers will be offered an alternative solution such as; trading in faulty/defective device for parts. Customer will be supplied with a unique voucher code to the value of the traded in device if buying a replacement device. Or a payment will be made to customer by PayPal or bank transfer if customer chooses this option. If customer chooses to decline such request, device will be sent back to customer. Customer is responsible for return delivery costs if customer does not wish to continue with the repair.
DsmTech accepts no liability for customers personal data on their device(s). This data is solely the responsibility of the customer. It is always recommended to have a secure passcode or lock to secure such personal data on device. It is the customers responsibility to back up their own personal data. Certain repairs require a factory data reset to be performed. DsmTech will contact customers first if a data reset is required to assist resolving a repair. DsmTech may repair the products with other manufacturer-certified replacement parts therefore there is potential for data to be lost from devices dependant on the fault or defect.
DsmTech offers a tech team service for customers. This service is used to support and educate customers. Tech team is a chargeable service at £15 per hour.
We can provide assistance in setting up cloud solutions for your data, we do not store nor do we have access to your data. Only you can access this data by using a login and password which you have created. We provide tutorials so customers can optimise the use of their tech to suit their individual requirements.
iPhone®️, iPod®️ and iPad®️ are trademarks of Apple, Inc. All other trademarks are the property of their respective owners. DsmTech and its products are not affiliated with Apple, Samsung, Huawei, HTC, Sony, Nokia, Motorola or Vodafone uk, O2 uk, EE uk, Three uk, or any of its subsidiaries or any other manufacturer listed on our website. DsmTech is not affiliated with third party website offers, DsmTech makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the listing or the information, products, services, or related graphics contained on it's website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We will not be held responsible for any misuse or misrepresentations of our products conducted by buyers.