Terms of Use

Terms and Conditions

Kindly allow the opportunity to welcome you to our platform remarkyt.com (“Platform”). We, MERCANTILE ELECTRONICS UK LTD are a company incorporated under the laws of The United Kingdom. We own and operate the Platform, for selling used phones to You.

In the subsequent paragraphs, You will find the terms and conditions (“the Terms”). The Terms define the conditions and the manner in which You may avail our services through the Platform. The Terms comprise of the following:

  1. Usage Terms;
  2. Purchase Terms; and
  • Privacy Policy.

These Terms and Conditions (“Terms”) governs your usage of the website.

  1. Acceptance of the Terms
    • Kindly note that the acceptance of the Terms, more specifically Usage Terms, Sale and Purchase Terms and Privacy Policy, may differ on account of use, applicable laws and the transaction related to the sale and purchase of the Products. As an instance, Your acceptance of the Privacy Policy shall be in the manner expressly stipulated by the applicable laws. This Clause shall detail the manner of the acceptance of the specific terms forming part of the Terms.
    • Usage Terms: You accept the Usage Terms, and agree to be legally bound by the same, by accessing/ browsing the Platform. Kindly note that the Usage Terms shall continue to apply notwithstanding, Your (a) acceptance or (b) refusal to accept or adhere to Purchase Terms. In the event you do not agree to the Terms, you may close the Platform and stop accessing it. Your continued access to the Platform shall be deemed to be your acceptance of these Terms.
    • Purchase Terms: Purchase Terms shall apply to You, in the event You opt to Purchase any Products through the Platform. At the cost of repetition, the Purchase Terms shall apply in addition to the Usage Terms.
    • Privacy Policy: You may be required to accept the Privacy Policy in the manner specified in the Privacy Policy. You may be aware that the Privacy Policy aims at protecting Your Private Information, which You may provide to Us during the course of availing our Services through the Platform. Detailed Privacy policy is provided at remarkyt.com/pages/privacy-policy
    • In the event, jurisdiction where you are situated, require you to provide express acceptance to the Privacy Policy, you shall be required to provide express consent to the Privacy Policy. For the sake of clarity, any person accessing this Platform from any of the member states of the European Union shall be required to give his consent in the manner specified in the Privacy Policy.
  2. The Platform

For the purposes of these Terms, the term Platform shall also include associated software, web interface, Application Programming Interface (“API”), processes, network and the ancillary services associated with the Platform.

  1. The Services

For the purpose of these Terms, Services shall mean the access of the Platform, for browsing without purchase, or purchasing the Products and all the ancillary actions related to the said purchase, supported through the Platform.

  1. Competence

You confirm that you are:

  1. above 18 (Eighteen) years of age, or above the age of majority as per the applicable laws in your jurisdiction;
  2. not of unsound mind and do not suffer from any infirmity which, as per applicable laws, does not entitle you to give your consent to these Terms; and
  • not prohibited by applicable laws or any contract, from accepting these Terms.

USAGE TERMS

  1. Use of the Platform

You shall use the Platform solely for the purpose of availing the Services. You shall not use the Platform:

  1. For a purpose prohibited under applicable laws;
  2. Copy any document, picture or in general any content on the Platform;
  • Reverse engineer the executable programs or codes on the Platform;
  1. For an illegal purpose;
  2. To cause any interference to the use of Platform by other person;
  3. To introduce any virus or software causing damage to the Platform;
  • Violate any intellectual property rights pertaining to any third party, or owned by/ licensed to Us;
  • By acting in a manner which is defamatory, libellous, threatening, or causing harassment to any person including (a) Us, our employees, agents, representatives, consultants or any other person associated with Us; (b) other users of the Platform; or (c) any other person who may or may not be associated with the Platform either as a user or a service provider.
  1. Engage in any fraudulent activities;
  2. Use any electronic means to download any data, access any information which you are not authorised to access under the Terms; or
  3. Any other purpose which is impliedly or expressly barred under the Terms.
  4. Use of the Platform
    • Subject to your adherence to the Terms, We hereby grant You the right to use the Platform on non – exclusive basis, specifically to available the Services and all matter ancillary to the same.
    • You shall not use the Platform through any interface not permitted by Us.
  5. Your Account
    • Kindly note that in the event You do not wish to purchase any Products, then You will not be required to create Your account. In which case, Your access will be limited to browsing the Products and to view the contents of the Platform and the Usage Terms shall continue to apply in the said scenario.
    • You will need to create Your account, to keep track of all Your purchases, wish list, transaction history and follow up on Your orders. In order to create Your account, You will be required to complete the following steps:
  6. Go to Homepage;
  7. Click on Sign Up;
  8. Fill up the information requested on sign up page, which are name, Email ID and password.
  9. Read the Terms and Conditions; and
  10. Click “Agree and Continue”.
    • You shall have the right to open only one account. You shall ensure and confirm that the account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your account information on the Platform. In the event we have a reason to believe that you have provided inaccurate, wrong, or non - current details; or have opened multiples accounts, we shall have the right to delete your account/s or deny access to the said accounts. Provided we will notify you before deleting or blocking your access to the said accounts.
    • Updating Account Details: Kindly note that right to creating the account also includes making modifications to the same, for scenarios like updating contact details etc.
  11. Updating Password: If You need to update Your password, please click Forgot Password on the Login Page. You will be required to enter necessary details. You will be required to enter OTP received on Your email id or mobile number to update Your account.
  12. Updating Email ID: You may update Your email by accessing Your account, as per the instructions provided in Your account.
    • You shall also have the right to delete Your account, as per Your discretion. In order to delete Your account, you will be required to email us at support@remarkyt.com, along with the reasons for the deletion. We do not suggest deletion of the account, if there is an active order or warranty. In such scenarios You may access to the details said order.
    • You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Us of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. We will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Us or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
    • You understand, acknowledge and confirm that the Account should be created on individual basis. You shall not be entitled to use the account of any other person to avail Services from the Platform. Use of any other person’s account for availing Services is expressly prohibited.
  13. Purchase Terms

These Purchase Terms shall apply in the event You purchase any Products from Us through the Platform. The Purchase Terms are stipulated in the succeeding Clauses.

  1. Products and Grading

As stated above, we sell Used and Graded mobile phones through the Platform. The Products are tested, checked and graded. Further, data on the Products are wiped, network is unlocked and SIM card functionality is checked, prior to the use of the Product. As a caveat, We would like to communicate that a used and graded phone is fully functional but may contain some wear and tear. Hence, You agree that the Products are sold on “AS IS WHERE IS BASIS”. Please visit remarkyt.com/grading for more information.

 

  1. Order, Invoice and Payment
    • You will be required to place Your Order through the Platform. In order to place Your Order, You will be required to login to Your account. Post the same, we will confirm Your Order and issue invoice with the price of the Products/s and the applicable taxes thereon. The invoice shall be visible to You on the Platform.
    • Our payments are through safe and secure PCI – DSS compliant payment gateway, which ensure safe transaction to our customers. which  via credit and debit card, Apple Pay, Paypal, Shopify Payments. Once, You may make the payment, through the Platform, Your order will be confirmed. Post the same, You will receive a confirmation mail, at Your registered email id. In the event You do not receive the Confirmation Mail, please write to us at support @remarkyt.com, with the details of Your Order, including details of the payment made.

 

  1. Delivery of the Products
    • We deliver Products, to You through our delivery partners. The delivery date of the individual Products, will be communicated to You, at the time of confirmation of the order. Further, You will receive the same, through the Confirmation Mail. Kindly note that while our endeavour is to deliver Products to You as per the schedule, there may be delays, for reasons beyond our control.
    • The Products will be delivered at the address specified in Your account. In the event You need to get the Product delivered at an address different from the specified in Your account, You will be required to enter the said address. Kindly note that You shall be solely responsible for entering the correct details to facilitate the delivery of the Products.
    • The risk and ownership of the Products shall be transferred to You as soon as the Products are delivered to You.

 

  1. Product Defect & Refund
    • You may return the Products if (a) the Products are fault, (b) Products is DOA, or (c) wrong Product has been shipped to You.
    • Wrong Product: In the event You have received a Wrong Product, please write to us at support@remarkyt.com, within 24 (Twenty Four) hours of receiving the Wrong Product. Kindly note that Wrong Product may be returned only when (a) original packing is intact, and (b) product box is unopened.
    • Faulty Product or DOA: There are very little chance for Our Products to be Faulty Products or DOA. However, should You receive such Product, please write to us at support@remarkyt.com, with all the necessary information, within 24 to 48 hours of the receipt of the Products by You. Our team will help You and provide You with a solution, post the receipt of Your email.
    • You will be required to return the Product (Wrong Product, Faulty Product or DOA), as per the instructions provided by our team members. Once, we validate that the Product/s are Wrong Product, Faulty Product or DOA, we will imitate a refund of the price paid by You. In the alternative, we may offer You credits, which You may utilise for Your purchases on later date.

        

  1. Return & Refund
    • In addition to the return of Products, details in Clause 12 for Wrong Product, Faulty Product or DOA, we provide 30 (Thirty) days no question asked return policy for P1+, P2+, P3+ and P4+ graded Products. You may make a return request for such Products only after 7 days of the receipt of the Products by You.
    • You will be required to request the return through an email at support@remarkyt.com. On receipt of Your mail, Our team will send return merchandise authorization form (“RMA Form”) to You. The said form, will include details like the IMEI numbers, or tablet serial numbers. The RMA forms must be completed and emailed within 7 (Seven) days of the return request. Please note return request is permitted per order, i.e. You will be required to mention all the devices, You wish to return for that particular order.
    • Kindly ensure that barcode of the said returned devices remain intact. In the event the barcode is tampered, we will not allow return of the said devices.
  2. Services

You may review the procedure of the Services at by browsing through our website.

  1. Representation and Warranties
    • By accessing the Platform, you represent and warrant to Us, as follows:
  • You are not barred under applicable laws or contract from agreeing to these Terms;
  • You will abide by these Terms and the terms and conditions applicable by implications, arising from the use of the Platform, the purchase of Products; and
  • You will abide by these Terms and the terms and conditions applicable by implications, in relation to the purchase of Products.
    • We represent and warrant to you as follows:
  • We are not barred under applicable laws or contract from agreeing to these Terms; and
  • We are duly authorised to consent or agree to these Terms.
  1. Warranties and Disclaimers
    • We deploy commercially reasonable level of skill and care, while providing our Services. We does not make any specific representations or commitments regarding the Products showcased on the Platform. Unless specified for certain class or kinds of products, the description, as provided by the manufacturers of the products shall apply along with the specific warranties provided by the manufacturers.
    • To extent permitted by applicable laws, we hereby disclaim all liabilities with respect to merchantability or fitness of purpose.
    • We provide access to the Platform on commercially reasonable basis. However, we do not represent or warrant that the access to the Platform may be interrupted due to various reasons including telecommunication failure or in pursuance of a government directions etc. In this regard, We disclaims all claims and liabilities arising from loss arising to you or claims raised by you with respect to the said disruption in access to the Platform.
  2. Limitation of Liability
    • We shall not be liable for any loss of (a) profits, (b) business opportunity, revenues, (c) data, or (d) or any other indirect, special, consequential, punitive or exemplary losses, on account of the use of the Platform and the services.
    • Subject to Clause 11 .1, and to the maximum extent permissible by law, Our liability under the Terms shall not exceed, the amount paid by you for the provision of Services.
  3. Intellectual Property Rights
    • Unless expressly stated herein, We own the copyright in all materials, data, information, software/ program and any other document contained in or a part of the Platform (“Copyright”). Unless expressly specified herein, We has not granted you any license or right to use the Copyright.
    • We grants the license to you for using the Platform solely to purchase the Products. For the sake of clarity, We does not own any copyright, patent or trademark in the materials, data, information, software/ program and any other document, developed by the manufacturers of the Products and displayed on the Platform (“Third Party IPR”).
    • We own trademark, tradenames, signs and other marks (“the Trademarks”) displayed on the Platform. Display of the Trademarks on the Platform does not grant any license to you for using the Trademarks. The trademarks, tradenames, signs and other marks displayed on the Products belonging to third parties shall continue to be owned by such third parties (“Third Party Trademarks”). We do not claim any ownership over the Third-Party Trademarks.
    • Unless expressly specified herein, You shall not reproduce, adapt, modify, display, perform or distribute any text, program/ software, image or any data in which Copyright or copyright contained in Third Party IPR in any manner whatsoever.
  4. External Links

The Platform contains links to third party websites. We does not make any representation or warranty with respect to the accuracy of the information contained in the said websites. Further, We does not represent or warrant that the third-party websites will be free from errors, virus or any computer contaminant which may harm or adversely impact your computer resources. In the event you use access websites by clicking a link or banner on the Platform, same shall be at your sole risk and you shall be solely responsible to comply with their terms and conditions and the applicable local concerning the use of such third party websites.

  1. Assignment

Save as otherwise provided herein, the benefits and obligations conferred by these Terms upon each of the Parties are personal to that Party and shall not be, and shall not be capable of being, assigned, delegated, transferred or otherwise disposed of.

  1. Force Majeure

We shall not be responsible for any delay resulting due to “force majeure” events defined as any event beyond reasonable control of either party including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, Acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government, etc.

  1. Entire Terms

These Terms (together with any documents referred to herein) constitute the whole agreement between the Parties and supersedes any previous agreements, arrangements or understandings between them relating to the subject matter hereof.  Each of the Parties acknowledges that it is not relying on any statements, warranties or representations given or made by any of them relating to the subject matter hereof.

  1. Variation

No variation or amendment to these Terms shall be effective unless in writing signed by you and We. Provided however, that We shall indicate the amendment to the Terms and Conditions by placing such amendments on the Platform. We shall not be liable to individually notify you regarding the amendment of the Terms.

  1. Waiver

No failure or delay by any Party in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.  Without limiting the foregoing, no waiver by any party of any breach of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

  1. Severability

If any provision or part of a provision of the Terms or its application to any Party, shall be, or be found by any authority of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms, all of which shall remain in full force and effect.

  1. Governing Law and Jurisdiction

These Terms is governed and shall be construed in accordance with the laws of The United Kingdom. Courts in [insert jurisdiction], shall have exclusive jurisdiction over matters and disputes, arising under these Terms.