Music magpie

Youngie80

I sent my sons I phone 5 off to the above company when quoted £51 for the broken phone .
I then received a e mail saying phone needed unlocking through I cloud account he has lost all details for that , so I asked for them to return the phone and I will pay postage .
They have told me under there " terms and conditions " it will not be returned ???
Is this legal is it not theft
Advice please

CoolHotCold

Read the T&C

iOS7 ‘Activation Locked’ devices

We do not accept iOS7 devices which have not been removed from iCloud, have Find my iPhone turned on or are subject to any other iOS7 security feature.

If we receive an item which is subject to any of the above iOS7 security features we will inform you of this via email. You then have four days to remove the security features and confirm to us in writing that this has been done. If we do not receive confirmation from you in writing within four days that the security features have been removed we will recycle your device responsibly and for free. If we do receive this confirmation from you within four days we will test your device one more time to confirm that the security features have been removed. If, after testing your device one more time, it is found that the security features have still not been removed we will recycle your device responsibly and for free. If, after testing your device one more time, it is found that the security features have been removed we will assess your device as normal under our standard Quality Assessment process. Please see the link below for instructions to remove iOS7 security remotely:

You understand, accept and agree that any items received by musicMagpie which are subject to any iOS7 security feature and / or are found to be reported stolen, lost or barred do not qualify for our Price Promise offer and / or our free of charge courier return service. It is your sole responsibility to ensure that any items you send to us are not subject to any iOS7 security feature and / or are not reported as lost, stolen or barred.

Once an order is in transit it cannot be cancelled and items cannot be returned.

Eric5765

This is from their terms of service:

iOS7 ‘Activation Locked’ devices

We do not accept iOS7 devices which have not been removed from iCloud, have Find my iPhone turned on or are subject to any other iOS7 security feature.

If we receive an item which is subject to any of the above iOS7 security features we will inform you of this via email. You then have four days to remove the security features and confirm to us in writing that this has been done. If we do not receive confirmation from you in writing within four days that the security features have been removed we will recycle your device responsibly and for free. If we do receive this confirmation from you within four days we will test your device one more time to confirm that the security features have been removed. If, after testing your device one more time, it is found that the security features have still not been removed we will recycle your device responsibly and for free. If, after testing your device one more time, it is found that the security features have been removed we will assess your device as normal under our standard Quality Assessment process. Please see the link below for instructions to remove iOS7 security remotely:

You understand, accept and agree that any items received by musicMagpie which are subject to any iOS7 security feature and / or are found to be reported stolen, lost or barred do not qualify for our Price Promise offer and / or our free of charge courier return service. It is your sole responsibility to ensure that any items you send to us are not subject to any iOS7 security feature and / or are not reported as lost, stolen or barred.

Looks like it's in place to prevent people from sending them stolen phones for easy money, as well as it probably prevents them from being able to properly reset/restore the phone.

Is there no way your son can go through the password reset services or contact Apple to see what they can do? Surely he can remember something about the account/email used for iCloud that can be used to recover it.

Youngie80

But when I sent the phone off I then was sent a e-mail from saying
You recently told us you removed ios7 ???? I never told them that at all !
And my main point is why can't the phone be return it is my property
What sort of terms and conditions are these to say we under no circumstances will return your phone

glentoran99

Youngie80 wrote: »

But when I sent the phone off I then was sent a e-mail from saying
You recently told us you removed ios7 ???? I never told them that at all !
And my main point is why can't the phone be return it is my property
What sort of terms and conditions are these to say we under no circumstances will return your phone

the terms and conditions that you signed up to

marliepanda

When I sold my iPhone (admittedly not to MM) I was sent explicit instructions on how to remove the iCloud function, and reminded many times whilst going through the sale process (putting in imei etc) the instructions were also available on the web page.

I remember being really panicked about it as I knew they would reject if I didnt do it properly and I checked it on my macbook to make sure all my devices were gone. It was made very clear. This was on I am guessing either Mazuma or envirofone. Do Music Magpic not make it that explicit?

CoolHotCold

Then the links take you to http://www.musicmagpie.co.uk/icloud/

Looks pretty explicit to me.

marliepanda

CoolHotCold wrote: »

Then the links take you to http://www.musicmagpie.co.uk/icloud/

Looks pretty explicit to me.

Yup that looks pretty similar to my mazuma/envirofone experience.

arcon5

I'd love to see these terms challenged in court.

Can't for the life of me see a judge ever upholding such a term.

Youngie80

Forget
Terms and conditions if you can prove phone
Yours then it should be returned that is theft no matter what you lot ( prob work for them ) say

wealdroam

Youngie80 wrote: »

Forget
Terms and conditions if you can prove phone
Yours then it should be returned that is theft no matter what you lot ( prob work for them ) say

What??

Would you like to rephrase that?