LETTER BEFORE ACTION Help

Alderbank

the_lunatic_is_in_my_head said:

Ergates said:If the OP did get the email but didn't respond to it (maybe assuming it was spam because they didn't believe they' sent the phone in for trade) then they seem to have accepted the trade in.

Acceptance can be many things, a handshake, a nod of the head, a signature, or it can be whatever the two parties mutually deem it be, if the agreement is acceptance occurs when the two parties meet at the top of mountain under a full moon and sign YMCA together then a contract isn't formed until that happens.

However, generally acceptance can't occur through inaction or silence, whilst there are some exceptions I don't believe they apply in this type of case. 

https://www.lawteacher.net/lectures/contract-law/formation/acceptance/ 

Samsung's partner here is Back Market.

BM don't appear to publish online the full T&Cs of the contract process in association with Samsung, but they do publish in detail the process where a consumer approaches them directly or via other intermediaries.

It's here: https://www.backmarket.co.uk/en-gb/legal/terms-of-trade-in

There are differences such as some of the time periods and email exchanges are different but the legal processes might be similar.
Legal details such as when offer and acceptance occurs are clearly laid out.

Your general advice about basic contract law is useful and helpful for the OP. However until the OP shares the full T&Cs of their BackMarket/Samsung contract with us, I don't think we can give any useful specific advice.

the_lunatic_is_in_my_head

DefeatDsys said:

this is an email from Backmarcket trad in

24 Sept 2025, 18:11 CEST

Hello xxxxxxx,
 
Thank you for your message.
 
I have reviewed your file and noted that the seller sent you a counter-offer on 23/07/2025. I would like to remind you that you were informed that if we did not receive a response from you before 08/08/2025, the counter-offer would be automatically accepted, which is indeed the case.
 
At this stage, I am afraid we cannot retrieve the device or return it to you, as the seller has already processed the payment.
 
In this context, we recommend that you add the necessary information so that you can receive your payment. Please:
 

1.     Log in to your Back Market customer account

2.     Click on "Trade-ins"

3.     Click on "Add payment information"

Please carefully verify that the information is correct so that the money is properly transferred to your bank account

@DefeatDsys I think you need to change tact here, the agreement for trade in via Black Market is here:

https://www.backmarket.co.uk/en-gb/legal/terms-of-trade-in

Although BM appear to be a French company they state the terms are governed by English law and you simply need to argue that acceptance can not occur through silence as per Felthouse v Bindley [1862] EWHC CP J35 and as such a contract has not been formed for the sale of the phone.

Too lazy to read the full terms but I presume BM are a marketplace and the contract for the trade in is between you and Samsung whilst being governed by those terms. Samsung are very unlikely to go to court for £500, you just need to push your argument further up the chain until it reaches someone with the power to act accordingly.

If they claim they can't return your phone to you (because they've sold it or whatever) @A_Geordie might have something to say on this and they might have more insight on the above case law. 

I would keep this simple, you put in a request to trade in an iPhone, sent a Galaxy in error, the counter offer was never accepted, the Galaxy should be returned to you (possible at your cost) or they cover the cost of replacing it like for like if they can't return it. 

visidigi

Just a comment here, because this is all caused by the OP sending and the company doing.

The Samsung phone was broken. It was going in for repair. So it looks like the £25 is the broken value of the phone. And the site has notified the OP.

The OP is treating this phone like it was fixed in its value, it was broken. so its worth alot less. About £25 apparently.

DefeatDsys

That was through the email. also I have been on holiday all august and before I left to holiday I told them that I am going as I was worring about them sending the phone while been away.

visidigi

DefeatDsys said:

That was through the email. also I have been on holiday all august and before I left to holiday I told them that I am going as I was worring about them sending the phone while been away.

You're acting like this is all someone else's fault here. You've ultimately sent a broken phone to a company which recycles used/broken phones and also gone on holiday within a matter of days of doing so for a month.

You can't write the letter you have on the first page - its just not a true reflection of what has actually happened here.

Ergates

the_lunatic_is_in_my_head said:

Ergates said:If the OP did get the email but didn't respond to it (maybe assuming it was spam because they didn't believe they' sent the phone in for trade) then they seem to have accepted the trade in.

Acceptance can be many things, a handshake, a nod of the head, a signature, or it can be whatever the two parties mutually deem it be, if the agreement is acceptance occurs when the two parties meet at the top of mountain under a full moon and sign YMCA together then a contract isn't formed until that happens.

However, generally acceptance can't occur through inaction or silence, whilst there are some exceptions I don't believe they apply in this type of case. 

https://www.lawteacher.net/lectures/contract-law/formation/acceptance/ 

If the first mention of the "if we don't heard from you in X days we'll consider you to have accepted the offer" is in the communication following the offer then I'd agree.

However, if the terms and conditions included this:
"7.3 If the Individual has complied with the requirements in article 6.2.1 but fails to respond to the Refurbisher’s second offer, BACK MARKET will send reminders three (3) times over a period of fourteen (14) calendar days. Once the reminders have been sent and the period is completed, if the Individual still has not responded, they will be deemed as having implicitly accepted the second offer made by the Refurbisher. The Refurbisher will pay the amount of the second offer to the Individual. "
and the OP accepted these terms then that would be "whatever the two parties mutually deem it be" for that scenario.

Which comes down to :   What terms did the OP actually accept, and did the trade in company fulfil all their parts of the agreement (i.e. send all the messages/warnings they said they would).

DefeatDsys

@Ergates, checked my email. I have received the couteroffer email once, but I must have ignored it as I had no plan to sale the iphone for 25 pound. but how company is expecting iphone then receive the samsung foldz and still proceess the transaction.

visidigi

DefeatDsys said:

@Ergates, checked my email. I have received the couteroffer email once, but I must have ignored it as I had no plan to sale the iphone for 25 pound. but how company is expecting iphone then receive the samsung foldz and still proceess the transaction.

Because thats what you sent them - and there must have been something on or in the envelop which linked your package arriving and the offer being made to the correct customer. Quite often they will get devices sent in in addition to something requested - its not explicit with these recycling businesses.

Ergates

DefeatDsys said:

@Ergates, checked my email. I have received the couteroffer email once, but I must have ignored it as I had no plan to sale the iphone for 25 pound. but how company is expecting iphone then receive the samsung foldz and still proceess the transaction.

And do you have any mail (or anything else) that describes the terms you have agreed to when you first engaged the company with the idea to trade in the Iphone?

i.e.:  Had you previously already accepted the terms about the implicit acceptance.   If you can't find any such email/piece of paper - do you remember what you did to start the process?  (e.g. which website you went to, what did you click etc) - repeat that and see what T&Cs you would have accepted for that.

DefeatDsys

visidigi it was sent by mistake. in first place I was thinking that all my correspendance is with back marcket.