Trade-in T&Cs

Alchemy Telco Solutions Limited | Trade-In Terms and Conditions

We, Alchemy Telco Solutions Limited (“Alchemy”, “we”, “us”, “our”), are a limited liability company incorporated in the Republic of Ireland with No. 595997 having its registered office and principal place of business at Monasterevin Road, Kildare Town, Kildare, R51 A262, Ireland.

These Terms and Conditions https://www.wearealchemy.com/apple-trade-in-tcs-ie, together with our Privacy Policy https://www.wearealchemy.com/privacy and Apple Trade In Terms and Conditions available at https://www.apple.com/uk/legal/sales-support/trade-in/uk/, apply when trading in a Device via Apple’s website https://www.apple.com/ie/ (the “Terms”).

With Alchemy Trade-In you can trade in your old Device in exchange for credit to help cover the cost of a new Apple Product. When trading in your Device, you will be contracting with Alchemy Telco Solutions Limited. When purchasing a new Apple Product you will be contracting with Apple. It is your responsibility, prior to participating in the Trade-In (“Trade-In”), to read these Terms carefully to understand your rights and obligations. By trading in your Device to Apple via the Apple Website https://www.apple.com/ie/ or in a participating Apple store, you agree to be bound by these Terms. We recommend that you save a copy of these Terms for future reference.

You understand that Alchemy offers the Trade-In as a commercial partner of Apple and that portions of the Trade-In are managed by Apple. Your contract to purchase an Apple Product is with Apple. You agree that any information that you provide to us, including but not limited to information with respect to your Trade-In Order or your Device, may be disclosed by us to Apple. Such disclosure is necessary to enable us to perform our obligations to you under the Contract. The transfer of data to Apple will be undertaken in accordance with our obligations under the Data Protection Laws. The Trade-In is provided by us as an independent contractor. Apple is not a party to the Contract and you shall have no recourse or cause of action against Apple arising from any breach of the Contract or use of the Trade-In.

When you enter in the Trade-In with Alchemy, Apple hereby disclaims and excludes any and all warranties of any kind, express or implied in relation to your Contract with us. By using the Trade-In, you hereby release Apple and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of the Trade-In and our services, including, without limitation, incomplete or completed transactions and any claims or disputes between you and Alchemy.

The Trade-In may only be availed of by Customers, not businesses.

We reserve the right to make changes to these Terms at any time. Each time you wish to participate in the Trade-In, you should review the then-current Terms https://www.wearealchemy.com/apple-trade-in-tcs-ie. We may terminate the Trade-In at any time, provided however that if you have a Trade-In Order that is in progress at the time of termination, we will provide you with notice of the termination and advise you of any impact on your Trade-In Order.

1. DEFINITIONS AND INTERPRETATION

“Apple” means Apple Inc., a California corporation, the entity which manages aspects of the trade-in transaction, including but not limited to hosting the Website link and governing the terms of the Trade-In, if your Trade-In Order is made via the Apple Website. References to Apple shall be deemed to include any and all members of the group of companies of which Apple forms part within the meaning of Section 8 of the Irish Companies Act 2014.

“Apple Product” means iPhone, Mac, Apple Watch or iPad.

“Apple Store” means a physical retail store where a Consumer purchases Apple Products and submits a Device for Trade-In.

“Business Day” means a day when banks are open for business in the Republic of Ireland.

“Cancellation Right” means the right of a Consumer to exercise a right of withdrawal from a distance or off-premises contract under Chapter 5 of Part 5 of the Consumer Rights Act 2022 or Article 9 of EU Directive 2011/83.

“Consumer” means a natural person acting for purposes outside his or her trade, business, craft or profession, in accordance with the definition set out in the Consumer Rights Act 2022 (No.37 of 2022).

“Contract” shall mean the contract entered into between you and us in accordance with clause 5, if any, which incorporates these Terms by reference (and you agree to be bound by the Terms even if your Device is rejected and thereafter returned to you).

“Credit”/”Trade-In Value” means the value attributed to your Device by Apple acting on our behalf.

“Customer” means a Consumer using the Trade-In and selling a Device, agreeing to these Terms and Conditions.

“Data Protection Laws” means the General Data Protection Regulation EU 2016/679, the Data Protection Acts 1988 – 2018 and any corresponding provisions having legal effect in the jurisdiction in which you are habitually resident or domiciled.

“Device” means any device which is eligible for the Trade-In, as determined by Apple and Alchemy from time to time, it being understood and agreed that not all products are eligible for trade in.

“Fake Devices” means devices that are manufactured to resemble products made by another company and are in breach of that company’s Intellectual Property Rights.

“Force Majeure Event” means any unforeseeable circumstance outside a Party's reasonable control, including but not limited to: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law, statute, rule or regulation or any action taken by a government, regulatory or public authority, including the imposition of an export or import restriction, quota or prohibition on trade or sale; (f) collapse of buildings, fire, explosion or accident; (g) extended electronic system or software crashes; and (h) extended interruption or failure of utility service, but specifically excluding any labour or trade dispute, strikes, industrial action or lockouts.

“Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Lost, Blocked or Stolen Devices” means devices that have been reported as either lost, blocked or stolen in any of the stolen asset registers maintained by service providers including but not limited to GSMA Device Check.

“Trade-In Order” has the meaning set out in Clause 2.3

“Trade-In” means the programme under which Customers may sell Devices to Alchemy through participating Apple retail channels or the Apple website and receive credit towards the purchase of an eligible Apple Product.

“Waste” and “Hazardous Waste” have the respective meanings as set out in Article 3.1 and Article 3.2 and Annex III of the Directive 2008/98/EC of the European Parliament and of the Council. For the purposes of these Terms, Waste shall include obsolete, damaged or non-functional Device accessories and related components.

Hazardous Waste shall include any Device or component that contains hazardous materials, presents a safety risk, constitutes a biohazard, or is otherwise unsafe to transport, store or process. Examples include Devices contaminated with bodily fluids or biological matter, devices containing swollen, damaged or leaking lithium batteries, and devices containing or contaminated with prohibited or hazardous substances such as asbestos, polychlorinated biphenyls (pcbs), mercury, lead, chemicals, solvents or other regulated materials.

“Website” means Apple’s website https://www.apple.com/ie/.

2. TRADE-IN ORDER CREATION AND PROCESS

2.1. You represent and warrant that (a) you are acting as a Consumer (b) the Device does not constitute Waste or Hazardous Waste based on the information and circumstances known to you at the time of completion of a Trade-In Order and (c) you are the sole and lawful owner of the Device bearing the specifications, serial number, and model number which you represent and warrant that you will accurately communicate to us in the Trade- In Order.

2.2. The Trade-In is made available through participating Apple Store locations and the Apple Online Store. Alchemy is the purchaser of Devices under the Trade-In, and Apple facilitates the customer-facing aspects of the process on Alchemy's behalf.

2.3. The submission of the Device to the relevant Apple retail store and requesting a Trade-In, or trading in your Device via the Apple Online Store, shall constitute an offer by you to sell such Device to us in return for Credit issued by Apple against the purchase of a new Apple Product from Apple (“Trade-In Order”).

2.4. Apple will guide you through the steps you need to take to trade-in a Device with us. The trade-in process allows you to check and amend any errors before submitting your Trade-In Order to us. Apple determines the Trade In-Value based on the model and condition of the Device. We will not be responsible for non-delivery or non-receipt of e-mail communications.

2.5. Devices cannot be returned under any circumstances once you have received the Credit for your Device from Apple on our behalf.

2.6. There is no cash alternative and the Credit cannot be used for any purpose or purchases other than those stated in clause 2.3. The provision of the Credit will be in full satisfaction of any payment obligation for the purchase of the Device by Alchemy.

2.7. You agree that all determinations by Alchemy and Apple with respect to Trade-In Value assigned to the Device after its inspection are made at their respective discretion, (having regard to the then prevailing market price paid for the Device and/or its parts and costs of refurbishment) will be accepted as final.

2.8. You are responsible for ensuring that all information provided by you when creating a Trade-In Order is correct and complete, including but not limited to Device information and physical condition, your address, your contact information, identity and age. We will not be responsible for any errors or loss incurred as a result of incorrect or incomplete information provided by you when creating your Trade-In Order or otherwise.

2.9. Upon receipt by Apple of your Device and the issue of Credit to you for your Device, title of ownership in such Device transfers from you, the Customer, to Alchemy and you disclaim any further right, title or interest in and to the Device or any items contained therein.

2.10. Risk of loss in your Device will transfer to us once Alchemy receives possession of your Device. Notwithstanding the foregoing, we will not be liable or responsible for any risk related to you sending us a Device that is considered Waste or Hazardous Waste.

3. INELIGIBLE DEVICES

3.1. You acknowledge that your personal information along with the Device’s serial number may be submitted to the police data system for verification purpose and to assist with checks for lost or stolen property.

3.2. If the Device is registered as a Lost, Blocked or Stolen Device, we retain the right to refuse to give Credit for and to return the Device in accordance with local laws and guidance unless you are able to prove the legitimate ownership of the Device within 28 days of you being notified of any decision under this clause. It is your obligation to inform Apple and Alchemy that you are contesting any such decision.

3.3. We will not provide Credit for Lost, Blocked or Stolen Devices, or for Fake Devices, or for Devices determined to be purchased with government funds or which constitute government property.

3.4. We retain the right to refuse to give Credit for and to return, any Device that we reasonably consider that there is a deliberate attempt by you to commit fraud. In the case of suspected fraud, we may inform the relevant authorities and retain the Device pending direction from the relevant authorities.

3.5. If we receive a Device that constitutes Waste or Hazardous Waste, we will not under any circumstance ship the item back to you and we will inform you that we are disposing of the Device in accordance with applicable laws, rules and regulations. You acknowledge that a Device that constitutes Waste or Hazardous Waste must not be shipped to us under any circumstances.

3.6. We may, reject a Trade-In Order or Device submitted to us under the Trade-In if we are not satisfied that you have complied with the Terms. Where a Trade-In Order or Device submitted to us under the Trade-In is rejected, we will use reasonable endeavours to notify you of the reason for rejection by email.

4. YOUR OBLIGATIONS

4.1. You warrant and represent that:

4.1.1. you are at least 18 years old and legally capable of entering into a legally binding Contract;

4.1.2. you are the sole and lawful owner of the Device;

4.1.3. there are no liens, encumbrances or security interests in or attached to the Device and that no other person has a legal or unjustified interest in it;

4.1.4. the Device is not Lost, Blocked or Stolen;

4.1.5. The Device does not infringe on any third-party Intellectual Property Rights; and

4.1.6. you are not an Apple reseller.

4.2. Prior to the submission of your Device, it is your obligation to:

4.2.1. remove any SIM cards, e-sim and memory cards (the “Cards”) from your Device. The Cards may contain private information and may enable unauthorized use of your network airtime or personal information. Should you fail to remove the Cards you agree that we shall not be liable for any losses, claims or damages arising out of or with respect to the use of the Cards by any person arising before our receipt of the Device or after our receipt of the Device and you agree that we shall remove and permanently destroy the Cards;

4.2.2. delete all forms of personal files and data including, but not limited to, SMS messages, photographs, games, songs and other personal and sensitive data (the “Device Data”) from the Device;

4.2.3. back up and retain copies of any Device Data that you wish to keep before sending the Device to us. You acknowledge that the Device may be inspected, tested, reset, restored to factory settings, repaired, refurbished, recycled or otherwise processed by us following receipt, and that Device Data may be permanently deleted, altered or become inaccessible. We shall have no liability for any loss of, damage to, or inability to recover any Device Data;

4.2.4. switch off any ‘Find My Device’ or equivalent service on the Device, including removing the Device from iCloud and any Mobile Device Management enrolment;

4.2.5. reset the Device to restore factory settings;

4.2.6. if availing of the online Trade-In, securely pack and send your Device using the instructions provided on the Apple Website https://www.apple.com/ie/.

4.3. By arranging for the collection or shipment of the Device, to Apple or an authorised Apple agent, or by delivering it to an Apple Store, you hereby release us from all claims, losses or damages arising out of or with respect to the security, protection, confidentiality or use of the data stored on the Cards, or the Device Data, except where any loss or damage has been caused by gross negligence or wilful misconduct on our part or where such release is not permitted under Data Protection Laws.

4.4. Once we have received the Device it will not be possible for you to obtain or recover any data or other content from the Device or any Cards that remain in the Device. Cards remaining in the Device will be destroyed permanently and not be returned to you.

4.5. Subject to clause 5.2, for Trade-Ins completed in an Apple Store, once Apple has accepted your Device on our behalf and simultaneously applies the Trade-In Value and Credit to your in-store purchase, the Device cannot be returned to you, including where you subsequently change your mind. For Trade-Ins submitted through Apple's online trade-in programme, Devices are processed through Apple's appointed collection and logistics partners before being received by us.

4.6. If we receive your Device which, when it is turned on, appears not to have been reset to factory settings then you hereby authorize us to take commercially reasonable actions to wipe or remove any Device Data from the Device, without inspecting the content, by performing a datawipe and resetting the Device to factory settings in accordance with the manufacturer’s recommended guidelines. You acknowledge and agree that resetting the Device to factory settings will permanently delete any Device Data. Should we receive a Device that has not been datawiped, we will quarantine the Device until we can fully wipe all Device Data from the device. If we are unable to fully wipe or remove all Device Data from the Device, the Device will be destroyed.

4.7. Alchemy does not warrant or guarantee that resetting the Device to factory settings will permanently delete any Device Data or personal information.

5. CONTRACT FORMATION

5.1. No binding contract will be formed until we accept your Trade-In Order, you confirm that you accept the Credit to be applied to your purchase of an Apple Product, and the Credit is issued to you.

5.2. Once the Contract is formed it is not possible for you to terminate the Contract with us even if you exercise a Cancellation Right under your Apple purchase contract.

5.3. All quotations and payments include VAT (as applicable).

5.4. The Trade-In Value of a Device and Credit is determined through the Apple assessment process at the time you commence the Trade-In online or in-store.

5.5. Any Credit issued online will be issued to you pursuant to Apple’s Trade-In Terms and Conditions after receipt and inspection of the Device by Apple. The inspection will focus on, amongst other things, the model, functionality, and cosmetic condition of the Device to determine the Trade-In Value.

6. TITLE AND RISK

6.1. You hereby declare that title to the Device shall pass to us (1) upon formation of the Contract in accordance with clause 5. Once title has passed, you disclaim any further right, title or interest in and to the Device.

6.2. Subject as hereinafter provided, risk in the Device shall pass to us as provided in our agreement with Apple, which may be later than our receipt of the Device.

7. INDEMNITY AND LIMITATION OF LIABILITY

7.1. Neither party shall be liable to the other for any loss, damage, cost, expense or other claim for compensation arising as a direct or indirect result or breach or non-performance of the Contract due to a Force Majeure Event.

7.2. To the extent permitted by applicable law, including under Data Protection Laws, neither party shall be liable to the other for any liability arising out of or related to the transfer of any Device, including but not limited to any loss, damage, cost or expense related to any of the following, whether in contract, tort (including negligence) or otherwise:

7.2.1. deletion or non-deletion of any Device Data that you have failed to remove before trading in the Device; and

7.2.2. the evaluation and assessment of the Device (and the corresponding valuation) made by us or Apple;

7.3. Subject to clause 7.5, our maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising, out of or in connection with the performance or non-performance of our obligations or the obligations of Apple and their affiliates, under the Contract shall be limited, in respect of each Device shall not exceed the value of the Credit for the Device.

7.4. Subject always to clause 7.3 neither Party will have liability to the other Party for any of the following except to the extent any loss, damage, cost or expense results directly from the gross negligence or wilful misconduct of the indemnifying party:

7.4.1. any indirect or consequential losses;

7.4.2. loss of revenue or anticipated revenue;

7.4.3. loss of savings or anticipated savings;

7.4.4. loss of business opportunity;

7.4.5. loss of profits or anticipated profits;

7.4.6. exemplary damages; or

7.4.7. loss of expenditure.

7.5. Neither Party excludes or limits its liability to the other for death or personal injury caused by its gross negligence or wilful misconduct, for the breach of fundamental obligations or other damage arising from a breach of duty due to gross negligence, or in respect of any other liability to the extent that it cannot be excluded or limited in accordance with applicable law, including under Data Protection Laws.

7.6. The Trade-In is provided for lawful purposes only and you agree to indemnify us from and hold us harmless against all claims brought against us arising from performing our obligations under this Contract resulting from any breach of the Contract or these Terms by you.

7.7. To the extent permitted by applicable law, we exclude and disclaim all implied warranties, including without limitation all warranties arising from the course of dealing or usage of trade.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Each party shall retain all rights, title, and interest in and to any Intellectual Property Rights that it creates or develops independently under this Contract, including but not limited to any information contained on a Device or displayed on our Website. Nothing in this Contract shall be construed as transferring ownership of any Intellectual Property Rights from one Party to the other.

9. YOUR PERSONAL DATA

9.1. The security and protection of your personal data is important to us. Please read our Privacy Policy https://www.wearealchemy.com/privacy for more information about how and why we store and use your personal data.

9.2. Both Parties undertake to comply in all material respects at all times with the obligations imposed on them under Data Protection Laws concerning privacy, data security and notification to Consumers, regulators and law enforcement authorities.

9.3. We will use reasonable endeavours to ensure that any Device Data you fail to remove from your Device is not accessed by unauthorized persons by taking the steps described in clause 4.6 and elsewhere in these Terms. We reserve the right to take steps we believe are reasonably necessary or appropriate or required by applicable law to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Trade-In, and/or any third party claim that your Device is unlawful and/or infringes such third party's rights).

9.4. You agree that we have the right, without liability to you, to disclose any Device Data registration data and/or account information, including your personally identifiable information to the following, in each case as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms or as otherwise required by applicable law:

9.4.1. law enforcement agencies and authorities, government agencies, authorities, and officials;

9.4.2. electronic reporting services used by (a) law enforcement agencies and authorities, (b) government agencies, authorities, and officials in those jurisdictions in which it is required by applicable law to report (c) by government agencies, authorities, and officials who engage in voluntary reporting of certain information in other jurisdictions; or

9.4.3. any third party where the conditions set out in Article (6)(1)(f) of the EU General Data Protection Regulation are satisfied.

10. FORCE MAJEURE

10.1. Provided the Party affected by a Force Majeure Event (the “Affected Party”) has complied with clause 10.3, if the Affected Party is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event the Affected Party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

10.2. The corresponding obligations of the non-Affected Party will be suspended, and the non-Affected Party’s time for performance of such obligations extended, to the same extent as the Affected Party.

10.3. The Affected Party shall:

10.3.1. as soon as reasonably practicable after the start of the Force Majeure Event but no later than two (2) Business Days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on the Affected Party’s ability to perform any of its obligations under the Contract; and

10.3.2. use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

10.4. If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than two (2) weeks, the non-Affected Party may terminate the Contract by giving one (1) week’s written notice to the Affected Party.

11. WAIVER AND VARIATION

11.1. Any waiver by either Party of a breach of any provision of these Terms will not be considered as a waiver of any subsequent breach of the same or any other provision.

11.2. No oral variation of these Terms will be binding.

12. THIRD PARTY RIGHTS

Subject as hereinafter provided, a person who is not party to this Contract will not have any right under this Contract to enforce any term of the Contract. Apple is the only intended third-party beneficiary of the Contract, and these Terms.

13. NO PARTNERSHIP

Nothing in these Terms will be deemed to create or imply the existence of partnership, agency, employment or joint venture between the Parties.

14. ENTIRE AGREEMENT

14.1. These Terms and any document or other source of information in whatever medium expressly referred to herein constitutes the entire agreement and understanding between the Parties concerning its subject matter.

14.2. Neither party shall have any remedy in respect of misrepresentation or untrue statement made by the other Party unless and to the extent that a claim lies for breach of the terms of the Contract. This clause does not preclude liability for fraudulent misrepresentation or any statutory rights you may have to the extent such rights cannot be waived under applicable law.

14.3. This Contract and the Terms do not terminate or amend the terms of any agreements that you have, whether written or oral, directly with Apple.

15. GOVERNING LAW AND JURISDICTION

15.1. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland. The adoption of the laws of the Republic of Ireland do not deprive you of the benefit of any claims under additional mandatory laws for the benefit of Consumers in the jurisdiction in which you are domiciled or habitually resident.

15.2. Each party irrevocably agrees that the courts of Republic of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). This provision does not deprive you of your right to bring legal proceedings against Alchemy in the courts of the jurisdiction in which you are domiciled or habitually resident.

16. NOTICES

16.1. Notices to you under these Terms shall be sent by Alchemy using the contact information you provide when creating your Trade-In Order and accepting these Terms.

16.2. Notices from you to Alchemy should be sent to notices@wearealchemy.com.

16.3. Reference in these Terms to “Writing” include e-mail.

16.4. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid post or other next Business Day delivery service or e-mail.

16.5. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.6. The provisions of this Clause 16 shall not apply to the service of any proceedings or other documents in any legal action.

17. COMPLAINTS PROCEDURE

17.1. We are committed to providing a high standard of service to you. If you are dissatisfied with any aspect of our performance of the Contract or the manner in which a transaction has been handled, you are entitled to raise a complaint in accordance Apple’s Trade-In Terms and Conditions.

17.2. Consumers may also wish to contact the Competition and Consumer Protection Commission (“CCPC”) for independent guidance and information regarding their rights, The CCPC may be contacted via their website at www.ccpc.ie. Alternatively, you may wish to contact the equivalent body to the CCPC in the place or your habitual residence or domicile.

October 2026