Terms and Conditions

Last updated: August 2026

Introduction

These general terms and conditions apply to all orders in Phonesy's webshop and to transactions in which a consumer sells or trades in a device to Phonesy. By placing an order or selling a device through our website, you agree to these terms and conditions.

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

  • Withdrawal period: the period during which the consumer may exercise their right of withdrawal.
  • Consumer: the natural person who is not acting in the exercise of a profession or business.
  • Day: calendar day.
  • Durable medium: any means that allows information to be stored for future use.
  • Right of withdrawal: the consumer's option to dissolve the agreement within the withdrawal period.
  • Entrepreneur: Phonesy.
  • Distance agreement: an agreement between the entrepreneur and the consumer concluded without a physical meeting.
  • General Terms and Conditions: these terms and conditions of Phonesy.

Article 2 – Identity of the entrepreneur

Phonesy – Sole proprietorship
Owner: Bram Sullot
De Run 4210
5503 LL, Veldhoven
Chamber of Commerce: 91966108
VAT: NL004928391B35
Email: info@phonesy.nl
Tel: +31 6 14842426

Article 3 – Applicability

These terms and conditions apply to every offer and every agreement concluded between Phonesy and the consumer. Phonesy ensures that the terms and conditions can be easily saved and accessed.

Article 4 – The offer

  1. All products offered are second-hand Apple devices.
  2. The condition of each device is clearly displayed with unique photos and specifications.
  3. We use 3 condition grades: Like new, Excellent, and Good condition. These are the corresponding descriptions:
    • Like new – At most the slightest signs of use, virtually invisible to the naked eye. Looks like new.
    • Excellent – Very light signs of use that are barely noticeable.
    • Good condition – Visible signs of use, such as scratches and possibly small dents, but nothing that interferes with use.
    The exact condition and associated signs of use are specified individually for each device in the product description.
  4. Obvious errors or technical mistakes in the offer do not bind Phonesy.
  5. Prices include VAT under the margin scheme. As a result, VAT is not listed separately on the invoice.

Article 5 – The agreement

  1. The agreement is concluded when the consumer places an order and completes the payment.
  2. Cancellation is possible as long as an order has not yet been shipped.
  3. Orders may only be placed by consumers aged 18 or older.

Article 6 – Limitation of Liability

Phonesy is liable only for direct damage resulting from an attributable failure to fulfill the agreement, insofar as this liability is not excluded by mandatory law.

Phonesy is not liable for indirect damage, including consequential damage, loss of profit, missed savings, data loss, or damage caused by business interruption.

Phonesy's liability is in all cases limited to the amount paid out by Phonesy's insurer. If the insurer makes no payment, liability is limited to a maximum of the invoice amount of the relevant agreement.

The limitations of liability set out in this article do not apply if the damage results from intent or gross negligence by Phonesy, or if mandatory law provides otherwise.

Article 7 – Force Majeure

Phonesy is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure means any circumstance beyond Phonesy's control that wholly or partially prevents the fulfillment of its obligations.

Force majeure includes, but is not limited to:

  1. Malfunctions or delays involving carriers or delivery services (such as PostNL or DHL).
  2. Loss of or damage to shipments during transport.
  3. Strikes, illness, or staff shortages.
  4. Malfunctions in telecommunications, payment, or ICT systems.
  5. Fire, water damage, natural disasters, pandemics.
  6. Government measures, legal restrictions, or import and export barriers.
  7. Other unforeseen circumstances beyond Phonesy's control.

If the force majeure situation is temporary, Phonesy has the right to suspend its obligations for the duration of the force majeure. If the force majeure situation continues for more than 30 days, both parties have the right to terminate the agreement in writing, without either party being entitled to compensation.

Phonesy will inform the consumer as soon as possible if a force majeure situation occurs.

Article 8 – Right of Withdrawal

  1. The consumer has the right to withdraw from the purchase within 14 days of receiving the product without giving a reason.
  2. After notifying us of the withdrawal, the consumer has 14 days to return the product.
  3. During the withdrawal period, the device may be used to assess it, such as by testing its functions and general operation. If the device has been used beyond what is reasonably necessary for assessment, a reduction in value may be charged.
  4. The retailer will refund the full order amount, including standard shipping costs, within 14 days of receiving the withdrawal notice. The retailer may wait to issue the refund until the product has been received or until the consumer has demonstrated that the product has been returned, whichever occurs first.

Article 9 – Costs in the event of withdrawal

  1. Returns are free of charge using the shipping label provided by Phonesy.
  2. A refund will be issued after the device has been received and inspected.

Article 10 – Reduction in value under the right of withdrawal

If the device has been used more than necessary during the withdrawal period, for example through intensive use, visible wear, damage, linking an Apple ID that has not been removed, or a demonstrable deterioration in battery condition, we reserve the right to charge a reduction in value.

This reduction in value will be deducted from the amount to be refunded and will be determined based on the extent of use, any damage, and other factors affecting the value of the device.

Article 11 – The price

  1. Prices may be changed before an order is placed.
  2. Errors and omissions excepted.

Article 12 – Conformity and warranty

  1. Devices are supplied with a 1-year warranty covering functionality.
  2. The warranty does not apply in the event of:
    • normal battery wear
    • water or moisture damage
    • damage caused by dropping, impact, or pressure
    • repairs carried out by the customer or damage caused by improper use
    • problems resulting from software updates or modifications by Apple
    • repairs or interventions carried out by third parties without Phonesy's permission
  3. Minimum battery condition upon delivery: 85%, unless stated otherwise.
  4. For complaints, you can contact us via info@phonesy.nl.

Article 13 – Delivery and performance

  1. Orders placed on working days before 3:00 p.m. are shipped the same day.
  2. Shipping within the Netherlands and Belgium is free for orders of € 50 or more; for orders under € 50, we charge € 3.95 shipping costs. For Germany, we charge € 15.00.
  3. All shipments are insured for the full purchase amount and include track & trace.
  4. Phonesy will inform you by email when an order is delayed.
  5. The risk remains with Phonesy until delivery.

Article 14 – Long-term transactions

Not applicable. Phonesy does not provide subscriptions or recurring services.

Article 15 – Payment

  1. Payment is possible via iDEAL, Apple Pay, credit card, and PayPal.
  2. If payment is not made, Phonesy may cancel the order.

Article 16 – Complaints procedure

  1. Complaints can be reported via info@phonesy.nl.
  2. The consumer will receive a substantive response within 14 days.
  3. In the event of complaints, consumers must first contact the trader. If the online store is affiliated with WebwinkelKeur and a complaint cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur, which will mediate free of charge. If no solution is reached, the consumer may have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding, and both the trader and the consumer agree to this binding decision. Costs are associated with submitting a dispute to this disputes committee and must be paid by the consumer to the relevant committee.

Article 17 – Disputes

These terms and conditions are governed exclusively by Dutch law.

Article 18 – Additional provisions

Deviations from these terms and conditions are valid only if agreed in writing.

Article 19 – Purchase of devices by Phonesy

  1. An offer is valid for 7 days, excluding shipping time.
  2. Shipping the device is free and insured via a label provided by Phonesy.
  3. Devices are checked for, among other things: functionality and physical condition, battery health, screen quality, the presence of original parts, IMEI status via M360 software, and registration via Stopheling.nl.
  4. If the device fully matches the description, payment will be made on the same business day.
  5. In the event of discrepancies, the consumer will receive a new offer. If this is rejected, the device will be returned free of charge.
  6. In the event of an iCloud lock, theft, fraud risk, or invalid information, the purchase will be refused and the device may be handed over to the police in accordance with statutory guidelines.

Article 20 – Final provisions

  1. Phonesy may amend these terms and conditions; the most current version is available on the website.
  2. If any provisions prove invalid, the remaining provisions will remain fully effective.
  3. The privacy policy published on the website applies to the processing of personal data by Phonesy.
  4. Dutch law applies to these terms and conditions.