Trade-in Activity

TERMS AND CONDITIONS

1.ACTIVITY ORGANIZATION AND ORGANIZER

  1.1 The following terms and conditions (hereinafter, the “Terms”) regulate the rules for participating in the Xiaomi activity called Trade-in Activity (hereinafter the “Trade-in activity”), which is offered by Xiaomi Technology UK Limited (hereinafter, the “Organizer”)

  1.2 Participation is voluntary and free of charge. By entering this Trade -in activity, the Participant confirms that he/she agrees to the Terms.

  1.3 The Terms are made public and will be available for the duration of the Trade-in activity contest 2024-09-26 12:00:00 to 2024-10-31 23:59:59

  1.4 If you have any questions about this Trade-in activity, please contact below:

  1.5 The trade-in program is provided by Foxway OÜ, Estonian company registration no. 12703942 (hereinafter: 'Foxway') that enables clients to return their old devices. The trade-in program is organised by Foxway under which a Participant who fulfils the terms and conditions of the trade in program may sell his/her existing device to Foxway (hereinafter “Trade in program”). The price for the sale of a device offered by Foxway for repurchase in Trade in program shall be determined exclusively by Foxway on the basis of a price list adopted by Foxway, taking into account the model and condition of the device. The price is valid on the day in question and is subject to change by Foxway, with the proviso that, at Foxway's discretion, the Participant and Foxway shall be bound by the sales price in force on the day on which the Participant has sent to Foxway a properly completed form.

  1.6 The Bonus offered by Xiaomi is not related to the amount received from Foxway for participating in the Trade-in program.

2.TERM

  2.1 The duration of this Trade-in activity is from 2024-09-26 12:00:00 to 2024-10-31 23:59:59 (hereinafter: “Term”).

  2.2 The Trade-in activity available only through the website https://www.mi.com/uk/

3.ACCEPTANCE OF THE ACTIVITY’S TERMS

By participating in the trade-in activity, Participant is hereby accepting:

1. the present Terms;

2. Xiaomi’s Terms of Use and Privacy Policy, which can be consulted on mi.com;

3. Foxway’s Terms of Use and Privacy Policy. https://www.mi.com/uk/support/terms/trade-in-terms/

4.PARTICIPANT’S ELIGIBILITY

  4.1 In order to participate in the Trade-in activity, the Participant may only be a natural person over 18 years of age, having full legal capacity according to the applicable laws in his/her places of residence. The Participant must have a personal Mi Account or be validly registered on mi.com. (hereinafter the “Participant(s)” or “You”).

  4.2 Upon the Organizer’s request, Participant must be able to demonstrate at any time and, within a reasonable period that he/she meets the necessary above-mentioned conditions to participate in the trade-in activity.

  4.3 Where inaccurate or erroneous data are provided by the Participant, the Organizer reserves the right to reject or disqualify the Participant from the trade-in activity and so without giving any reasons or notice.

  4.4 Participants may enter the Trade-in activity more than once, provided that each entry meets all of the conditions set forth in these Terms, including, but not limited to point 5.2.

5.PARTICIPATION MECHANISM

General Provisions of the trade-in activity

5.1 The Trade-in Activity offers two types of Bonus: a mi.com Coupon or Trade-in Cashback. The Bonuses will be subject to the conditions set out below.

5.2 In order to qualify for receiving the Bonus, Participants shall:

1. Finalize the trade-in mechanism offered by Foxway to trade-in Participant’s old device no later than 50 days, and

2. Purchase the Product through mi.com as indicated by Organizer in the point 5.4.1 during the Term, and

3. Not withdraw from the purchase within the withdrawal period under to the general applicable law.

5.3 After fulfilling the above requirements, Organizer will provide the Bonus to the Participant according to the Participant’s choice. Participant will only allowed to receive one type of Bonus – Coupon or Trade-in rebate . Choosing one means that Participant will not receive the second one.

5.4 Bonus

One of these two bonuses is available to Participant:

  a. Coupon, or

  b. Trade-in Cashback

  (hereinafter “Bonus”)

5.4.1 The value of the Bonus and Products are shown below:

5.4.2 If the Participant select the Coupon after fulfilling requirements set forth in these Terms, including but not limited in point 5.2, the Coupon will be made be automatically made available on Participant’s Mi Account within one working day. The Coupon is subject to the following conditions:

  5.4.2.1. The Coupon can only be used for purchases on mi.com exceeding the value of the Coupon. For example, if a Coupon has a value of £50 (fifty pounds), Participants will only be able to use the Coupon for purchases on mi.com that exceed £50 (fifty pounds).

  5.4.2.2. The Coupon is valid for 180 (one hundred and eighty) days after issuance. After this period the Coupon will expire.

  5.4.2.3 If Participant uses the Coupon and decides to return the product, only the actual paid amount by Participant will be refunded and the value of the coupon will be returned back to Participant’s Mi ID on mi.com. Coupon validity will remain the same. In case a return happens in the period after the coupon has expired, the Coupon will be void.

  5.4.2.4 The Coupon is personal, non-transferable and cannot be exchanged for cash equivalents.

5.5 If the Participant select the Cashback, after fulfilling requirements set forth in these Terms, including but not limited in point 5.2, the Cashback will transferred to the same bank account and/or payment method that was used to purchase the new Product. The Cashback will be transferred to the Participant's bank account within 7 to 14 working days.

5.6 To clarify, the above does not apply to the sale amount of the equipment offered to the Participant by Foxway in connection with their participation in the trade in program.

5.7 All activities carried out by Foxway with respect to the Participant which are related to the Trade-in program, are performed by Foxway on the basis of the agreement (please refer to trade-in T&C https://www.mi.com/uk/support/terms/trade-in-terms/ ) for the sale of old equipment between Foxway and the Participant. Such activities are performed as its own contractual or statutory obligations of Foxway. In any case, in performing the aforementioned activities, Foxway is not a subcontractor of the Organizer, which means, in particular, that Foxway, and not the Organizer, is liable for any faulty performance of its own obligations. Organizer has no control over how long it takes to complete the Trade-in process.

6.PERSONAL DATA

You agree to provide the respective Organizer with the following personal data: Mi ID number.

The Organizer, as data controller, will collect, use, and process the Participant’s personal data only for specified, explicit and legitimate purposes. In particular, ensure the proper organization and management of the Activity. This will be carried out under your specific consent.

In accordance with applicable laws and for the above stated purposes, the Organizer may transfer personal data collected from the Participant to its affiliates in Xiaomi Group in jurisdictions other than that in which you are located. The privacy laws in the jurisdictions in which these affiliates are located may or may not protect personal data to the same standards as in the jurisdiction in which you are located. However, if the Organizer transfers abroad data collected from the European Economic Area, it will do so on the basis of EU standard contractual clauses or any other safeguards provided for in the GDPR.

Personal data will only be kept for the time necessary to provide the Participant with participation in and any benefits from the Activity. For more information on our data management practices and your rights as a data subject, please refer to our Privacy Policy at https://privacy.mi.com/all/languages/.

If you have any concerns about our data management practices outlined in this Privacy Policy or wish to exercise your rights as a data subject, please contact https://privacy.mi.com/support/?locale=en to submit your queries. We will be happy to resolve your queries directly.

7.COMPLAINTS

All complaints related to the Activity can be submitted through the website https://www.mi.com/uk/support . The complaint will be considered within 14 days from the date of its receipt, based on the applicable laws and these Terms. However, the deadline may be extended in the event of reasons beyond the Organizer's control, about which the Participant will be informed.

8.LIABILITY AND REPRESENTATION

8.1 ORGANIZER’S REPRESENTATION

Unless otherwise expressly stated in this term, Organizer and its affiliated or third-party Organizers provide the Activity on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organizer and its affiliated or third-party Organizers do not warrant or represent that:

1. The Activity is fit for any purpose or meet Participant requirements or is provided without any errors or deficiencies or that the Activity in compliance with any quality levels, as the case may be;

2. The Activity is available to Participant at any time and provided to Participant without disruption, interruption or delay;

3. Any information (whether oral or written) obtained by Participant from Organizer or as a result of Participant taking part in the Activity (including any materials or products) will be suitable, accurate, complete, or reliable; and

4. That any deficiencies in the Activity, including any defects in performance, operation or functionality of the Activity will be fixed, corrected or otherwise remedied.

8.2 ORGANIZER’S LIABILITY PARTICIPANT’s LIABILITY

Organizer is not liable to Participant, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of the connection with the participation in the Activity for:

1. Any indirect, incidental, special or consequential damages;

2. Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);

3. Any damage to and/or corruption or loss of data (whether direct or indirect);

4. Any changes, modifications, extensions or limitations (including any suspension of Participant) in the Activity;

5. Access to Participant account and account data or Participant registration data taking part of the Activity, or any permanent or temporary cessation in the terms or conditions of the Activity (or any part of them).

In the term that Organizer is liable for a breach of these terms, Organizer liability shall be limited to damages which Organizer must typically expect at the time of the conclusion of these Terms due to the circumstances known at the time. Notwithstanding the above, such damages shall not be higher than 100 euros (or equivalent local currency).

Nothing in these Terms shall exclude or limit Organizer:

1. Liability for death, personal injury or fraud or in accordance with any product liability act; and

2. Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law.

If the laws in the Participant jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the Participant and Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.

8.3 PARTICIPANT’s LIABILITY

Participant is entirely responsible for any breach of the obligations under:

1. These Terms; and

2. Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where you are a resident or from where you are participating in the Activity.

3. And for the consequences of any such breach, including any loss or damage which Organizer or any third-party may incur or suffer. Organizer will have no responsibility to Participant or to any third party in respect of such breach.

9.OTHERS

Organizer reserves the right to change the T&C in case of:

1. changes in applicable general provisions of law resulting in the need to adapt it to these changes in law;

2. removing any errors and clarifying any ambiguities in the T&C;

3. issuance of a judgment or other act by a court or authorized public authority resulting in the need to amend the T&C in order to adapt to such a judgment or other similar act;

4. changes to the functionality of mi.com;

5. organizational or legal changes of the Organizer.

Participants will be informed about changes to the Terms and Conditions at least 14 days in advance by publishing information about the planned change on the website. If a binding legal provision, judgment, or other similar act of an authorized public authority requires the Organizer to make changes to the Terms and Conditions within a shorter period than specified in above, the notice of the changes to the Terms and Conditions will indicate the shorter period, along with the reason. The modified Terms and Conditions apply to the Participant who does not withdraw from participating in the Activity before the effective date of the changes to the Terms and Conditions.

10.LEGISLATION AND APPLICABLE JURISDICTION

Participation in the Activity will be governed by the Terms, which will be interpreted and applied in accordance with the laws where the Organizer has its seat.

The Participant have the option of filing claims at a competent court in the country in which they are resident.