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Terms & conditions

Yearly Upgrade Terms and Conditions

  1. Definitions:

“Eligible Device” means the iPhone SE, the iPhone 7 and iPhone 7 Plus, iPhone 6S and iPhone 6S Plus and such other mobile handsets and mobile tablets as O2 shall determine are eligible for inclusion in the Yearly Upgrade Programme and which must be bought with an Eligible Tariff.

“Eligible Tariff” the 20GB, 30GB and 50GB tariffs and such other tariffs as O2 shall determine are eligible for inclusion in the Yearly Upgrade Programme.

  1. This promotion is open to UK residents.
  2. Subject to clause 3 below, customers who have purchased an Eligible Device  (“Existing Phone”) on an Eligible Tariff from 9th September 2016 will following from the date which they make their 12th repayment under the Device Plan be able to trade in their Eligible Device and upgrade to a new mobile handset whether or not this is within their Minimum Term (“ Yearly Upgrade Programme”)”).
  3. These terms and conditions will apply to the exclusion of all other terms and conditions and these terms and condition supersede and replace the 30GB Data Tariff 12 Month Upgrade Offer terms and conditions for iPhone 6S customers (“Previous Offer Terms” with respect to iPhone 6S purchased after 21st February 2016 and the 30GB Data Tariff 12 Month Upgrade Offer Terms and Conditions (“Existing Offer Terms).  The Existing Offer Terms will continue to apply for all customers who purchased an iPhone 6S on a 30GB Data Tariff from 25th September 2015 to 20th February 2016 and the Previous Offer Terms will apply for all customers who purchased an iPhone 6S or a Samsung Galaxy S7 or Samsung Galaxy S7 Edge between 21st February and 9th September 2016.
  4. To take advantage of the Yearly Upgrade Programme Customer’s must have purchased their Eligible Device together with an Eligible Tariff (b) have not more than 12 months outstanding and made at least 12 repayments on their o2 Refresh Device Plan   (d) not be in arrears in relation to their O2 Refresh Device Plan and/or their 24 Month Airtime Plan (c) trade in their Existing Phone through O2 Recycle and (d) upgrade their handset to another mobile handset on a 24 month O2 Refresh Contract which is the same or higher cost,  through O2 Stores or such other channels as O2 makes available.  Where Customer wishes to remain on the Yearly Upgrade Programme they must upgrade to another handset and tariff which which is then currently eligible for the Yearly Upgrade Programme.
  5. The Eligible Device and Eligible Tariff must be purchased together at the time of purchase.  Where the Customer purchased an Eligible Device on a tariff other than an Eligible Tariff and subsequently migrates to an Eligible Tariff they will not be eligible to participate in the Yearly Upgrade Programme.
  6. TUK may remove a handset and/or tariff from the Yearly Upgrade programme such that they will no longer be Eligible Devices and/or Eligible Tariffs.
  7. Where the Customer has not more than 12 months outstanding on their O2 Refresh Minimum Term but has not made 12 repayments customer must make an ad hoc payment at the time of upgrade to be eligible.
  8. Customers will not be eligible for the Yearly Upgrade Programme where any upgrade is undertaken through any one of our third party distributors. 
  9. Any outstanding balance on your existing O2 Refresh Device Plan will be cleared by O2provided you trade in your Existing Phone through O2 Recycle under 3c(“O2 Payment”).
  10.  Existing Phone, if iPhone, must be unlocked from your iTunes account and factory settings restored.
  11. Existing Phones must meet the minimum condition requirements set out in the Your Device section of the terms and conditions at O2recycle.co.uk without any reduction for damage i.e. the 100% criteria to be eligible for trade in.
  12. The O2 Payment above will be made regardless of the value of your Existing Phone.
  13. Where your Existing Phone is worth less than the O2 Payment you will not be required to pay the difference.
  14. Where the value of your Existing Phone is worth more than the O2 Payment, O2 will not be obliged to pay you the difference between the O2 Payment and the actual value of your Existing Phone.
  15. Customers with an Existing Phone where the trade in value is higher than the O2 Payment may wish to trade in their Existing Phone through O2 Recycle and wait to receive the cash payment into their bank account and subsequently pay off their Outstanding Balance.
  16. Where any upfront payment is required as part of the upgrade then this will be payable by the Customer as per the terms and conditions applicable to such upgrade.  
  17. These terms and conditions will only apply to the Existing Phone O2 Refresh Agreement and any subsequent upgrade where the device is an Eligible Device purchased on an Eligible Tariff.  Where you upgrade to a device or tariff which is not eligible at the time for the Yearly Upgrade Programme then these terms will not apply.
  18. Subsequent upgrades will be subject to the terms and conditions in place at the time of the upgrade.
  19. Customers should retain a copy of their receipt or online order confirmation (if buying online) as proof of purchase. No correspondence will be entered into. There is no cash alternative and the Offer is personal to the purchaser and is non-transferable.
  20. O2 does not guarantee that the Yearly Upgrade Programme will always be made available and reserves the right to end the Yearly Upgrade Progamme at any timee
  21. In the event the Customer is in breach of these terms and conditions then O2 reserves its rights to claims damages and/or may immediately terminate Customer’s right to participate in the Yearly Upgrade Programme, notwithstanding they may have upgrade to an Eligible Device and Eligible Tariff.
  22. These terms and conditions shall be governed by English law and the English courts shall have exclusive jurisdiction.