Terms and Conditions
These terms and conditions ("the Terms") govern the users ("you", "your" or "customer") use of the website www.phones4u.co.uk ("the Website") and your relationship with Phones 4u ltd ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website.
If you have any queries regarding these Terms then please contacts us at web.support@phones4u.co.uk
If you have a query regarding a product purchased from this website, please contact web.orders@phones4u.co.uk
If you have a query regarding a phone purchased from a Phones 4u store, please contact web.support@phones4u.co.uk
USE OF THE WEBSITE
1. Agreement
By using the Website you agree to be bound by these Terms.
2. Amendments
We reserve the right to:
Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. Registration
You warrant that:
- The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
- You are not impersonating any other person or entity
You will notify us immediately of any changes to your personal information by e-mailing or telephoning our customer service representatives.
Email Address: web.support@phones4u.co.uk
Telephone Number: 0844 871 2234 (open 9am to 6pm, Monday to Friday and Saturday
10am to 4pm. Costs are charged at national rate)
4. Privacy Policy
We will treat all your personal information:
- As confidential and will only disclose the same in the circumstances set out below; and,
- In accordance with Data Protection legislation from time to time in force in England and Wales.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing and delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office and collected lawfully in accordance to the Data Protection Act 1998. We will use your personal information for the following purposes:
- Processing your orders;
- To administer this Website;
- For statistical purposes to improve this Website and its services to you;
- If you have not objected during the registration process, to notify you of products or special offers that may be of interest to you;
- If you have not objected during the registration process, to disclose to other members within our group of companies and also to other relevant third parties, who may contact you about their products or services that may be of interest to you;
If you have not objected during the registration process, but do not want us to:
- Contact you regarding products or services which may be of interest to you; or
- To transfer your data to group companies and third parties so that they can contact you about their products and services;
Then please write to us at web.support@phones4u.co.uk
and notify us accordingly.
Subject to your rights of objection, you agree that personal information may be
disclosed to other businesses within our group of companies and to reputable
third parties who will help process your order. In addition, you do not object
to us, our group companies or third parties contacting you for the purposes set
out above, whether this be by fax, telephone, e-mail, SMS or in writing and you
do not consider any of the above as being a breach of any of your rights under
the Telecommunications (Data Protection and Privacy) Regulations 1999.
You should be aware that if the police requests us or any other regulatory
authority investigating suspected illegal activities to provide your personal
information, we are entitled to do so.
5. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
- Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
- Any material which is defamatory, offensive or of an obscene character.
6. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material, which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
8. Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we despatch the goods to you or commence the services; whichever is the earlier.
All of the information you give us via the website is handled with the utmost respect and confidentiality. We ensure the security of the site by encrypting all the information through the secure socket layer (SSL) before it is sent to us. Equifax PLC and GeoTrust, provide this SSL. Irrespective of SSL security, credit card data is not retained on the web server but immediately passed into our internal systems and the data is stored behind a firewall that is impenetrable unless you are authorised to do so.
This information is then passed to Secure Trading Ltd to process and authorise payment. Secure Trading Ltd operate through a Secure Server and all transactions that take place are encrypted between your browser and the Secure Trading Server.
By accepting these terms and conditions when you make a purchase, you authorise us and Secure Trading Ltd to process payment from the credit card details supplied and to conduct validation checks by cross checking your details.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
Each good has the benefit of a manufacturer's warranty, details of which will be contained in the box in which the goods are packaged.
After you have successfully placed an order with us, you will receive an acknowledgement by e-mail of the order you have placed and a receipt which we advise you to print off and save for your records.
From time to time Phones 4u reserve the right to perform additional security checks.
9. Delivery and Fulfilment
Buy any contract, pay as you go (PAYG) or SIM Free mobile phone from us by
13.00 Monday to Friday and we will guarantee that you will receive your order
by 13.00 the following day**! Please note that we can not deliver on a bank
holiday, however we will endeavour to deliver on the next official working day.
Orders placed on Saturday and Sunday will be delivered on Tuesday*.
If, due to unforeseen circumstances we cannot deliver on time we will try to
contact you to make an alternative arrangement. We will endeavour to complete
all orders for goods or services within 28 working days**.
**subject to status, credit check and stock availability
(* with the exception of forthcoming products- we will endeavour to complete orders within 28 days of the product availability date- as displayed on the phones 4u website next to the specific goods or service.)
Method of delivery will vary dependent on the cost of goods purchased.
- For transactions under £25, we will deliver goods via Royal Mail 1st Class.
- For transactions £25 and above, we will deliver goods via Royal Mail Special Delivery.
Delivery will be attempted before 12.00pm (although this cannot be guaranteed). If you are not at home when we deliver, a non- delivery card will be posted through your letterbox, which advises that we tried to deliver. If no one is available to sign for the product, a card will be left and the parcel held at the local Royal Mail Depot for you to collect. Parcels will be held for 10 days before they are returned to Phones 4u. Please call the number specified on the card if you wish to; re-arrange delivery, collect from your local Post Office or to re-direct the parcel to an alternative address.
Please note that due to security reasons we can not deliver products to any other address than that of the customer placing the order. At present we can only deliver on a weekday. Goods ordered from this website will only be delivered to a UK address.
If for whatever reasons we are unable to fulfil the agreement to supply you with your goods within 30 days we will offer a refund on your debit / credit card or suggest an alternative good.
Subject to any rights granted to you under applicable consumer law, we accept no liability for any failure to ship products where this results from our inability to do so or our decision on reasonable grounds not to do so, provided that we take all reasonable steps to notify you within 14 days of placing the order that the goods will not be shipped as ordered. In such cases we will immediately refund any payment made, in full. It is your responsibility to ensure that you order from us with sufficient lead-time to prevent any loss or disappointment resulting from such non-shipment.
Free Gift Promotion
If your contract with us includes a free gift, then the following terms will apply to your contract with us.
- Your free gift will be despatched after 28 days of your receipt of your phone.
- If you cancel any contract with us or exchange your handset for a different model you will no longer be eligible for the FREE gift promotion. If you have already received your free gift, the free gift must be returned in as good a condition as it was in when you received it, with its original packaging along with your phone and other items being returned. If the free gift is damaged and such damage is your fault, or if you fail to return the free gift to us, you will be liable to pay us a sum equal to the full value of such item when new and selling at full price.
- We reserve the right to substitute the free gift offered with a similar free gift at the same or higher value than the free gift offered.
- No cash alternatives are available.
-
Your free gift may come with a warranty from the manufacturer (see below). It
is your responsibility to contact the manufacturer or visit the manufacturer's
website in order to register your free gift for the warranty.
Free Gift Warranty X-Box 360 Microsoft warranty -12 months Sony Playstation 3 Sony Playstation 3 -12 months Nintendo Wii Nintendo Wii -12 months
- If you experience any problems with your free gift, you should first visit the manufacturer's website and use the troubleshooting function to try to resolve the problem.
- If such problems cannot be resolved by using the website or contacting the manufacturer, you should call the appropriate number (as set out below) and report the fault.
| Free Gift | Fault reporting procedure |
|---|---|
| X-Box 360 | Call the Microsoft hotline number on 0800 587 1102 and report the fault (you will need to give them the serial number of the X-Box 360). Microsoft will then give you a fault number. When you have the fault number, you should call our web customer services team on 0844 871 2234 to tell them about the fault, and you will need to state your fault number. Provided that your claim is genuine and the manufacturer confirms that the repairs are covered by the warranty, a replacement will be provided and your faulty item will be collected within 10 working days of the date on which you report the fault. We will call you to inform you of the date on which the swap will be undertaken. If you are not in at the time of delivery, the delivery company will leave a postcard indicating the alternative arrangements available. |
| Playstation 3 | Call the Playstation Consumer Service Helpline on 08705 998877 and report the fault. Provided that the fault is covered by the manufacturer's warranty, Sony Playstation will then either help to fix the issue over the phone or arrange for a replacement console to be sent out to your home address. Should you experience any difficulties with this process please contact us on 0844 871 2234. |
| Nintendo Wii | Call our Consumer Service Team on 0844 871 2234 and report the fault. Provided that the fault is covered by the manufacturer's warranty, we will then arrange for a replacement console to be sent out to your home address. |
10. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within the time scales stated in the below service policy.
7 day Peace of Mind Guarantee.
Phones 4u offers you a period of 7 working days after the date of delivery (not including the day of delivery) to inform us of your intention to return an item, and a further 7 days to return the purchase to us*. Your purchased item must be in perfect condition, in the original packaging and we will refund your purchase. Just keep your receipt and all you will be charged for is the line rental used and any calls made (if applicable).
You will need to obtain returns authorisation from the Phones 4u Direct Support. The purchased item must reach our warehouse within 14 days of connection otherwise the return will not be processed, and the item will be returned to yourself.
*Please note, if you have purchased a pre-pay handset with airtime included, you will only be entitled to a refund for the cost of the pre-pay handset and not the sim card and the associated mobile phone airtime credit. When returning your handset you should keep your sim card as this will contain the airtime you have purchased.
Mobile Broadband + Free Laptop
Note: if you are cancelling a mobile broadband contract that came with a free laptop computer, you will be asked to return the goods (the USB Modem and the laptop computer) to us (in accordance with the Free Gift Promotion section above) at your own expense.
Ordering online
If the product was purchased over the internet you are eligible to take advantage of our 7-day returns policy or if the product is faulty, broken or incomplete, you are eligible to return the handset within 28 days (14 day on the 3 network) of receipt for an exchange / refund.
If you do cancel a contract pursuant to this clause 10, then:
You must call our Web Customer Services Team to organise returns. The number is 0844 871 2234 (open 9am to 6pm, Monday to Friday and Saturday 10am to 4pm. Calls are charged at national rate). You must also notify us in writing by sending an e-mail to: web.orders@phones4u.co.uk or a letter to;
Web Customer Services Team
Osprey House
Ore Close
Lymedale Business Park
Newcastle-under-Lyme
Staffordshire
ST5 9QD
Registered in England No. 3154198
Vat Reg no: 884 2536 96
You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition, as they were when they were delivered until such time as the goods or services are delivered back to us by you.
We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice.
Failure to do follow the process detailed above may result in refunds or exchanges being refused
11. Faulty, Damaged, Incorrect or Late Goods
Goods that are deemed faulty, damaged, incorrect or delivered after the agreed dates, can be returned to us and we will refund the full cost of postage and packaging to you. We require proof of payment to process refunds, therefore please ensure you keep any receipts. Contact the Web Customer Services Team to organise all returns by calling 0844 871 2234 (open 9am to 6pm, Monday to Friday and Saturday 10am to 4pm. Calls are charged at national rate)
We will refund any monies you have paid to us within 30 days of receipt of your returned goods.
12. Price and Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
We accept Visa, Delta, Maestro and MasterCard. Payment will be taken from your card immediately as you place your order. If you subsequently fail our security checks or for any reason we do not fulfil your order, we will refund your card with the original amount within 24 hours of notifying you. Please note that this may take up to 5 working days for your bank to process these refunds and we cannot be held responsible for any delays in refund payments.
You confirm that the credit or debit card that is being used is yours.
All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Pay monthly/ contract phones
We require a £1 deposit to be taken from your card account, which will be refunded on connection to your chosen network. The same applies to free handset offers.
13. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
- If an individual, be 18 years of age or over; and
- Stipulate a delivery address in the United Kingdom; and
- Register your real name, address, phone number, e-mail address any other details requested; and
- Possess a valid debit / credit card issued by a bank acceptable to us
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
14. Intellectual Property
Copyright, trademarks, database and other intellectual property rights protect the content of the Website and you acknowledge that the material and content supplied as part of the Website shall remain with our licensors or us.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
15. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- Will affect or limit your rights as a consumer under English law; or
- Will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
a. Incompatibility of the Website with any of your equipment, software or
telecommunications links
b. Technical problems including errors or interruptions of the Website
c. Unsuitability, unreliability or inaccuracy of the Website
d. Inadequacy of the Website to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
16. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
17. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18. Law and Jurisdiction
The Website is controlled and operated in the United Kingdom. The Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.
19. Feedback and Complaints
Here at Phones 4u we welcome comments and questions regarding our goods,
services and what we do. If you wish to contact us please send an e-mail to the
following address.
web.support@phones4u.co.uk
Or write to
Web Customer Services Team
Osprey House
Ore Close
Lymedale Business Park
Newcastle-under-Lyme
Staffordshire
ST5 9QD
We endeavour to respond to all communications within 5 days
20. Coming Soon / Advanced Order
Contract phones are supplied subject to connection to an appropriate contract
as specified at the time order.
We require a £1 deposit on all pay-monthly handsets to be taken from your
card account, which will be refunded on connection to your chosen network. The
same applies to “free handset” offers. If there is a price attached
to the handset, we will authorise that value against your card.
Stock availability on all coming soon/ advance orders are subject to date
changes. Provided are estimated times of arrivals into our warehouse.
All orders are subject to acceptance and availability. If the goods ordered are
not available, you will be notified by e-mail (or by other means if no e-mail
address has been provided) and you will have the option either to wait until
the item is available from stock or to cancel your order. Any orders placed by
you will be treated as an offer to purchase the goods or services from us and
we have the right to reject such offers at any time. You acknowledge that any
automated acknowledgment of your order that you may receive from us shall not
amount to our acceptance of your offer to purchase goods or services advertised
on the Website. The conclusion of a contract between you and ourselves will
take place when we despatch the goods to you or commence the services;
whichever is the earlier.
21. Website Accuracy
Our Web team work hard to ensure that our Website is always accurate through continual updates. However, due to the rapidly changing nature of the mobile phone industry, we cannot guarantee the accuracy of information supplied, especially with mobile phone handsets specifications, network price plans and special offers, which may change without prior notice to us. E&OE.
22. FREE £5 Games4u Voucher
For each successful* Contract / PAYG / Mobile Broadband order placed on Phones4u.co.uk between the 23rd December 2008 and January 31st 2009 you will receive a £5 gift voucher to spend on Games4u.co.uk
Your unique voucher code will be emailed to you within 7 days of your order being dispatched from our warehouse.
The voucher is only redeemable via the Games4u.co.uk website and all vouchers will be valid until 30 April 2009. Only one voucher may be used per purchase.
*Only orders that are dispatched from our warehouse will qualify for the gift voucher.
© copyright 1996-2009, Phones4U.