mPhone
Ltd Terms and Conditions for purchases from the On-line Store
1.0
Warranty Period
1.1
All products purchased from this web site are covered by a
24 month manufacturer's warranty, in relation to defective
materials or workmanship from the date that they are delivered
to you, under which your products may be repaired or replaced
free of charge by the manufacturer.
1.2 In the unlikely event that you experience a fault
or defect with the products as a result of defective materials
or workmanship, please contact the service centre nearest
to you as specified in the manufacturer's literature accompanying
the products.
2.0
Ordering
2.1
The information displayed on this web site, including prices,
does not constitute an offer to contract or enter into an
agreement.
2.2
When you send an order by means of the On-line store for products
and/or services your order shall constitute an offer for the
products and/or services selected.
2.3
We shall not be obliged to accept your order. If we do, your
order may be accepted by us by means of an e-mail confirming
the order sent to the e-mail address supplied with the order.
2.4
We reserve the right to decline any order for any reason,
prior to the order being shipped.
2.5 A contract or agreement for the products and/or
services selected shall only be formed once our confirmation
message is correctly sent to the address of your electronic
mailbox on your Internet access provider's server. It is your
responsibility to verify that your mailbox is in proper working
order and you must assume the risk of all consequences for
transmission or operational failures.
2.7 No orders shall be accepted if received from
persons under the age of 18.
3.0 Price and Payment
3.1
While we try to ensure that all details (including prices)
displayed on this web site are correct and up to date, we
cannot guarantee that they are. We do, however, update this
web site as frequently as possible. You must ensure that,
prior to placing an order, you have checked all relevant details
about the products and/or services you have selected, as those
may have changed since you last visited this web site.
3.2
All products and/or services displayed on this web site are
subject to availability. We will advise you if a product or
service is unavailable.
3.3
All prices are subject to change at any time up to the time
the order is shipped. If a price is corrected due to exceptional
circumstances, we will inform you as soon as possible and
provide you with the option of either cancelling the order
or to continue with the order at the corrected price.
3.4
All prices marker “inc VAT” are inclusive of VAT (but do not
include delivery charges). For orders to be shipped outside
of the European Union, VAT will not be charged. In such cases,
prices marked “exc VAT” apply. Duties may, however, be incurred
at the destination country. You will be responsible for paying
any such duties according to the local laws and regulations
of the destination country.
3.5
For orders within the UK, mPhone Limited will accept payment
by way of payment cards (Visa, MasterCard, Switch, Solo, Delta
and American Express) as well as payment by cash deposit,
bank transfer (BACS bill payment or CHAPS Telex Transfer).
For all orders outside of the UK, for countries that mPhone
Limited ship to, payment by way of bank transfer or Western
Union will be accepted. Payment by way of Visa, MasterCard
or American Express may be accepted for certain countries,
provided that mPhone receive authorisation on name, address
and amount from the card issuer and / or a signed authorisation
form and copies of the credit card (front & back) are
received by either fax or by post (see the contact details
below). For more information, please see the Security
Requirements.
3.6
In all cases mPhone Limited requires receipt of cleared
payment, in Pounds Sterling, prior to arranging delivery of
the goods to you. For you convenience we provide a currency
converter (see left hand menu) to give you an indication of
the prices in other currencies. However, mPhone Limited are
not liable for any errors or subsequent changes or differences
in the currency values.
3.7
Your payment card will be debited when the order is ready
to ship. In the event that the product you have ordered is
temporarily out of stock, your payment card will be debited
when the product is available next and is ready for delivery
to you. If you do no longer wish to wait for an unavailable
product, you can cancel the order for the product, either
verbally or in writing (by mail, fax or e-mail).
3.8
The price of any product is the price quoted on our web site
at the time of your order.
3.9 mPhone Limited reserves the right, giving notice
to you anytime before delivery, to increase the price of the
products to reflect an increase in the costs to mPhone Limited
which is due to any factor beyond the control of mPhone Limited,
any change in delivery dates, quantities or specifications
for the products which is requested by you, or any delay caused
by any instructions by you or the failure by you to give mPhone
Limited adequate information or instructions.
4.0 Delivery
4.1
Delivery of the products will be made by mPhone Limited
by the following methods:
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4.1.1
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for
orders within the mainland UK, by next day registered
or recorded post or courier; or
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4.1.2
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for
international orders, by FedEx Courier Service or equivalent;
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4.2 Any dates quoted for delivery of the products are
approximate only, however, we will ensure that all goods are
delivered within 30 days of acceptance of your order. If goods
cannot be delivered within 30 days we will tell you and agree
with you when the goods will be delivered.
4.3 All costs associated with the delivery as quoted
by us are to be paid by you with the price of the goods.
4.4
If mPhone Limited fails to deliver the products for any reason
other than any cause beyond mPhone Limited's reasonable control
or your fault, and mPhone Limited is accordingly liable to
you, mPhone Limited's liability shall be limited to the excess
(if any) of the cost to you of similar goods to replace those
not delivered over the price of the products.
5.0 Risk
5.1
Risk of damage to or loss of the products shall pass to you
at the time of delivery or, if you wrongfully fail to take
delivery of the products, the time when mPhone Limited has
tended delivery of the products.
6.0
Returns, Complaints and Disputes
6.1
Replacement policy (14 day). If goods sold by mPhone
Limited are found to be faulty "out of the box"
or develop a fault in the first few days, you may return them
to mPhone Limited and we will send you free replacement provided
that mPhone Limited have verified the fault, the goods reach
mPhone Limited strictly within 14 calendar days from invoice
date, the date the goods were originally shipped out to you.
The following needs to be included:
- The
goods in their original packaging with all accessories and
documentation;
- The
completed returns form; and
- A copy
of the original invoice.
6.2
Cancellation (7 day). If for any reason, you have decided
to change your mind and did not like the goods we sent you,
then you have the right to give us a notice of cancellation
strictly within 7 calendar days from invoice date, the date
the goods were originally shipped out to you. If you wish
to cancel the contract, the following provisions apply:
- Any
such notice of cancellation must be given to us at the address
set out above or by e-mail to
- If
you cancel the contract we will refund you the sum paid
by you within 30 days.
- If
you cancel the contract you must return the goods to us.
- the
goods must reach mPhone within 14 days of shipping the items
out to you.
- the
packaging and all contents must remain in their brand new
condition. Proper packaging will have to be used in returning
the goods
- if
the goods contain software that has been opened or if the
protective packaging of a handset or accessory have been
removed, then a 25% re-stocking fee will be applied.
- it
will not be possible to refund any shipping charges.
6.3
Complaints. If you have a complaint about our service,
please let us know in writing. All complaints will be acknowledged
within five working days. We will seek to resolve all complaints
within 14 days and will keep you advised as to what is happening
throughout the resolution process.
7.0
Definitions
7.1
In these conditions:-
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7.1.1
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"you"
means the person whose order to purchase goods or services
is accepted by us;
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7.1.2
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"we"
or "us" means mPhone Limited;
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7.1.3
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"Product/Goods
or Services" means the products or services which
we agree to supply in accordance with these conditions;
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7.1.4
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"Conditions"
means the Standard Terms and Conditions of sale set
out in this document and (unless the context otherwise
requires) includes, any special terms and conditions
agreed in writing between you and us.
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8.0
Privacy Policy
8.1
We are committed to protecting your privacy. We will only
use the information that we collect about you lawfully (in
accordance with the Data Protection Act 1998).
8.2
We collect information about you for 2 reasons: firstly,
to process your order and second, to provide you with the
best possible service.
8.3
We will not e-mail you in the future unless you have given
us your consent.
8.4
We will give you the chance to refuse any marketing email
from us or from another trader in the future.
8.5
The type of information we will collect about you includes:
- your
name
- address
- phone
number
- email
address
- credit/debit
card details
8.6
We will never collect sensitive information about you
without your explicit consent.
8.7
The information we hold will be accurate and up to date.
You can check the information that we hold about you by emailing
us. If you find any inaccuracies we will delete or correct
it promptly.
8.8
The personal information which we hold will be held securely
in accordance with our internal security policy and the law
and the Which? Web Trader Code.
8.9
If
we intend to transfer your information outside the EEA (European
Economic Area) we will always obtain your consent first.
8.10
We may use technology to track the patterns of
behaviour of visitors to our site. This can include using
a "cookie" which would be stored on your browser.
You can usually modify your browser to prevent this happening.
The information collected in this way can be used to identify
you unless you modify your browser settings.
8.11
If you have any questions/comments about privacy, you
should email us.
9.0
General
9.1
These terms do not affect your statutory rights as a consumer.
9.2
The information we are required to provide to you in accordance
with the Consumer Protection (Distance Selling) Regulations
2000 is as follows:
9.2.1
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The
Suppliers name is mPhone Limited whose place of business
and address for correspondence is: 191-192 Temple Chambers,
Temple Avenue, London EC4Y 0DB |
9.2.2 |
The
goods being supplied will be described in the confirmation
message sent to you in accordance with Section 2.5. |
9.2.3
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The
price for the goods will be described in the confirmation
message
sent to you in accordance with Section 2.5. |
9.2.4
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The
delivery costs for the goods will be described in the
confirmation message sent to you in accordance with Section
2.5. |
9.2.5
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Arrangements
for payment for the goods are as set out in Section 3
of these Conditions. |
9.2.6
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Arrangements
for delivery of the goods are as set out in Section 4
of these Conditions. |
9.2.7
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The
details of your right to cancel the contract are set out
in Section 6 of these Conditions. |
9.3
Our Customer Services phone number is +44 (0)20 7353 7705. Our phone lines are open from 9 am to 6
pm Monday to Friday.
9.4
Any contracts or agreements formed between you and us by means
of this web site shall be governed and construed according
to English law, will be deemed to have been made in the UK
and any disputes or proceedings shall be subject to the exclusive
jurisdiction of the English courts.
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