Terms and Conditions

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PROMOTION TERMS AND CONDITIONS

Samsung Galaxy S4 Pre-Order – Accessory Bundle

Offer is strictly whilst stock lasts, for customers pre-ordering the Samsung Galaxy S4, on a new contract or upgrade, through Phones 4u, subject to successful completion of the order, and for contract orders a credit check & connection to a new minimum term agreement. Accessory bundle will be shipped to the customer within 28 days of the despatched of the handset, and will need to be returned with the handset if the order is subsequently refunded, or if the Samsung Galaxy S4 is exchanged for a different handset. Exact accessories included in bundle are subject to change. Offer subject to availability and withdrawal without notice. Images for illustration purposes only. Price of Samsung Galaxy S4 varies dependant on tariff, network & upgrade and all prices include VAT. For full insurance protection details see Policy Booklet. Terms apply.

7.Delivery ...

Delivery Time Scales:

Here at Phones 4u, we know how much your phone means to you and for that reason we endeavour to deliver all online orders within 24-48 hours. We also don’t make you pay for delivery, so you won’t be hit with any hidden charges when your product is dispatched. However please be aware:

• These timescales are dependent on stock availability, status and credit check. Stock availability will be indicated on the product page prior to purchasing.
• We are only currently able to offer deliveries Monday to Friday (excluding bank holidays).
• If we are unable to meet your delivery date requirements, we will contact you by email to provide you with an updated expected delivery date.
• Please be aware that we do use third party companies for all deliveries and as such can’t guarantee exact delivery times and do not accept liability for any delays beyond our control (including delays by courier companies), or any delays which are caused by you.

Delivery Couriers:

All orders will be delivered by courier service DPD, except upgrades which will be sent out via Royal Mail Special Delivery.

Receiving Delivery of your order:

• All free gifts will be delivered along with the handset unless specified otherwise (i.e. Games consoles, televisions, tablets etc)
• All deliveries must be signed for. If no one is available to sign for the product then the courier may attempt to deliver to one of your neighbours. If no delivery is possible, a card will be left and parcel held at the local depot for you to collect or rearrange delivery. Parcels will be held for 5 days before they are returned to Phones 4 u. Please call the number specified on the card if you wish to re arrange delivery.
• Be sure to check the condition of your package upon delivery and if it appears damaged we advise you not to accept delivery.
• Always inspect the goods upon receipt. In the highly unlikely event that the wrong goods have been delivered or your items are defective or damaged, please inform us as soon as you can so we can rectify the situation.
• We will not be liable for any delays beyond our reasonable control (including delays by courier companies) or any delays which are caused by you. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver it.
• If for any reason we are unable to provide you with the goods you have ordered, we will ensure that you are contacted as soon as possible, at which point we will offer you the choice of accepting available substitute goods or a complete refund.

8. Your returns options

It's very unlikely that you will need to return any goods to us, and we certainly hope that you don’t have to. However, we do recognise that there are rare occasions when this is necessary so to help you in such an event, here is the detail of our returns policy.

What if I change my mind?

Purchases made online/over the phone:

Purchases made in store:

2.What if my goods don't work?

Fortunately, this doesn’t happen very often. If it does, you can be sure that we’ll be there to help you.

FAULTY* GOODS RETURNED LESS THAN 28 DAYS AFTER YOUR DATE OF RECEIPT

All goods come with 28-day unlimited technical support. If you experience any technical issues with your goods please call our technical team Monday to Friday 9am – 10pm, Saturday 9am – 8pm, Sunday 10am – 6pm on 0844 871 2234. Calls are charged at 5p per minute from a BT line, mobile and other network providers may vary.

If our technical team are unable to assist with your enquiry:

Goods connected with pay monthly contracts

1. contact the Phones 4u Direct Support Team on 0844 871 2234, who will advise of your return options.
2. once we have received the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were when they were delivered to you, and where possible returned in their original packaging, we will arrange for a like for like exchange product to be sent to you.**

Prepay or standalone goods

1. contact the Customer Support Team on 0844 871 2234, who will advise of your return options.
2. once we have received the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were when they were delivered to you, and where possible returned in their original packaging, we will arrange for a refund or a like for like exchange product to be sent to you. **

FAULTY* GOODS RETURNED MORE THAN 28 DAYS AFTER YOUR DATE OF RECEIPT

All goods are supplied with at least a 12-month return to manufacturer warranty. If you experience any faults with your goods following 28 days from the date of your purchase then please either contact us on 0844 871 2234 or the manufacturer direct. Where there are circumstances which have reasonably prevented the return within 28 days we will happily provide a like for like exchange**

Manufacturer Warranties:

Apple – 12 months (via the Operator)
Nokia – 24 months
Samsung – 24 months
Sony Ericsson – 12 months
RIM – 12 months
HTC – 24 months
Alcatel – 12 months
LG – 12 months
Motorola – 12 months
Huawei – 12 months

PLEASE NOTE:

* we will not be able to offer an exchange or a free of charge repair where the faults are not covered by the manufacturer’s warranty (for example accidental damage and moisture damage). In most cases accidental damage can be repaired but there will be a charge to do this as accidental damage is not covered by the warranty, if you wish us to, we will gladly arrange a repair for you.

**the right to return goods applies to the goods only and will not entitle you to terminate your airtime contract with your network provider.

3.IMPORTANT - Terms & Conditions

1. Where a refund is provided, this will only be given in respect of the price paid for the goods cannot be provided for any airtime and you should retain your SIM card to use any airtime purchased with the goods.
2. You will remain responsible for any pro-rated line rental, data and network charges for the period of time the goods were connected to the network.
3. If you paid a deposit when you originally connected, this will have been paid directly to your network. For this reason we are not able to refund this to you. However, if you contact your network then they would be pleased to help
4. All exchanges are subject to stock availability.
5. We will not exchange, refund or repair items where there is evidence of customer mis-use accidental damage or moisture/liquid damage.
6. Where possible, goods must be returned with the original and intact packaging.
7. Our policies do not affect your statutory rights.

9. Data Protection and Privacy ...

Phones 4u Limited, who is the ‘data controller’ of all personal data provided by you through this website, 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 and privacy 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 Information 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 (including incomplete or failed orders) and conducting business with you;
• To administer this website;
• For statistical, market research and customer satisfaction purposes to improve this website and our services to you;
• If you have not objected during the registration process, to notify you of products, services 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;

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 or whose products or services may be of interest to you. 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 other electronic means or in writing and you consent to this activity for the purposes of the Privacy and Electronic Communications (EC Directive) Regulations 2003

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.

Objections to use of personal information for marketing purposes

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 Customer Services Team
Osprey House
Ore Close
Lymedale Business Park
Newcastle-under-Lyme
Staffordshire
ST5 9QD

Or email us at web.orders@phones4u.co.uk

and notify us accordingly

• In light of new OFCOM regulations, anyone experiencing problems with silent calls can get help and information from the following link http://consumers.ofcom.org.uk/files/2009/07/nuisance.pdf

10.Liability ...

Nothing in these Terms limits our liability to you in the event of death or personal injury from our negligence.

We will not be liable under our agreement with you for any loss or damage caused by us or our employees or agents in circumstances where i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach at the time we enter into our contract with you; iii) any increase in loss or damage results from breach by you of any of these Terms.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time we enter into our contract with you (such as loss of profits or loss of opportunity).

As a consumer, you have certain rights by law regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These Terms do not affect those rights.

We will not be liable in any way for technical or other problems that you may experience when using our website and we are not responsible for any loss or damage of any kind caused to your computer equipment from using our website

11. Provisions applicable to the use of our website ...

The contents of our website are directed solely at those who access this site from the United Kingdom. Any products for sale on this site may only be purchased and delivered to persons within the United Kingdom. If you choose to access the website from outside the United Kingdom it is your responsibility to check that you comply with any relevant laws. We may decline access to our website to any person.

We may revise the provisions applicable to the use of our website at any time by updating this posting. You should check our website from time to time to review the then current provisions, because they are binding on you.

All trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us or the trade mark holders in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

Limited License: You are permitted to print and download extracts from our website on the following basis:

1. ino documents or related graphics on this website are modified in any way;
2. no graphics on our website are used separately from accompanying text; and
3. our copyright notice and this permission notice appear in all copies;
4. you only do so for your own personal use and in connection with your use of the website as part of an ordinary relationship with us. Unless otherwise stated, the copyright and other intellectual property rights in all material on our website (including without limitation photographs and graphical images) are owned by us or our licensors. Any use of extracts from our website other than in accordance with the limited license above for any purpose is prohibited. If you breach any of the terms in this paragraph 11, your permission to use our website automatically terminates and you must immediately destroy any downloaded or printed extracts from our website.

Other than by way of the limited licence above, no part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission

Any rights not expressly granted in these Terms are reserved.

Hyperlinks to other websites are provided for interest only. We have no control over these sites so we make no representations about them or their content.

You may not link our website to any other website without our prior written consent. If we give any such consent we can revoke it at any time.

We provide our website on an 'as is' basis and make no representations or warranties of any kind with respect to our site, its contents or its accessibility and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. For example, specifications of phones are obtained from the phone manufacturer. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

We will not be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the above, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

12.Competition Terms and Conditions...

• The draw will take place on the draw date stipulated at the time of entry
• The winner will be contacted by email
• If we do not hear confirmation from the winner within one week that they accept the prize, the draw will be redrawn
• By submitting your email address, you are allowing Phones 4u to contact you via your email address given. You may opt out of this at any time
• No purchase necessary. Only one entry per household.
• Employee’s of Phones 4u and their relatives are not eligible to enter the prize draw as are all persons under 18 years and anyone residing outside the UK mainland
• No cash alternatives
• We reserve the right to offer an alternative prize of the same value or higher

13. T-Mobile PAYG Price Plan Changes

The following changes will take place on T-Mobile Pay As You Go price plans from November 28th 2011.

• Per minute billing:
  We’ll be simplifying our call charges by moving to per minute billing. This means all calls from Nov 28th will be charged rounded up to the nearest whole minute. For example – a call of 2 minutes and 10 seconds will now be charged as 3 minutes.
• 1p SMS standard: The cost of an SMS on your price plan will now be increasing by 1p.
• 1p SMS XNet (WAP version 5): The cost of an SMS to any other network on your price plan will now be increasing by 1p. All texts to T-Mobile customers will remain at 6p.
• Spearhead: The cost of a voice call on your price plan will now be increasing by 5p
• For all customers affected we will focus on the new trident plans and their benefits as opposed to the price changes.

14. Upgrade Price Promise

Upgrade Price Promise Terms and Conditions.

• Upgrade Price Promise: If, as part of a pay monthly upgrade, you find a cheaper price for a handset with a competitor, on the same tariff and terms as offered by Phones 4u, then we will match the price of the handset.
• Qualifying Tariffs: This applies to consumer pay monthly upgrades only, and excludes SIM-free handsets, PAYG, business, or new connections and any 'gift-with-purchase' or cashback offers.
• Competitors: this means Carphone Warehouse, O2, Orange, T-Mobile, Vodafone and Virgin Mobile retail and online stores.
• Comparing online & in-store deals: we will only match our online prices against competitor online prices and store prices against competitor store prices. We cannot match online prices in our retail stores and vice versa.
• Matching individual deals: we can only match published handset prices. We cannot match any variations to these advertised prices (e.g. variations offered directly to individual customers).
• Like for like comparison: the handset and tariff being compared must be identical (e.g. same duration, monthly cost, inclusive minutes/texts/data, same make, model, design & network), must be in stock and subject to the same terms of sale (e.g. delivery/warranty).
• Proof: you must provide proof of the cheaper price which is satisfactory to Phones 4u.
• Deals already completed: the price promise is not valid in relation to any deals already entered into at the time when you seek to enforce the price promise.
• We reserve the right to withdraw this Promise or change these terms and conditions at any time

15. iPhone 5 Price Match Terms and conditions

If you find the iPhone 5 handset for less elsewhere we’ll match it in line with our price match guarantee conditions. Proof of competitor price required. Price match guarantee applies to prices from Carphone Warehouse, 02, Orange, T-Mobile, EE, Vodafone and Virgin Mobile. Price guarantee is like for like, applies only to deals offered in same sales channel and applies to sim free, new and upgrade connections. Cannot be used in conjunction with other deals, terms and conditions apply - see http://www.phones4u.co.uk/contact-us/help_terms.asp. or ask staff for full details.

Full Price Match Guarantee Terms and conditions

• Price match guarantee: If, as part of a pay monthly upgrade, new connection or sim free purchase, you find a cheaper price for a handset with a competitor, on the same tariff and terms as offered by Phones 4u, then we will match the price of the handset.
• Qualifying Tariffs: This applies to consumer pay monthly upgrades, new connections, and SIM-free handsets, excludes PAYG, business, or new connections and any ‘gift-with-purchase’ or cashback offers.
• Competitors: This means Carphone Warehouse, O2, Orange, T-Mobile, EE, Vodafone and Virgin Mobile retail and online stores.
• Comparing online & in-store deals: We will only match our online prices against competitor online prices and store prices against competitor store prices. We cannot match online prices in our retail stores and vice versa.
• Matching individual deals: We can only match published handset prices. We cannot match any variations to these advertised prices (e.g. variations offered directly to individual customers).
• Like for like comparison: The handset and tariff being compared must be identical (e.g. same duration, monthly cost, inclusive minutes/texts/data, same make, model, design & network), must be in stock and subject to the same terms of sale (e.g. delivery/warranty).
• Proof: you must provide proof of the cheaper price which is satisfactory to Phones 4u.
• Deals already completed: the price match guarantee is not valid in relation to any deals already entered into at the time when you seek to enforce the price match guarantee.
• We reserve the right to withdraw this price match guarantee or change these terms and conditions at any time.

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