1.Who operates the Phones 4u website
This website (www.phones4u.co.uk) is operated by Phones 4u Limited, a company incorporated in England and Wales with company registration number 03154198, whose registered office is at Osprey House, Ore Close, Lymedale Business Park, Newcastle-under-Lyme, Staffordshire, ST5 9QD, and references to “we”, “our” or "us" or "Phones 4u" refer to Phones 4u Limited.
If you make a purchase from this website, you are entering into a contract with Phones 4u Limited for the supply of the handset, USB dongle or laptop (as appropriate) and (other than where you are buying the goods on a standalone basis without a network contract) a contract with the relevant network provider for the supply of the network services.
The following are the terms and conditions (called "these Terms") for the supply of goods and services by us. We may change these Terms from time to time without notice to you. However, any changes will only apply to any orders received after the change.
We intend to rely upon these Terms. If you want to change them, please make sure you ask for any changes to be put in writing before you place your order. This is to avoid any misunderstandings as to what we and you are expected to do. It is important that you read and understand these Terms before ordering from us. If there is any term that you do not understand please notify our Customer Services Department before ordering from us. Contact customer service on 0844 871 2234 or email us at web.orders@Phones4u.co.uk
Our offers will have specific terms which are applicable to them and these will be explained to you by phone or on our website at the relevant page. All offers are valid only for the periods stated in the relevant advertisement or on the relevant web page.
The benefit of any contract entered into with us is personal to you and only you can enforce the contractual terms.
If any provision of these Terms is unenforceable this will not stop the rest of these Terms from being enforceable.
Even if we do not exercise any of our rights on a particular occasion, that will not prevent us exercising those rights in the future.
These Terms are governed by and construed in accordance with the laws of England and Wales. Each of us submits to the non-exclusive jurisdiction of the English Courts.
3.Supply of Phones, USB Modems and Laptops.
Unless we have specifically agreed to sell you a phone or laptop on a standalone basis we only agree to sell or supply a phone, USB modem or laptop (as appropriate) to you on the basis that you enter into an airtime agreement to connect the phone or USB modem we supply to an airtime provider for the specified minimum period on the particular network and tariff that is associated with the phone or USB modem. If there is a connection fee and/or a delivery charge, you must also pay that. The reason we insist on this is because mobile phones, USB modems and laptops can have a significant cost to us and we can only sell or supply a phone, USB modem or laptop either free or for a price far below what the item is worth (depending on the model or offer) if you also enter into such an airtime agreement. Your contract for airtime is not with us but is with a separate airtime provider
If we deliver a phone USB modem or laptop (as appropriate) to you (other than on a standalone basis) and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone USB modem or laptop (as appropriate) to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the items delivered to you. Our price list is on available on request.
The goods we deliver to you become your responsibility once they are delivered to you.
To be eligible to purchase goods on this website and lawfully enter into and form contracts on this website under English law you must:
By offering to purchase goods and services you represent to us that you are 18 years of age or over for contract handset/SIM only/mobile broadband purchases, or 16 years of age or over for prepaid handsets/mobile broadband 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.
The details on our websites or in our advertisements or contained in our marketing materials and activities are not offers that you can accept. All orders other than orders for goods on a standalone basis are subject to you passing any status and credit checks required by the airtime provider. Where you are paying any money for the goods, all orders are subject to obtaining payment authorisation from your credit or debit card provider. We will let you know if you do not pass these checks or if we do not obtain such authorisations
Except where you have ordered goods on a standalone or pay as you go basis, we will require a £1 deposit to be taken from your card account, which will be refunded on connection to your chosen network.
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.
Prior to entering the contract, we will be under no obligation to supply you with the goods and/or services you have ordered.
We reserve the right to refuse or reject any order to obtain any goods or services at any time.
COMING SOON / ADVANCED ORDER
If you take advantage of our pre-order service, we require a £1 deposit on all pay-monthly products, which will be refunded on connection to your chosen network.
Stock availability on all coming soon/ advance orders are subject to date changes. The dates 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 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.
CLEARANCE GOODS
Clearance goods are reconditioned and have been rigorously tested and fully refurbished by our engineers and re-packaged as new. All our clearance products are supplied with a 12-month warranty.
Any issues regarding faulty equipment should be directed to Phones 4u. This does not affect your statutory rights.
In the unlikely event you do experience a problem with these products please contact the Phones 4u Customer Services Team on 0844 871 2234.
If you have agreed to pay for goods during a telephone call with us, the price will be the price that we tell you during our telephone call. If you order from our website (unless we have made an error) the price will be the price quoted on the online order form.
If you have selected a "Bill Credit" tariff - Billing credits are a discount applied by Phones 4u to your monthly bill. Each month, you will have a discount applied, which will show as credit on your bill, you will still receive the advantages of the normal price plan but at a discounted rate. These credits will run for the agreed contract period. The Network will always try to apply the bill credits from your first bill however these can only be applied to a full months cycle (approximately 30 days) as all bills are pro-rata. We offer a variation of billing credits and contract lengths on selected deals, be sure you know what discount amount you will receive and contract length as this does vary.
Occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price and ask you if you still wish to place a new order with us. If we have not heard back from you within 10 days, then we will assume that you did not want to place a new order and we will give you a full refund if you have already paid.
We reserve the right to cancel the contract between us if one or more of the goods you ordered were listed at an incorrect price due to a typographical error or because of an error in our website. If we do cancel your contract in such circumstances, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
By ordering from us, you agree that we are authorised to charge your credit or debit card with the amount shown on the online order form or the amount we agree with you over the phone.
Once you are connected to your airtime provider, your first bill may not be for a complete month. The exact period will depend on the particular billing cycle that the airtime provider operates. We do not have any control over this but it does mean that any free minutes and/or free messages are pro rated from connection up until the date of your first bill. This means that you may not have your full minutes or texts and we recommend that you check this with your airtime provider upon receipt of the phone.
Your airtime provider's telephone number is included with the paperwork that will be sent to you with your phone.
FREE GIFTS
If your contract with us includes a free gift, then the following terms will apply to your contract with us.
CASHBACK/DISCOUNTS BY REDEMPTION
BlackBerry
BlackBerry Orange Sales
BlackBerry devices sold on any price plan other than the BlackBerry tariffs require the additional BlackBerry bundle £5 per month to be applied to the customer's account, if you do not apply this extra charge, the BlackBerry services including MMS and GPRS will NOT work and extra charges may appear on the customer’s bill. Terms & Conditions apply; please contact the network for further details.
BlackBerry O2 Sales
BlackBerry devices sold on any price plan other than the BlackBerry tariffs require the additional BlackBerry bundle £10 per month to be applied to the customer's account, if you do not apply this extra charge, the BlackBerry services including MMS and GPRS will NOT work and extra charges may appear on the customer’s bill. Terms & Conditions apply; please contact the network for further details.
BlackBerry Vodafone Sales
BlackBerry devices sold on any price plan other than the BlackBerry tariffs require the additional unlimited BlackBerry £10 per month to be applied to the customer's account, if you do not apply this extra charge, the BlackBerry services including MMS and GPRS will NOT work and extra charges may appear on the customer’s bill. Terms & Conditions apply; please contact the network for further details.
Samsung Galaxy S3 Pre-Order
Samsung Premium Accessory Bundle - Terms and conditions
Customers who validly and successfully place a pre-order for a Samsung Galaxy S III from Phones 4U’s website or call centre will receive a free Accessory Bundle. Pre-orders are subject to status (including credit check), and subject to Phones 4u’s standard terms and conditions. In order to be eligible to receive the Accessory Bundle, customers must pass the credit check with their chosen network. Customers who return their handset will not be eligible for this promotion and will be required to return their Accessory Bundle along with their handset. The Accessory Bundle may be delivered separately to the Galaxy S III, Phones 4u will contact the customer via email to state when they will receive their Accessory Bundle. The promotion is available while stocks last and Phones 4u reserves the right to offer an alternative gift of the same value or higher. Phones 4u reserves the right to amend, modify, cancel or withdraw this promotion at any time without notice. This offer is not available in conjunction with any other offer.
Method of delivery will vary dependent on the cost of goods purchased:
We will try to deliver the goods on the date agreed with you. If we are not able to do so, then we will inform you and we will agree an alternative date with you or you may, if you wish, cancel the contract and we will fully reimburse you. We will deliver to the address agreed with you at the time you place your order. You must be available to accept personal delivery and sign acknowledgement of delivery. If the package appears damaged when it is delivered to you we advise you not to accept delivery.
Please note that due to security reasons we cannot deliver products to any other address than that of the customer placing the order. At present we can only deliver on a weekday.
We strongly recommend that, upon receipt, you inspect the goods. In the unlikely event that we deliver the wrong goods to you or the goods are defective or damaged, please inform us as soon as reasonably possible.
We will not be liable for any delays beyond our reasonable control. 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 we are unable to provide you with the goods you have ordered for reasons beyond our reasonable control, you will be contacted as soon as possible at which point you will be offered the choice of accepting substitute goods (if available) or a complete refund of any sums that you have paid.
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?
Under the Distance Selling Regulations, you have 7 working days after the delivery date (not including the day of delivery) to inform us of your intention to return an item. A ‘working day’ is any day which is not a Saturday or Sunday or public holiday in the UK. You must follow these steps:
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
Prepay or standalone goods
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
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
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:
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:
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
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:
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...
Nokia Play 360° Promotion - Terms and conditions
Customers who validly and successfully place a pre-order for a Nokia Lumia 900 from Phones 4U’s website and call centre will receive a free Nokia Play 360° (while stocks last). Pre-orders are subject to status (including credit check), and subject to Phones 4u’s standard terms and conditions. In order to be eligible to receive the Nokia Play 360°, customers must pass the credit check and must remain connected to their chosen network 28 days after receipt of their Nokia Lumia 900. Customers who return their handset will not be eligible for this promotion and will be required to return their Nokia Play 360° along with their handset. The Nokia Play 360° will be despatched 28 days after the despatch of your Nokia Lumia 900 handset. The Promotion is available while stocks last and Phones 4u reserves the right to offer an alternative prize of the same value or higher. Phones 4u reserves the right to amend, modify, cancel or withdraw this promotion at any time without notice. This offer is not available in conjunction with any other offer.
HTC MediaLink HD Promotion - Terms and conditions
Customers who validly and successfully place a pre-order for a HTC One X or HTC One S from Phones 4u’s website or call centre will receive a free HTC MediaLink HD. Pre-orders are subject to status (including credit check), and subject to Phones 4u’s standard terms and conditions. In order to be eligible to receive the HTC MediaLink HD, customers must pass the credit check and must remain connected to their chosen network 28 days after receipt of their HTC One X or HTC One S. Customers who return their handset will not be eligible for this promotion and will be required to return their HTC MediaLink HD along with their handset. The HTC MediaLink HD will be despatched within 28 days of the despatch of your HTC One X or HTC One S handset. The Promotion is available while stocks last and Phones 4u reserves the right to offer an alternative prize of the same value or higher. Phones 4u reserves the right to amend, modify, cancel or withdraw this promotion at any time without notice. This offer is not available in conjunction with any other offer.
Sony MIB Prize Draw
ELIGIBILITY
This promotion is open to individuals resident in the UK who purchase a Sony Xperia S between the dates of 1st May 2012 up to and including 31st May 2012 and who have not returned their handset and exchanged it for another make or ineligible model by the date on which the draw is made. Employees of Phones 4u and their relatives will be ineligible. Only one entry per valid handset purchased.
ENTRY
Entry to the competition is automatic upon purchase of an eligible handset
DRAW AND WINNERS
The draw will take place on 15th June 2012. Winners will be contacted by email and SMS. If we do not hear confirmation from a winner within a week that they accept the prize, the draw will be redrawn.
PRIZE
There are the following prizes:
Only one prize per entry and we reserve the right to offer an alternative prize of the same value or higher. No cash alternatives are available.
USE OF INFORMATION & PUBLICITY
Phones 4u shall be entitled to publish the winner’s name and home town and will share winner’s details with Sony Corporation. Phones 4u may contact you (including via email) for marketing and other purposes in line with the privacy policy published on its website. For winners’ details, please email [Enter email address] within 28 days of the draw date.
Terms and Conditions specific to prize of a trip to Las Vegas for 4 people
Terms and Conditions specific to prize of cinema tickets
Terms and conditions for the Sony MIB free film download
OTHER
Phones 4u reserves the right to amend, modify, cancel or withdraw this competition at any time without notice.
Promoter: Phones 4u Limited, Osprey House, Ore Close, Lymedale Business Park, Newcastle-under-Lyme, Staffordshire, ST5 9QD
Jay Z & Kanye West Terms & Conditions
Prize:
A pair of tickets to see JayZ and Kanye West in their Watch the Throne concert on 22rd June 2012 at the LG Arena Birmingham.
How to enter the competition to win A pair of Kanye West and JayZ tickets at the LG Arena Birmingham
The Small Print Competition entry, Terms and conditions:
TICKET TERMS AND CONDITIONS
Tickets will be provided by the LG Arena’s official box office, The Ticket Factory, and are supplied subject to their terms and conditions which can be found on The Ticket Factory’s website - https://www.theticketfactory.com
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.