Terms and Conditions for Use and Sales
Please read carefully.
Last updated: 16th June 2008
1. Our website
Your use of this website and any service contained within constitutes acceptance of these Terms &
Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a
customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access
your customer account. You should ensure that you store your username and password securely and
that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are
aware or suspect that your customer account username and password or other details have become
known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as
the products purchased are intended by the manufacturer for use or consumption by children.
3. Privacy
3.1Mobile Phones Direct Ltd takes your privacy seriously. We are registered under and comply with the
Data Protection Act 1998. For further details please see our Privacy Policy.
3.2You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud
checks. Personal information that you provide may be disclosed to a credit reference or fraud protection agency which may keep
a record of that information.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an
error in the pricing of a product is found we reserve the right to either cancel your order or contact you to
arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The
processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order
and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received
and processed a valid payment, and that payment has been made into our own bank account and your
order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your
order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract
between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or
details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be
made against the card used at the time of purchase. No other form of refund or credit will be offered nor
will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the
product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered
a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action
outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery
or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all
customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your
order may be subject to delay or be opened and searched by local customs authorities when entering
the destination country. Please note we are unable to provide specific advice on customs duties or
tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your
purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working
days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid
cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling)
Regulations 2000 once you have used your product, unless the product is defective and you are
returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if the goods are
defective as diagnosed by the manufacturer or a manufacturers appointed agent or repair centre.
7.5 No right of cancellation exists for Goods where you have agreed to a connection or service contract
with a mobile phone network as specified in that networks separate terms and conditions.
7.6 Please observe the following procedure for all returns to us:
7.6.1 Email webshop@mobilephonesdirect.co.uk or telephone 0845 470 4000 to obtain a returns
Authorisations number (RAN).
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals,
guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund
where the product is in an incomplete state. Use where supplied the outer packaging and returns label
found on the front of the delivery note. Clearly write the Returns Authorisations number in the box
marked RAN on the returns label.
7.7 If the original packaging surrounding the product has been damaged or destroyed we will only issue
a refund if the product is being returned due to a defect. If the original packaging of a defective product
has been damaged or destroyed you should ensure that the returned product is adequately packed for
shipment back to us.
7.8 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.9 We recommend that all returns be sent by registered post, so that a record of the return is available
for you. In most instances we will include a returns bag that you can take to your post office.
7.10 We will not issue refunds for any items lost or stolen in transit to us.
7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company
that shipped the return.
7.12 If you fail to return a product to us, we may make arrangements to have the product collected from
you. The cost of this collection will be passed on to you.
7.13 Unused products may be returned promptly by customers to the address listed below:
Mobile Phones Direct Ltd
Unit 2
Courtyard Business Centre
Farmhouse Mews, Thatcham
Newbury, Berkshire
RG18 4NW
7.14 Subject to the above, we will refund the purchase price of a returned product within thirty days of
receiving written notification of your intention to return the product.
7.15 We will also refund the cost of standard or recorded postage incurred returning a product, if
incorrectly sent by us or where the product has been returned due to a defect. Please note that we will
not refund any courier, overnight or express element of any delivery or postage charge, including Royal
Mail Special Delivery.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
9. Faulty Products
Where a Customer experiences a fault with a product it can be returned to Mobile Phones Direct Ltd,
subject to our returns policy above.
10. Events outside our control
Mobile Phones Direct Ltd shall not be liable for delay or failure to perform any obligation under these
Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable
control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. Licence
11.1 Mobile Phone Direct Ltd grants you a licence to access the content, information and services
contained within our website for personal use only.
11.2 This licence allows you to download and cache (using your browser) individual pages from our
website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our
website nor to make our website available via an intranet, where our website or a substantial part of it is
hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated
without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to "deep link" to pages within our website, without our express prior
written permission. All links (unless expressly permitted by us) should be to the main index page of our
website. Furthermore, the content of such links, whether graphic or text should not be misleading, false,
derogatory or in any other way offensive.
11.7 The restriction on "deep linking" does not apply to affiliate partners who wish to send customers
directly to a particular page or product in order to increase their affiliate sales.
12. Copyright
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of
Mobile Phones Direct Ltd, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted
without our express prior written permission.
13. Reasonably Foreseeable Losses
13.1 Mobile Phones Direct Ltd will be liable for any losses incurred by you due to breaches of these
Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract
between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract
between you and us are excluded.
13.3 Mobile Phones Direct Ltd does not exclude or limit liability for death or personal injury caused by
the negligence or breach of duty by us, our employees or officers.
14. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and
construed independently of each other. Should any part of this agreement or its paragraphs, subparagraphs
or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and
clauses.
15. Waiver
Failure by Mobile Phones Direct Ltd to enforce any accrued rights under these Terms & Conditions is
not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in
writing.
16. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Mobile
Phones Direct Ltd. We reserve the right to change these Terms & Conditions at any time, without giving
notice to you.
17. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law
and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are
unaffected.
Our contact details are as follows:
Mobile Phones Direct Ltd
Unit 2
Courtyard Business Centre
Farmhouse Mews, Thatcham
Newbury, Berkshire
RG18 4NW
- Email:
- webshop@mobilephonesdirect.co.uk
- Telephone:
- 0845 470 4000
- Fax:
- 0845 470 4100
- Company registration number:
- 2890187
- VAT registration number:
- GB 614 9775 11