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1. Stock Availability 1.1. All products listed on our website are subject to availability. 1.2. We accept orders that are placed online or via telephone to our customer services department. 1.3. All order forms must be fully completed, with the correct information given within each field. 1.4. Mobile Phones Direct will seek to verify your order in conjunction with the mobile phone network. In some instances a proof of identity and/or a proof of address may be requested. 1.5. The credit/debit card details that you provide may be used to carry out further checks or “authorisations” with the card issuer for security purposes. 1.6. Applications for all contract mobile phone purchases are subject to the successful completion of both a credit check and the Mobile Phones Direct security “authorisations”. 1.7. Complications caused by any of the above in Clauses 1.3 - 1.6 may cause a delay in the processing and despatch of your order. Any problems encountered in clauses 1.3-1.6 could cause a delay in the processing and despatch of your order. 2. Payment / Ownership of Goods 2.1 We accept payment by Visa, Delta, Switch, Mastercard cards that are not swipe only. We do not accept Solo or Electron cards. 2.2 Within these terms and conditions: "Promotional Product" means an item or product offered free of charge with goods that have been supplied and paid for, or discounted to free. “Goods” means all products that are offered for sale by Mobile Phones Direct and also applies to mobile phones that have been discounted or supplied free of charge on contract connections. 2.3 Goods and promotional products remain the property of Mobile Phones Direct Ltd until the goods are paid for in full. If your cardholder declines payment, or your bank does not honour your cheque, whether before or after despatch of the goods to you, we will treat the order as being cancelled. If the goods and promotional products have been despatched we may:- a) Require you to return the goods and the promotional products to us in good condition within 7 days; or b) Require you to pay in full by satisfactory alternative means within 7 days. 2.4 Any claim or obligation under this Clause is without prejudice to our rights under Clause 14 of these Terms and Conditions of Business. 3. Website Accuracy 3.1. Mobile Phones Direct does not guarantee the accuracy of information supplied on the web site. This includes (but is not limited to) product specifications, network tariffs, call charges, product prices and special offers and promotions which may change without prior notice, before or after you have placed your order with us. 3.2. Products, prices, offers, tariffs and promotions are valid only for the period they are displayed on our website (unless otherwise stated) - all of which are subject to availability. 3.3. Pictures of products are as a representation only and should be used only as a guide. Specifications and/or colours of products may change without prior notice. 4. Product Warranty 4.1. All products come with a 12-month manufacturer`s warranty. This warranty does not affect your statutory rights, which cannot be excluded or restricted at law. 4.2. Mobile Phones Direct supplies all contract customers with complimentary insurance for the first three months after connection. You may cancel the insurance after the free period. Mobile Phones Direct strongly recommends that customers keep their handset(s) insured for the duration of the airtime agreement. 5. Delivery 5.1. Packages are delivered by Royal Mail or Initial CityLink. Both delivery methods require a signature upon delivery. The signature of any person upon delivery shall be deemed to signify the acceptance that the goods have been received in good order. Please note that this term will stand whether or not the person signing is the actual customer. 5.2. Accessories - we endeavour to despatch all in stock accessories within 5 working days of the order being placed. 5.3. Mobile Phone Contracts - we endeavour but cannot guarantee to despatch all in-stock contract and prepaid mobile phones within 1-2 working days of ordering. Saturday and Monday delivery cannot be guaranteed. Deliveries are not made on Sundays or Bank Holidays. 5.4. Prepaid Sim Cards - we endeavour to despatch these connections within 5 working days of ordering. 5.5. Mobile Phones Direct cannot be held responsible for any delays or any losses by delays in delivery caused by any courier or delivery service. 5.6. We do not deliver any orders outside of the United Kingdom unless specific arrangements are authorised my Mobile Phones Direct senior management. 6. Privacy of Information 6.1. Any information collected by Mobile Phones Direct, including that gathered at the time of ordering/registration, is collected lawfully and in accordance with the Data Protection Act 1998. 6.2. Where there is suspicion that an act of fraud is being perpetrated, (for example, when the stated name and address is different to that of the credit/debit card owner), Mobile Phones Direct reserve the right to pass identification (such as name, address, email and ISP details) to other businesses, fraud data bases and relevant authorities. 6.3. From time to time we may send you information via email, SMS or post regarding your purchase or regarding other services/products available from Mobile Phones Direct. It is possible to opt-out from these information updates. 6.4. Please see the “Privacy Policy” page on the Mobile Phones Direct Ltd for further detailed information on privacy issues. 7. Pricing 7.1. Unless we indicate otherwise, all prices stated include VAT and delivery within the United Kingdom (excluding Eire). All Errors and Omissions are excepted. 8. Mobile Phone Contract Connections and SIM Card Connections 8.1. All mobile phone and prepaid SIM card connections (excluding prepay handsets) are subject to a minimum 12 month airtime contract. All connections (excluding prepay) are subject to a connection fee (unless otherwise stated). All contract connections are subject to status and acceptance by the service provider, to UK residents aged 18 years or over. Contract upgrades are also subject to a further 12 months airtime contract. 8.2. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will advise the applicant of any negative credit assessments and connection refusals. Mobile Phones Direct cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant. See also Clause 1.7. 9. The Return of Goods 9.1. It is the customer`s responsibility for the safe return of all goods. All items must be returned as they were received with their original packaging and full contents included, along with original documentation and proof of purchase. Items returned in a less than pristine condition and/or with damaged or missing packaging will incur charges to cover the cost of the items. These charges will be pursued by Mobile Phones Direct. 9.2. Where a refund is sought for non faulty items we reserve the right to charge the initial cost of delivery. We will not charge for the initial costs of delivery where the product supplied was not of satisfactory quality. 9.3. Refunds will not be given if Mobile Phones Direct judge that the product has been wilfully damaged, misused, neglected, overloaded, modified, adapted or repaired. 9.4. Where goods become faulty within the first 7 days and qualify for an exchange, the faulty items must be returned to us, with the original packaging, within 28 days of the date of Invoice. Items returned as faulty and subsequently found to be subject to customer damage will incur charges. These charges will be pursued by Mobile Phones Direct. 9.5 Should the return be because of a change of mind the customer will be responsible for all return postage costs. Contract and pre pay handset packages must be returned within the first 7 days. All other items must be returned within the first 7 days also. 9.6 We will only refund postage or supply a prepaid packet for faulty items that are returned to Mobile Phones Direct within the first 7 days. 9.7 We cannot refund for items downloaded onto mobile phones or sim cards such as ring tones, logos, games or content which is lost due to faults or returning of products. We cannot make reimbursements for any loss of data, such as phone book or personal information that is stored on your mobile phone or SIM card and subsequently lost due to a fault or request to return the product. 10. Returning Contract Connections and Contract SIM Connections 10.1. If you are dissatisfied in any way with any contract connection or contract sim connection it is essential that you return it to Mobile Phones Direct within 7 days of connection. The day the handset / SIM is connected by Mobile Phones Direct is classed as day one. 10.2. Upon safe return of the product we will remit a full refund. 10.3. All items must be returned as they were received with the original packaging and full contents included along with original documentation and proof of purchase. 10.4. Where a refund is sought we reserve the right to charge the initial cost of delivery. We will not charge for the initial costs of delivery where the product supplied was not of satisfactory quality. 10.5. Clause 10 does not apply to pay as you go or pre-paid hand set packages. See Clause 9. 11. Your Legal Rights as a Consumer 11.1 These Terms and Conditions do not affect any of your statutory rights, which cannot be excluded or restricted at law. 12. Complaints 12.1. If you have cause for complaint regarding any service or product provided by Mobile Phones Direct please email full details for the attention of the Duty Manager to info@mobilephonesdirect.co.uk. 13. Early Termination of Air Time Contracts / Changing of Tariffs 13.1.1 In the event that you are disconnected from your network for any reason within the period of 120 days from your initial billing date, we will invoice you the minimum sum of £200 plus VAT per handset. The charge will be dependant on the tariff selected at the time of disconnection and the handset supplied. 13.1.2 Disconnections arising during the initial 7 day period are the only exceptions to the above clause 13.1.1 13.1.3 In the event that you elect to downgrade your tariff in the first 120 days from your initial billing date ("first period") we will invoice you the minimum sum of £100 plus VAT per handset. The charge will be dependant on the tariff selected at the time of the downgrade. Should you change your tariff during the first 120 days from your initial billing date, either up or down, the "first period" will start again. 13.1.4 It is important to note that some networks and service providers will not allow you to downgrade your tariff during your contract. It is in your interest to select the lowest tariff that is most suitable for your needs at the commencement of your contract. You may upgrade your tariff with all networks. 13.2 Should you have supplied us with your credit or debit card details you hereby expressly authorize us to deduct the above amounts from your card account in the event of either of the above conditions arising. 14. Orders Taken via the Telephone 14.1. We aim to give the most accurate and up to date information available when taking orders. Mobile Phones Direct cannot be held responsible for networks, service providers, manufacturers and their distributors who from time to time change specifications, terms and conditions and offers. 14.2. Mobile Phones Direct cannot be held responsible for any claim of inaccurate information given during a telephone conversation/order. 14.3 We may record all telephoned orders for confirmation and training purposes. 15. Line Rental 15.1. All line rental amounts reflect the maximum cost for 3 months after connection. The network / service provider are entitled to alter service plans at any time after this period. 16. Line Rental Credit Cashbacks (LRC) 16.1. LRC cashbacks must be claimed after 90 days but within 180 from the date of connection. The LRC form must be completed in full and returned with a copy of your latest mobile phone bill. The LRC form is available to download from the Mobile Phones Direct website and can be found in the `Help` section. 16.2. Allow 28 days for your cash back, which will be credited directly to the bank account as originally supplied to us. At the time of claim your mobile number must not be disconnected, barred or pending disconnection. In the event that another mobile number is held on the same network billing account and is disconnected within 90 days from connection of your new mobile number the cash back claim will be void as this is viewed as a de and re-connection by the network. Mobile Phones Direct cannot be held responsible for non receipt of your claim and recommends recorded delivery. |