Welcome to Discount Mobiles Website terms and conditions of use. These terms and conditions ("The Terms") govern the users ("you" or "your") use of the Website www.discount-mobiles.co.uk (The Website) and your relationship with Discount Mobiles ("we", "our" or "us").By accessing this Website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
1 Access
We will provide you with access to the Website and sell you Goods and Services in accordance with these Conditions.
2 Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.
You agree not to upload or transmit through the Website:
Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
3 Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your internet account.
4 Amendments
We reserve the right to:
Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
5 Third Party Links
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
6 Orders
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. All of the information you give us via the website is handled with the utmost respect and confidentiality.
By accepting these terms and conditions when you make a purchase, you authorise us and Barclaycard to process payment from the credit card details supplied and to conduct validation checks by cross checking your details. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Each good has the benefit of a manufacturer's warranty, details of which will be contained in the box in which the goods are packaged.
If you are a private consumer, you may cancel any purchase ordered by you at any time within 7 days of receipt (exceptions apply) of the Goods or Service without incurring any obligation or liability to us, however, you may not cancel any Service ordered from us once we have started to provide it to you with your agreement. If you choose to do this, you must notify us in writing as set out in clause 8. Within 30 days of receipt of a valid notification that you wish to cancel any order, we will refund all monies you have paid to us.
7 Offers to Purchase and Description of Goods/Services
Each Goods or Service purchased is sold subject to its product description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
Any order made by you will be treated as an offer to purchase Goods or Services from us. The contract between you and us will only be completed when we despatch the Good to You or commence the provision of the Services, as the case may be, or when we debit your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject any offer to purchase made by you at any time.
You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase Goods or Services advertised on the Website.
Despite our best efforts, a small number of the numerous products and services on our website are mispriced. However we verify prices as part of our dispatch procedures. If a product's and or services correct price is lower than our stated price, we charge the lower amount and send you the product and or provide you with the service. If a product's and or services correct price is higher then our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
8 Right of Cancellation
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), You have the right to cancel any contract completed pursuant to clause 6 within 7 days of receipt by you of the Goods or Services ("Cancellation Period"). However, you may not cancel any Service ordered from us once we have started to provide it to you with your agreement.
If you do cancel a contract pursuant to clause 6 you must:
Either notify us in writing to Discount Mobiles, 23 High Street, Newcastle u Lyme, Staffordshire, ST5 1QZ, by email to customer.care@discount-mobiles.co.uk or by phone on 08707 771132
Retain possession of the Goods.
Take reasonable care of the Goods or Services until we collect the Goods from you, or you deliver the Goods to us; and
Ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, You (as the case may be).
If you do cancel a contract pursuant to clause 6 then we will notify you of when we wish to collect the Goods. We will collect the Goods or Services within 21 days of our receiving notification of cancellation. We have the right to charge you for any direct costs incurred in collecting the Goods and will, at our option, deduct these from any sum owed to you. Alternatively, if you wish, you may return the Goods to us, during working hours, at Discount Mobiles, 23 High Street, Newcastle u Lyme, Staffordshire, ST5 1QZ.
If you do cancel a contract pursuant to clause 6 we will refund the monies you have paid to us within 30 days of you giving us cancellation notice.
9 Returns Procedure
Discount Mobiles operate a 7-day returns policy. The first day is counted as the day on which you sign for your delivery (phone) from Royal Mail. If you want to return your phone within this seven-day period, it must be returned with all free gifts/accessories etc. associated with the handset (in their original condition).
For example:
. Leather case
. In-car charger
. Personal Handsfree
. Phone book manual
. Battery
. Mains Charger
. Data Cable
. CD-ROM
Before returning your handset, please call Customer Care on 08707 771132 in order to obtain authorisation and a reference number. You will then be advised of the address to return your handset to.
Please note if you return a handset for any reason without obtaining an authorisation code from Discount Mobiles, a £25.00 administration charge will be applied to your credit / debit card. Discount Mobiles Customer Care can be contacted on 08707 771132
Once you have re-packaged the items (taking care to conceal the fact that it is a mobile phone to any would be thieves) you must post them by Royal Mail Special Delivery (you will need to visit your local post office for this service) to the address given to you by Customer Care. Please be aware that you will need to pay the full cost of returning the items by Special Delivery to Discount Mobiles.
We only allow mobile phones to be returned to us via Royal Mail Special Delivery because you will be covered by comprehensive insurance whilst the phone is in transit.
Please be aware that if you use any other means of transit, or return the phone to us and the phone is subsequently lost / stolen then you will be liable for a charge of up to £500 to cover the cost of the lost /stolen phone.
Should you have supplied us with your credit or debit card details you hereby expressly authorise us to deduct the above amounts from your card account.
Please note: We will make a charge if the phone isn't returned to us in its original condition, up to the full value of the handset's SIM free cost. Any items missing from the original box will be charged as follows:
. Leather case £10
. In-car charger £10
. Personal Handsfree £10
. Phone book manual £20
. Manufacturer Handsfree £20
. Battery £30
. Mains Charger £25
. Data Cable £30
. Replacement CD ROM £30
Please note that you are liable for any calls made whilst the phone was in your possession. The charges will be taken by direct debit directly by the network provider.
You will also be liable for a pro-rata line rental cost for the period of time that the phone was in your possession. The charges will be taken by direct debit by the network provider.
Once we have received all necessary items we will then proceed to cancel the account for you.
Where a 7-day return is sought we reserve the right to charge a returns administration charge of £10 and the initial cost of delivery.
10 Your Personal Data
We respect your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
We confirm that any personal details which you provide to us (or which are available on public registers) from which we can identify you are held in accordance with Our Data Protection Registration. When you register with us we consider the information you provide as private. We use the information for the following purposes:
Processing Your Account;
For statistical purposes to improve the service we give to you;
To administer our business;
Unless you have already objected during the registration process, to notify you of products or services that may be of interest to you; and
In the event that your personal information is no longer used by us for the purposes outlined we will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
In the event that you're personal data becomes untrue, inaccurate or incomplete, or in any event, you have the right to access your personal data and may rectify the same.
We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate our systems properly or to protect ourselves or other users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use of the Website, and that use is deemed by us inconsistent with the Conditions.
We welcome your questions and comments about privacy issues and the design of the Website. Should you have such comments or have a complaint about how we are using your personal data, please send an e-mail to gary.beff@halstone-mobile.com
11 Payments
Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of Your Good or provision of the Service to you.
You confirm that the credit/debit card that is being used is yours.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
12 Eligibility to Purchase
The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if you are an individual, you must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services you represent to us that you are 18 years of age or older. To register, you must provide your real name, phone number, e-mail address, credit card details and other requested information.
The Website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
By making an offer to buy any Goods or Services, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number 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.
13 Intellectual Property
Copyright, trademarks, database and other intellectual property rights protect the content of the Website and you acknowledge that the material and content supplied as part of the Website shall remain with our licensors or us.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14 Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to it or its use.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.
The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and Services and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to you.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any loss which was not brought to the attention of Discount Mobiles at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Discount Mobiles;
In any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
15 Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
16 Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
17 Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
18 Handling Complaints
There may well be occasions when you are unhappy with the service that has been provided to You by Discount Mobiles. In these cases, Discount Mobiles endeavours to be fair and efficient in handling any complaint you should have and that your complaint will be processed confidentially.
If you have a complaint, please write to Discount Mobiles, Customer Care Department, 23 High Street, Newcastle u Lyme, Staffordshire, ST5 1QZ or e-mail gary.beff@halstone-mobile.com.
We endeavour to reply within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint.
We undertake to check our system regularly for handling complaints and welcome any suggestion that you may have in relation to how this system may be improved.