Terms & Conditions

Valid from:2010-04-01 12:32:16

BuyMobilePhones.net Terms and Conditions

The below Terms & Conditions apply to any customers placing orders with us:

1. Placing an Order & Stock Availability

1.1. All items offered on our website are subject to availability. We endeavour to advise on our website any items that are currently out of stock, wherever possible. If an item ordered is out of stock we will notify you within two working days of your order being placed. We shall advise you of the likely time scale of any delay, but you are of course at liberty to cancel your order.

1.2. Orders for any of our products can be placed via our Secure Online Server, by telephoning our by telephoning our Sales Team on 08000 087272.

1.3. All required fields and sections of our order forms must be completed with the correct information.

1.4. We aim to process and dispatch all orders as quickly as possible - usually within two working days. Business orders may take longer due to verification and credit checking processes.

1.5. All orders are checked by our Order Verifying Team for the security of both you and us. Our Order Verifying Team or the mobile phone network may request proof of address and/or proof of identification from you before your order can be processed. If this is the case we will contact you giving you full details of what is required.

1.6. If you are paying for your order by credit or debit card we may carry out checks or "authorisations" with the card issuer for security reasons. If any problems occur with the authorisation of your credit or debit card we will contact you with further details.

1.7. All applications for a pay monthly mobile phone "contract" are subject to a credit check - the mobile phone network may in some cases ask for a security deposit to be paid by the applicant before a connection can be made. The network may also decline your application in certain instances. If either of these occur we will contact you and advise you of the situation.

1.8. Complications caused by any of the above in Clauses 1.3 - 1.7 may cause a delay in the processing and dispatch of your order.

1.9. For anti-fraud reasons customers can order no more than two contract mobile phones from us in any four month period.

2. Payment and Ownership of Goods

2.1. We accept payment by Visa, Delta, Maestro, Mastercard, and Amex cards that are not swipe only. BuyMobilePhones.net will never debit any credit/debit card until the order is ready for dispatch. In these Terms and Conditions of Business:- "Goods" means goods or products offered for sale by us. "Goods" also means mobile phones that are discounted or supplied free with monthly paid contracts.

2.2. "Promotional Product" means an item or product offered free of charge with goods that have been supplied and paid for, or discounted to free.

2.3. Goods and promotional products supplied by us remain our property until the goods are paid for in full. If payment is declined by your cardholder, or your cheque is not honoured by your bank, whether before or after dispatch of the goods to you, we will treat the order as cancelled. If the goods and promotional products have been dispatched 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.

2.5. We verify your credit card details when we take payment for your phone handset. Even if your handset has no up-front costs we will still debit a sum of money from your credit card account for the purposes of credit card verification. This is ONLY for verification purposes and the sum debited will be immediately, automatically refunded, however banks can take up to 5 days to process refunds. After this transaction is complete we will then take payment for your phone handset or any other items in your basket that require a value to be paid to Us. No funds will be debited from your credit card account for a handset that has been sold as 'FREE'.

3. Website Accuracy

3.1. Our Website Production & Design team work extremely hard to ensure our website is as accurate as possible and in order to achieve this our website is updated on most days.

3.2. However we cannot guarantee the accuracy of information supplied, especially such things as product specifications, network tariffs, call charges and special offers and promotions which may change without prior notice, before or after you have placed your order with us.

3.3. 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. If any of these should change to your detriment or become unavailable in the period after you have placed an order with us we will contact you before proceeding with the order.

3.4. 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. Additional insurance and extended warranty periods for mobile phone handsets maybe available at an extra cost on certain products. We do advise that you consider taking this "Insurance" wherever possible.

5. Delivery

5.1. We will endeavour to process and dispatch all orders placed before 3pm Monday to Friday for FREE Next-day Delivery. If we are unable to process and dispatch your order in this time we will notify you by email the day you order.

5.2. Delivery will be made to the address that your mobile phone and credit card is registered to.

5.3. When your order is ready for dispatch you will receive an 'Order Dispatch' email that will contain your delivery date. This should be considered the authoritative source of information regarding your delivery.

5.4. All deliveries are subject to stock availability at the time of order processing.

5.5. Delivery of contract mobile phones is subject to you passing security, identification and network credit checks.

5.6. BuyMobilePhones.net cannot be held responsible for any delivery delays with Royal Mail or any other courier or delivery supplier. Delivery is subject to the availability of the delivery service.

5.7. Delivery times may vary for non-mainland and Highlands deliveries, depending on carrier.

5.8. Delivery suppliers will attempt delivery one or more times and will make your delivery available for collection from a depot, warehouse or other depository in the event of an unsuccessful delivery. After which, your delivery will be returned to us. In this occurrence will be a charge of £6.99 for re-delivery. Re-delivery should be arranged by contacting our customer service department.

6. Privacy of Information

6.1. Any information collected by BuyMobilePhones.net, including that gathered at the time of ordering/registration, is collected lawfully and in accordance with the Data Protection Act 1998.

6.2. BuyMobilePhones.net do not sell any customers' personal information, including email addresses, to any organisation or third-party. Customers' information may be transmitted to other companies (ie. the mobile phone networks) for purpose of processing orders placed with us, or for providing additional services that are related to orders that have been placed with us.

6.3. You 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 prevention agency and relevant authorities, which may keep a record of that information.

6.4. From time to time we may send you information via email or post regarding your purchase or regarding other services/products available from BuyMobilePhones.net. We would always provide an "opt-out" or "unsubscribe" option in any electronic correspondence to enable you to stop any further mailings if you so wished.

6.5. If you require any further information regarding our Privacy of Information policy please email enquiries@buymobilephones.net.

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 contracts are subject to a minimum contract term. All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over. Contract upgrades are also subject to a further minimum term 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 always advise the applicant of any negative credit assessments and connection refusals. BuyMobilePhones.net 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. Returning Products

9.1. If for any reason you wish to return a product or receive a replacement product please call our Customer Service Team on 0844 880 8100 for assistance.

9.2. We would request that you contact our Customer Service Team as soon as any problem becomes apparent.

9.3. We will deal with all replacements and refunds with high priority.

9.4. Replacements will be sent out when the original item is returned.

9.5. It is the customer's responsibility for the safe return of all goods. All items returned under our 7 day return policy (i.e. none faulty) 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 BuyMobilePhones.net.

9.6. Customers who have ordered a mobile phone with an electrical Free Gift who wish to exercise their 7 day right to cancel under the ‘Consumer Protection (Distance Selling) Regulations 2000’ must return both their mobile phone handset and their Free Gift to us within a reasonable time and in an unused condition. If either of the items are not received within this time period, or either the handset has been used (connected to the mobile phone network for the purpose of calls, texts or internet use) or the free gift has been used (for example user accounts set-up on a laptop) then it cannot be accepted as a 7 day cancellation and you will be liable for the full duration of your contract.

9.7. Refunds cannot be given if we judge that the product has been wilfully damaged, misused, neglected, overloaded, modified, adapted or repaired.

9.8. Where goods become faulty within the first 28 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 BuyMobilePhones.net.

9.9. Should the return be because of a change of mind the customer will be responsible for all return postage costs. All returns must be made within the first 7 days. For contract mobile phones all returns must be made within 7 days of the date of connection.

9.10. We will only refund postage or supply a prepaid packet for faulty items that are returned to BuyMobilePhones.net within the first 28 days.

9.11. If returned goods cannot be accepted due to clause 9.7 a charge of £9.99 will be made to cover postage.

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 BuyMobilePhones.net within 7 days of connection. The day the handset/sim is connected by BuyMobilePhones.net is classed as day one. This is usually the date which appears on your delivery Invoice. The exception is T Mobile who class day one as being the day of delivery.

10.2. Upon safe return of the product we will remit to you 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. Mobile phones cannot be returned if they have been used. This includes (but is not exclusive to) making calls, sending texts, using the Internet or setting up email accounts, taking photos, copying files or data to the device or using applications.

10.5. 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.

10.6. 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 BuyMobilePhones.net please email full details for the attention of the Duty Manager to complaints@buymobilephones.net.

12.2. We endeavour to respond to all complaints within two working days and aim to resolve any problems as soon as we can after receiving details of a complaint.

13. Mobile Number Portability

13.1. Should your mobile number transfer be delayed, we cannot be held responsible for any delay occurring after our initial setting up of the procedure with the relevant network, as the mobile number transfer is then totally the responsibility of the two networks and/or service providers involved.

13.2. If your mobile number transfer spans over two separate calendar months we cannot be held responsible for any tariff or line rental changes imposed by the mobile phone networks and service providers.

14. Early Termination of Air Time Contracts / Changing of Tariffs

14.1. Our offers with monthly contract phones and packages are totally dependant on the tariff selected therefore:-

14.1.1. 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.

14.1.2. Disconnections arising during the initial 7 day period are the only exceptions to the above clause 14.1.1

14.1.3. 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" starts again. It is in your interest not to change tariffs in the first 120 days from your initial billing date. Certain Networks may not allow you to change tariff within the first 6 months of your contract. Also see 14.1.5

14.1.4. It is important to note that Orange will automatically downgrade to a Talkshare handsets connected by BuyMobilePhones.net, that subsequently have existing handsets added to them as sharers of the tariff set up by BuyMobilePhones.net. In this instance clause 14.1.3 will apply. It is in your interest not to add handsets, connected prior to that set up by BuyMobilePhones.net, as sharers within the first 120 days from your initial billing date.

14.1.5. 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.

14.1.6 Should you 'buy-out' your contract early by paying the network the value of the remaining line rental, you will no longer be eligible to claim any redeemable offer from BuyMobilePhones.net.

14.2. 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.

15. Orders Taken via the Telephone

15.1. We aim to give the most accurate and up to date information available when taking telephone orders. However BuyMobilePhones.net cannot be held responsible for networks, service providers, manufacturers and their distributors who from time to time change specifications, terms and conditions and offers.

15.2. Having read our terms and conditions we recommend that you check the appropriate network and service provider terms & conditions and charges to ensure that you are completely satisfied with these.

15.3. By ordering over the telephone it is deemed that you have read and accepted our terms and conditions.

16. Free Gifts

For previous versions of these terms and conditions please email enquiries@buymobilephones.net.

16.1.1. Line rental refunds for 12 month contracts, text pack/bundle refunds and cash backs will be paid in four equal amounts on timely redemption of each of the four claim vouchers (supplied with your mobile phone), with the appropriate network bills.

All claims should be received within the time period set out on each voucher. Bills received after the period specified will not qualify for line rental refunds or cash backs. Each bill must show that your tariff has not changed since the time of connection.

16.1.2 Line rental refunds for 18 month contracts, text pack/bundle refunds and cash backs will be paid in five equal amounts on timely redemption of each of the five claim vouchers (supplied with your mobile phone), with the appropriate network bills.

Make your claim by sending in:
- your first four airtime bills (where your first bill is the first correspondence from your network requesting ANY payment) and your first claim voucher within 60 days of the date on your 4th airtime bill;
- your 5th, 6th 7th and 8th airtime bills and your second claim voucher within 60 days of the date on your 8th airtime bill;
- your 9th, 10th, 11th, and 12th airtime bills and your third claim voucher within 60 days of the date on your 12th airtime bill;
- your 13th, 14th and 15th airtime bills and your fourth claim voucher within 60 days of the date on your 15th airtime bill;
- your 16th, 17th and 18th airtime bills and your fifth claim voucher within 60 days of the date on your 18th airtime bill.

16.1.3. Line rental refunds for 24 and 36 month contracts, text pack/bundle refunds and cash backs will be paid in six equal amounts on timely redemption of each of the six claim vouchers (supplied with your mobile phone), with the appropriate network bills.

Make your claim by sending in:
- your first five airtime bills (where your first bill is the first correspondence from your network requesting ANY payment) and your first claim voucher within 60 days of the date on your 5th airtime bill;
- your 6th, 7th, 8th, 9th and 10th airtime bills and your second claim voucher within 60 days of the date on your 10th airtime bill;
- your 11th, 12th, 13th and 14th airtime bills and your third claim voucher within 60 days of the date on your 14th airtime bill;
- your 15th, 16th and 17th and 18th airtime bills and your fourth claim voucher within 60 days of the date on your 18th airtime bill;
- your 19th, 20th and 21st airtime bills and your fifth claim voucher within 60 days of the date on your 21st airtime bill;
- your 22nd, 23rd and 24th airtime bills and your sixth claim voucher within 60 days of the date on your 24th airtime bill.

All claims should be received within the time period set out on each voucher. Bills received after the period specified will not qualify for line rental refunds or cash backs. Each bill must show that your tariff has not changed since the time of connection.

These term applies to orders placed after 11am on 12th January 2010. Customers who placed orders prior to this date should refer to their dispatch email for full details of how to claim.

16.2 Only Original bills or clear, legible photocopies or print-outs of online bills will be accepted. Copies sent by fax will not be accepted. Please take copies before you send original bills to us as we will not be able to return them. We strongly advise you to send your bills by Recorded or Special Delivery.

16.2.a Line Rental by Redemption offers are limited to two per-household per-year.

16.3. Claims will only be accepted if accompanied by the appropriate cash back voucher.

16.3a. All Cashback claims will be paid by BACS directly into the bank account customers supply us with when ordering the mobile phone. This bank account cannot be changed so please make sure that you supply us with correct details when ordering your phone.

16.3b. All successful cash back claims will be paid in approximately 40 days of receiving your claim (effective for orders received after 11th April 2007 - this may be effected by bank holidays). The actual date that you should expect the payment will be sent to you by email when we confirm that your claim has been successful.

16.4. New customers of BuyMobilePhones.net can now claim their electrical free gift in the following ways:

You can now claim your electronic free gift as soon as you receive your mobile phone. Your phone package will include a claim voucher. All you need to do is return the claim form with one acceptable proof of address and one acceptable proof of signature. A list of acceptable proofs of address and proofs of signature is available at buymobilephones.net/free_gift_claims_new.ihtml. This must be sent within 90 days of the date of the connection of your mobile phone. Subject to stock availability we will then send your electronic free gift out within 7 days.
or if you have difficulty finding the correct proofs of signature or address you can claim your electronic free gift by sending us clear, legible photocopies of your first two bills within 90 days of the date of the second bill. Bills received after this date will not qualify for their gift. Bills must show no outstanding money from previous bill and also show no changes to your tariff (e.g. T Mobile Flext 35 changed to T Mobile Flext 30). Please do not send original bills; items sent to us cannot be returned.

16.4a. Please note that FREE gift images are for illustration purposes only and colour may vary.

16.4b. Existing Customers of BuyMobilePhones.net can now qualify for instant electronic free gifts. If you are an existing customer of buymobilephones.net and meet the following conditions then subject to stock availability we will send your free gift out with your phone. You must have been an existing customer of BuyMobilePhones.net for at least 6 months and have no outstanding airtime debts (unpaid bills) and must not have changed your tariff down from the original tariff ordered from this site. Customers must provide proof of original purchase by providing us with either their original order number or sale receipt number. Your free gift will then be sent out with your handset unless there is a stock shortage. If there is a stock shortage we will inform you at the time of your order of the anticipated delivery date.

If you do not meet the above requirements you can claim your free gift as per section 16.4.

16.4c. Any cash offered in addition to electrical Free Gifts will be automatically paid via BACS in to the bank account supplied at the time of ordering, after a period of 30 days after dispatch of your Free Gift.

16.4d. Automatic Free Gift Dispatch.

For limited periods, as indicated on the website, electrical Free Gifts may be automatically shipped to new and existing customers without the need to send a claim.
In this event, Free Gifts that are in stock at the time of ordering will be dispatched for delivery within 7 days of your order. This is based on standard delivery time-scales of our delivery providers; we cannot be held responsible for any delays to delivery that occur after Free Gifts have been passed to these providers. The ordering cut-off time is 3.00pm. For orders placed after this time, the 7 day delivery period starts from the day after the order is placed.

16.4e. Instant Free Gift Dispatch

For limited periods, as indicated on the website, electrical Free Gifts may be automatically shipped to new and existing customers with their handset, without the need to send a claim.
In this event, Free Gifts that are in stock at the time of ordering will be dispatched with your mobile phone for delivery the next day. This is based on standard delivery time-scales of our delivery providers; we cannot be held responsible for any delays to delivery that occur after Free Gifts have been passed to these providers. Our standard ordering cut-off time is 3.00pm. For orders placed after this time, delivery will be made two days after the order is placed.

16.4f. DCFC Season Tickets, half season tickets and 5 match tickets.

Customers successfully ordering a DCFC ticket deal will be issued with a voucher by BuyMobilePhones.net that can be redeemed when ordering the appropriate ticket product from DCFC.
All tickets will be issued by DCFC directly and any enquiries regarding delivery of these tickets should be directed to the DCFC ticket office.
Seat options and upgrades can be purchased directly from DCFC at the time of redemption.
Any cash back associated with the deal will be paid by by BuyMobilePhones.net as per 16.4.c, and not by DCFC.
No cash alternative is available for DCFC ticket vouchers.

16.5. If the free gift that was offered with your purchase is discontinued or is unavailable for us to source for any other reason, we reserve the right to offer an alternative and equivalent product or package, or the market value value of the product in cash.

16.6. We are not able to issue any replacement vouchers after 14 days from the connection of your mobile phone contract.

16.7. Automatic cash back will be paid by BACS directly into the bank account on which the Direct Debit Mandate was set-up for payment of the customers mobile phone airtime bill. This payment will be made automatically approximately 90 days after connection. There are no redemption vouchers and there is no need for the customer to make a claim. Payment will be made subject to the customer remaining connected to the network and not changing tariff. Payment will also be subject to the first airtime bill being paid in full and BuyMobilePhones.net reserves the right to ask the customer for proof of this payment.

16.8. All claims are subject to the terms and conditions set out herewith and claims which do not conform to these terms and conditions will be void.
Claims should be posted to:
Rebates Department BuyMobilePhones.net Ltd
Contract House, Turnpike Business Park, Alfreton, Derbyshire. DE55 7AD
Your claim will be processed once the relevant statements have been received. Should you not receive communication from us within 56 days of sending the statements, contact customer services at cashback@buymobilephones.net.

17.Insurance

17.1. Customers taking our 3 months free insurance offer must agree to our insurance terms and conditions available separately on our website.

Website ownership.

This website is owned and operated by;

BuyMobilePhones.net Ltd, Contract House,Turnpike Business Park, Alfreton, Derbyshire, DE55 7AD

Printed on:2010-07-30 22:08:35

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