Terms
and Conditions
To protect your own interests please read the conditions
carefully before you click the tick box.
If you are uncertain as to your rights under them or you want any
explanation about them please write, telephone or email our customer queries
department at the above address and telephone number BEFORE you place the
order. YOU ARE ADVISED TO PRINT
AND RETAIN THESE TERMS FOR YOUR RECORDS.
By
placing an Order and purchasing goods from fones-2-go.co.uk
you enter into a legally binding agreement with us on the following
Conditions. You should read and
understand these Conditions because they affect your rights and
liabilities.
These
are the Standard Terms and Conditions of Sale of FONES2GO LTD, Metropole
Chambers, Salubrious Passage,Swansea, SA1 3RT Telecommunications and accessories.
06728067 ("the Seller",
"We" or "Us") for certain products as set out in the pages
on this site ("the Goods"). 941063839 Subject to the provisions of Clause 4.2 below,
the price of the Goods the delivery charges and Value Added Tax where
applicable is set out on the Order Form.
In
accordance with the provisions of the Consumer Protection (Distance Selling)
Regulations 2000,
you have the right to withdraw from this transaction. Details of your right to
withdraw will be sent to you with the Goods when they are delivered and can be
found in Clause 9 below. PLEASE NOTE
THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY
AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY
YOU.
THESE CONDITIONS
DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS
WEB SITE.
1.
Interpretation
1.1
In these Conditions:
‘Conditions’ means the standard Terms and
Conditions of sale set out in this document;
‘Contract’ means the contract for the sale
of the Goods;
‘Payment Card’ means the
credit or debit card or other payment system chosen by you to be
used as the method of payment for the Goods of which you have provided details
to us when placing the Order;
'Delivery
Area' means Delivery
time of goods from us which could be 1-7 working days.
'Goods'
which you have ordered including any instalment of the goods or any parts for
them which are available for purchase from our Web Site in accordance with the
Conditions;
‘Information System’ means a system for
generating, sending, receiving, storing or otherwise processing electronic
communications;
‘Order’ means any order placed by you with
us for the supply of Goods;
‘Order Form’ means the electronic order
form completed and submitted electronically by you;
‘Regulations’ means the Consumer
Protection (DistanceSelling)
Regulations 2000;
'Web Site'
our presence on the world wide web, currently accessible via the address fones-2-go.co.uk.
1.2
Reference to any statute or statutory provisions
shall be deemed to include any statutory modifications or re-enactments thereof
or any rules or regulations made there under or any enactment repealing and
replacing the act referred to.
1.3
Unless the context otherwise requires:-
1.3.1
words importing the singular shall include the
plural and vice versa;
1.3.2
words importing the masculine gender shall
include the feminine gender and vice versa;
1.3.3
references to persons shall include bodies of
persons whether corporate or incorporate.
1.4
Unless the context otherwise requires references
to clauses shall be construed as references to clauses of these Conditions.
1.5
Headings are inserted for convenience only and
shall not affect the construction or interpretation of these Conditions.
2.
Basis
of the sale
2.1
We shall sell to you and you shall purchase only
those goods which you have set out in an order and which have been accepted by
us. We reserve the right to reject any order. Unless otherwise agreed in
writing each such sale of Goods will be subject to these terms and conditions.
2.2
No Order submitted by you shall be deemed to be
accepted by us unless and until confirmed by e-mail or in writing by us.
2.3
No variation to these Conditions shall be
binding upon us unless and until agreed by e-mail or in writing by us.
2.4
Any error or omission in any information or document issued by us shall be
subject to correction provided that the correction does not materially affect
the contract.
3.
Orders
3.1
The quantity,
quality and description of the Goods will be those set out in your Order (if
accepted by us).
3.2
Orders are accepted at our sole discretion but
are normally accepted if the Goods are available, the order reflects current
pricing, you are based in the Delivery Area and your Payment Card is authorised for the
transaction.
3.3
You or we are entitled to withdraw from any contract
in the case of obvious errors or inaccuracies regarding the Goods appearing on
our website.
3.4
You shall be responsible for ensuring the
accuracy of the terms of any Order submitted by you, and for giving us any
necessary information relating to
the Goods within a sufficient time to enable us to perform the Contract in
accordance with its terms.
3.5
The quantity, quality and description of and any
specification for the Goods shall be those set out in the relevant pages of
this site.
3.6
We reserve the right to make changes in the
specification of the Goods which are required to conform with any applicable
statutory or EC requirements
4.
Price of the goods
4.1
The price of the Goods shall be the price set
out on the relevant page of this site.
We reserve the right to change the prices set out on this site provided
that if we accept an order from you the price for the goods will be the price
set out in the relevant range at the time the order is placed.
4.2
If the price of the Goods increases between the
date we accept your Order and the delivery date, we will let you know and ask
you to confirm by e-mail/in writing
that the new price is acceptable. If it
is not acceptable then you will, of course, have the option of cancelling the
order.
4.3
The price of the Goods does not include insured
postage or packaging. There will be an
additional charge made relative to the size and amount of Goods insured for
postage and packaging. This charge will
be clearly shown on the Order form.
4.4
The total price is inclusive of any applicable
value added tax.
5.
Terms of payment
5.1
Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1
confirm and undertake that the information contained within the Order is true and
accurate and that you are duly authorised to use the
Payment
Card; and
5.1.2
authorise us to deduct from the Payment Card account the full
price of the Goods and all other payments which may become due to us under the
Contract.
5.2
If it is not
possible to obtain full payment for the Goods from your account on delivery of
the Goods to you, we can cancel the Order or suspend any further deliveries to
you. This does not affect any other rights we may have.
5.3
Where Goods are
returned by you in accordance with your rights under the provisions of Clause
9, we shall credit the Payment Card with the
appropriate amount.
5.4
We will not pass
your personal information on to any
third party without your permission.
Unless solely due to our negligence we cannot be held liable for any
losses you may suffer. If in any event
your payment card is used fraudulently you are entitled to cancel the payment
and be reimbursed by the card issuer without being charged for the loss.
6.
Delivery
6.1
Delivery of the Goods shall be made by us or our carrier to the address for
delivery shown in the Order Form. It is
important that this address is accurate.
Please be precise about where you would like the Goods left if you are
out when we deliver. Once the Goods have
been delivered in accordance with your delivery instructions, you will be
responsible for them. Our responsibility
for everything other than damage due to our negligence or due to a
manufacturing design or design fault will cease upon delivery.
6.2
We will do all
that we reasonably can to meet the date given for delivery or, if no date has
been agreed, within 30 days of the order date.
We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we
will contact you. If delivery cannot be
made within 30 days of the given delivery date you will be entitled to either
arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of
the given date we will contact you.
6.3
If the order is
a multiple order and we are unable to make delivery of the whole order but are able
to deliver part we will contact you, informing
you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be
made in instalments. Each delivery shall
constitute a separate contract and any failure by us to deliver any one or more
of the instalments in accordance with these conditions, or any claim by you in
respect of any one or more instalments will not entitle you to treat the
contract as a whole as repudiated.
6.4
If we fail for
any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the
Goods, together with any delivery and/or reasonable return costs.
6.5
Either party is
entitled to cancel the contract in respect of non-performance of obligations in
relation to delivery. If cancelled we
will refund you any monies already paid by you and any reasonable return costs
incurred by you.
7.
Risk and
property
7.1
As soon as we
have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility
for everything other than damage due to our negligence will end on the date we
agree to deliver them, as set out in the contract.
7.2
Subject to the
provisions of clause 9 and notwithstanding delivery and the passing of risk in
the Goods, or any other provision of these Conditions, the property in the
Goods shall not pass to you until we have received in cash or cleared funds
payment in full of the price of the Goods.
Goods supplied
to you are not for resale.
8.
Warranties
and liability
8.1
Terms and
conditions of this contract do not affect any additional rights you may have
under a manufacturer’s warranty/guarantee.
These are rights given to you by the manufacturer in addition to your
statutory rights. Any additional rights
given to you by the manufacturer in respect of Goods purchased are not
incorporated into this contract.
8.2
As a consumer
you have statutory rights 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. The terms and conditions of this contract do not affect
your statutory rights. For further information regarding these rights contact Trading
Standards or Citizens’ Advice Bureau.
8.3
IMPORTANT
NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as
reasonably possible after delivery. Any
claim by you based on any defect in the quality or condition of the Goods or
their failure to correspond with specification must (whether or not delivery is
refused by you) be notified to the company within 14 days from the date of
delivery or within a reasonable time after discovery of the defect or failure
if it was not apparent on reasonable inspection.
8.4
Where a valid
claim in respect of Goods delivered is notified to us within 14 days of the
delivery date, or within a reasonable time if not apparent on reasonable
inspection, you are entitled to:
reject
the Goods and receive a full refund;
or
have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or
exceeding a reasonable time of discovery, we shall be entitled to either:
replace
the Goods (or the part in question) free of charge or
at our sole
discretion refund to you the price of the Goods (or a proportionate part of the
price) and we shall have no further liability to you.
8.5
Except in
respect of death or personal injury caused by our negligence we will not be
liable under this contract for any loss or damage caused by us or our 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;
iii)
any
increase in loss or damage resulting from breach by you of any term of this
contract.
In the event that you are using the supply address in
part for commercial purposes then no liability for loss of profits or other
economic loss arising out of a breach of this agreement can be accepted.
8.6
Subject to
our obligations, and your rights under the Regulations, we shall not be liable
to you or be deemed to be in breach of the contract by reason of any delay in
performing, or any failure to perform, any of our obligations in relation to
the Goods if the delay or failure was due to any cause beyond our reasonable
control.
8.7
We assume no
responsibility for the contents of any other web sites to which this Web Site
has links.
9.
Right to
Cancel
9.1
You have a
cooling off period of 14 days after
the date on which you have received the Goods to cancel the Contract, and
return the Goods at your cost and receive a full refund of the purchase price
and any delivery cost.
9.2
During the
cooling off period any cancellation must be given by written notice by either
party.
9.3
Goods must be
returned complete and undamaged with all accessories and instructions. The original packing must be returned in
reasonable condition.
9.4
The right to cancel this contract will not apply in respect of:
Personalised Goods or
Goods made to your specification
Audio, video recordings
(including DVDs) or computer software you have unsealed
Betting games or lottery
services
Newspapers and magazines
Food, drink or other
Goods intended for everyday consumption.
Contracts for accommodation, transport, catering or
leisure services which are arranged for a specific time or date, e.g. train,
airline or concert tickets or hotel bookings
Timeshare and package
holidays
9.5
In the event
that we supply substituted Goods to you in accordance with the provisions of
Clause 2, your right to cancel is
as set out as above except that the cost of returning the Goods shall be borne
by us.
10.
Communications
10.1
Any
communication sent electronically by e-mail or otherwise:
10.1.1
will be deemed
to have been sent once it enters an Information System outside the control of
the originator of the message;
10.1.2
will be deemed
to have been received by the intended recipient at the
time that in a readable form it enters an Information System which is capable of access by the intended
recipient;
10.1.3
will be deemed
to have been dispatched in the case of a business at its principal place of
business and in the case of an individual where he or she ordinarily resides;
10.1.4
will be deemed
to have been received in the case of a business at its principal place of
business and in the case of an individual where he or she ordinarily resides.
10.2
To protect your
own interests you should ask for a delivery receipt for any such and retain a
hard copy of that delivery receipt and the original correspondence.
11.
General
11.1
Any
communication sent by post will be deemed received by the intended recipient
three days following mailing where sent by first class post or five days after
mailing where sent by second class post.
11.2
The clauses of
these Conditions and each sub-clause thereof are several and if any part of any
clause or sub-clause shall be void, invalid or unenforceable then the remainder
of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3
No term of the
Contract is intended to confer a benefit on, or be enforceable by, any person
who is not a party to the Agreement (whether under the Contracts (Rights of
Third Parties) Act 1999 or otherwise).
11.4
If any provision
of these Conditions is held by any court or competent authority to be invalid,
unlawful or unenforceable in any jurisdiction in whole or in part, it will not
affect the validity or enforceability of the other provisions of these
Conditions and the remainder of the provision in question shall not be affected
nor will it affect the validity, lawfulness or enforceability of that provision in
any other jurisdiction.
11.5
We will try and
solve any disagreements quickly and efficiently. If you are not happy with the way we deal
with any disagreement and you want to take court proceedings you must do so
within the United Kingdom.
11.6 The headings in these Conditions are for convenience only and
will not affect their interpretation.
© 2008 SafeBuy Services Ltd v3.4