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SALES: 0800 049 6000SUPPORT: 0800 1300 688
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the base lending rate of Royal Bank of Scotland Bank Plc. Interest is
charged on a per annum basis, calculated daily until payment is made
in full.
4.3 You confirm that, where you pay by payment card or
direct debit, the payment method that is being used is yours.
4.4
All payment methods other than cash are subject to validation checks
and authorisation and we will not be liable for any delay or
non-delivery caused by any failure of such checks or authorisation.
4.5 In the event that you fail to make payment on the date it is due
and such payment remains in arrears for more than 14 days after
written demand, we shall have the right to sell to third parties the
outstanding balance hereunder or under any other agreement and in any
case without prejudice to any claim by us against you.
5
DELIVERY
5.1 Unless otherwise specified in accordance with clause
3.2, delivery is free of charge and will be delivered by us or our
nominated courier service.
5.2 Delivery occurs when the Equipment
is received by you, your agent or carrier; you are considered to have
given authority to accept a delivery on your behalf to any person who
accepts delivery at the address supplied.
5.3 Failure by you to
take delivery of Equipment or to give adequate delivery instructions
will not relieve you of your obligation to pay us for the
Equipment.
5.4 We reserve the right to charge delivery and/or
storage in cases where you refuse to accept delivery of
Equipment.
5.5 Equipment shall be signed for on receipt and shall
be deemed to have been checked and accepted by you on such
signature.
5.6 Delivery dates quoted are approximate only and we
are not liable for any delay in the delivery of the Equipment. Time
is not of the essence for delivery.
5.7 You must, on request, pay
to us any costs in supplying the Equipment and/or Services caused by:
(a) any breach by you of your obligations under these Terms and any
order; (b) any factor beyond our reasonable control; (c) any changes
in the dates of the delivery of the Equipment and/or provision of the
Services which you require; or (d) any delay caused by your
instructions or your failure to give adequate information or
instructions when the order has been accepted or at any other time.
6
RISK AND PROPERTY
6.1 Once any Equipment you have ordered or
otherwise purchased has been delivered, collected or otherwise
received by you, all risk of damage to, or loss of, the Equipment
shall pass to you.
6.2 Irrespective of delivery and the passing of
risk in the Equipment, or any other provision of these Terms, subject
to clause 6.3, the ownership of the Equipment shall not pass to you
until we have received in cash or cleared funds payment in full for
the price of such Equipment and all other Equipment agreed to be sold
by us to you for which payment is then due.
6.3 All SIM cards
supplied to you for use on the Network shall at all times remain the
property of the Network Operator and in the event of termination of
these Terms prior to the end of the minimum term of your Airtime
Contract must be returned to us in good condition. If a replacement
SIM card is required, there may be a charge for such supply.
6.4
Until such time as the ownership of the Equipment passes to you, you
shall hold it on our behalf and keep it safe and identified as our
property.
6.5 Until such time as the ownership of the Equipment
passes to you, we shall be entitled to ask you to return the
Equipment to us.
7
WARRANTIES AND REPLACEMENTS
7.1 Subject to the clauses set out
below, the Equipment: (a) where new, is sold with the benefit of and
subject to the terms applicable to such warranty or guarantee as is
given by the manufacturer of the Equipment;(b) where refurbished, is
sold with the benefit of a 12 month warranty from us, on similar
terms to the relevant manufacturers' warranty or guarantee; and (c)
where a replacement device, is provided with the remainder of the
term of such warranty or guarantee as was given with your original
Equipment.
7.2 No liability is accepted for:
7.2.1 any defect
resulting from fair wear and tear;
7.2.2 rain, water or other
liquid damage;
7.2.3 accidental or wilful damage;
7.2.4
negligence;
7.2.5 abnormal working conditions;
7.2.6 failure to
follow the manufacturer's instructions (whether oral or in writing);
or
7.2.7 misuse or alteration or repair of the Equipment without
the manufacturer's approval.
7.3 There shall be no liability under
any such warranty or guarantee if the total price for the Equipment
has not been paid by the due date for payment.
7.4 If a valid
warranty claim is made within the warranty period (if applicable), we
will replace or repair (at our discretion) the Equipment free of
charge. After the expiry of the warranty period, we may make a charge
for either of these remedies. For further details on our Business
Repairs Policy please call our Customer Services team on 0800
1300688. We shall (at our or the Equipment manufacturer's option)
have the right to refund you the price you paid (or a proportionate
part thereof, depending upon age and condition) for the Equipment.
That will be the extent of our liability to you.
7.5 Other than as
expressly provided in these Terms, we exclude all conditions, terms,
representations (other than fraudulent or negligent representations)
and warranties relating to the Equipment, whether imposed by statute
or by operation of law or otherwise, that are not expressly stated
herein, including without limitation, the implied warranties of
satisfactory quality and fitness for a particular purpose and we
shall be under no other obligation to exchange, repair or replace the
Equipment or provide any refunds other than as set out in these
Terms.
7.6 You accept that you are solely responsible for backing
up any data stored on the Equipment prior to the commencement of any
repairs and you hereby acknowledge that any such data may be lost
during the repair and will be lost if the Equipment is exchanged.
7.7
We recommend that you insure your Equipment for its replacement value
(including cover against calls made if it is lost or stolen). If your
Mobile Phone is lost, stolen or damaged and you want to replace it,
unless this is covered by insurance, you will have to purchase a new
device at the normal retail price and arrange with your Network
Operator for a replacement SIM card. In these circumstances, your
existing Airtime Contract will continue and you will remain liable
for all line rental, call and other charges under it.
8
RETURNS AND EXCHANGE
8.1 In certain situations, at our sole
discretion we may be prepared to give you a refund or exchange in
respect of Equipment. For details on our Business Returns and
Exchange Policy please call our Customer Services team on 0800
1300688. We reserve the right to amend this policy from time to time
at our sole discretion.
9
DISCOUNTED LINE RENTAL AND CASHBACKS
9.1 By agreeing to these
Terms you agree that any discounted line rental and/or cashback or
similar applicable to your order must be claimed by you in accordance
with the terms made available to you by us upon ordering, and may not
automatically appear on your bill.
9.2 In order to claim any
discounted line rental and/or cashback or similar, you must be able
to demonstrate to our reasonable satisfaction that your Airtime
Contract has not been cancelled and all payments thereunder are
up-to-date when you claim.
9.3 In the event that your Network
Operator makes a clawback of any commissions paid to us due to a
default or termination by you under your Airtime Contract, we reserve
the right to charge you for the full amount of any such clawback up
to the amount of any discounted line rental or similar applied or
paid by us to you or for any cashback paid to you.
10
OUR LIABILITY TO YOU
10.1 We accept liability without limit for
death or personal injury arising from our own negligence or for any
proven fraudulent pre-contractual misrepresentation on which you can
be shown to have relied.
10.2 Subject to clauses 10.1 and 10.3, we
are not liable to you whether in contract or tort (including
negligence) or otherwise for:
10.2.1 direct or indirect loss of
profits, anticipated profits, business interruption, goodwill or
anticipated savings, or for any indirect or consequential loss or
damage including, but not limited to, claims against you from third
parties and loss of or damage to your data even if such loss was
reasonably foreseeable or we had been advised of the possibility of
you incurring the loss; or
10.2.2 any acts or omissions of you or
any party other than us, including other providers of
telecommunications, computers or other equipment and/or hardware or
services including internet services.
10.3 Subject to clause 10.1,
our liability to you in contract or in tort (including negligence) or
otherwise in relation to or arising out of these Terms is limited to
the price paid for the Equipment.
10.4 You are responsible for the
security of your Equipment and use of the Services including, but not
limited to, protecting all passwords, backing-up all data, employing
appropriate security devices, including virus checking software, and
having disaster recovery processes in place.
10.5 Where you are or
become aware of any matters which you know or ought reasonably be
expected to know constitute a threat to the security of the Services
you will immediately advise us and your Network Operator of such
matters.
11
DEFAULT UNDER AND TERMINATION OF YOUR AIRTIME CONTRACT
11.1 We may
terminate these Terms with immediate effect by notice in writing
if:
11.1.1 you fail to pay any sums due to us within 14 days of
receiving written notice from us;
11.1.2 you fail to comply with
your obligations under this clause 11;
11.1.3 you do or you allow
to be done, anything which in our reasonable opinion will or may have
the effect of impairing the operation of a particular
Service(s);
11.1.4 if you use or operate a GSM Gateway;
11.1.5
if information supplied to us by you is false or misleading;
or
11.1.6 we are prohibited or cease to be authorised or if our
authorisation is revoked or modified in any way which has an impact
on our ability to provide or procure the Services in whole or in
part. 11.2 If: (a) within 7 working days of receipt of your
Equipment, you have failed to arrange connection of the Equipment to
the Network, if not already connected; (b) you move onto a tariff
which offers a lower rate monthly subscription during the Minimum
Period; (c) your Network Operator ends the Airtime Contract in
accordance with its terms (including not limited to where you have
failed to fulfill your payment obligations during the Minimum
Period); (d) you end the Airtime Contract for any reason within 9
months (if your Minimum Period is 12 months or more) or within your
Minimum Period (if your Minimum Period is less than 12 months); or
(e) you have been issued with new Equipment to use in conjunction
with your Airtime Contract for a new Minimum Period and you have not
used the new Equipment within 30 days of receipt, and the relevant
tariff includes discounted Equipment, you must in addition to paying
any other charges under the Airtime Contract either:
11.2.1 return
the Equipment to us by sending it special delivery to: The Carphone
Warehouse Limited t/a CPW Business Services, 23 Branksome Business
Park, Bourne Valley Road BH12 1DW; or
11.2.2 keep the Equipment,
in which case you agree to pay us the amount of the discount being
the retail price (which in the case of a Mobile Phone is the
standalone purchase price) of the Equipment less the amount paid by
you at the time of purchase for the Equipment.
11.3 Termination of
these Terms howsoever arising shall be without prejudice to the
rights, duties and liabilities of the parties accrued prior to
termination. Those clauses in these Terms which are intended
(expressly or by implication) to have effect after termination shall
remain binding on the parties notwithstanding termination.
11.4 On
termination of these Terms all outstanding charges and other sums due
to us shall be paid by you immediately.
12
COPYRIGHT, PATENT, TRADE MARK, INTELLECTUAL PROPERTY RIGHTS
12.1
You acknowledge that any and all of the trademarks, copyright,
patents, mask rights, semiconductor topography rights and other
intellectual property rights (including present and future
intellectual property rights) ('Intellectual Property Rights') used
or subsisting in or in connection with the Equipment (including
software, hardware and other parts thereof in which we or the
respective manufacturer, developer or third party has an interest)
are and shall remain the sole property of us or such manufacturer,
developer or third party. You shall not during or at any time after
the completion, expiry or termination of the order in any way
question or dispute the ownership thereof.
12.2 You shall
indemnify us fully against all liabilities, costs, expenses, and lost
profits which we may incur as a result of infringement of any such
Intellectual Property Rights.
13
YOUR PERSONAL INFORMATION
13.1 We need to collect certain Personal
Information to provide you with the Equipment and/or Services. This
Personal Information will form part of a record of your dealings with
us.
13.2 When you contact us, we may ask for certain Personal
Information to be able to check your identity and we may make a note
of this. We will keep Personal Information given to us by you or
others during your relationship with us and other companies in
the Dixons
Carphone group.
This includes:
13.2.1 details you give us on order forms or during
communications with you; and
13.2.2 details we receive from credit
reference and fraud detection agencies.
13.3 You agree that we may
use and update your Personal Information:
13.3.1 for credit and
credit related services and to manage your accounts;
13.3.2 when
applicable in relation to the Equipment and/or Services ordered, to
make credit, fraud and identity checks on you (a) prior to accepting
your order; and (b) subsequently for the purpose of risk assessment,
debt collection and fraud prevention whilst you retain a financial
obligation to us;
13.3.3 to provide you with Equipment and/or
Services that you have ordered;
13.3.4 to trace and recover
debts;
13.3.5 to prevent and detect fraud, crime and money
laundering;
13.3.6 to update our records about you; and
13.3.7
to check your identity.
13.4 If you give us false or inaccurate
information or we identify fraud, we may record this.
13.5 Any
credit checks that we undertake will be recorded by the credit
reference agencies in the form of a search 'footprint' on you credit
file. This 'footprint' may then be seen by other people conducting
similar searches of your credit file.
13.6 We may use and disclose
information about you and how you run your accounts to credit
reference, law enforcement and fraud prevention agencies
13.7
Credit Agencies may pass the Personal Information that they received
from us to other organisations in the performance of credit and/or
fraud checks. Your Personal Information together with any additional
information held by credit reference agencies and fraud prevention
agencies may also be used to trace your whereabouts and recover debts
that you owe.
13.8 Information held about you by credit reference
agencies may be linked to records of people who are financially
linked to you. We and other organisations may use credit reference
agency and fraud prevention agency records that we receive about you,
and people financially linked to you to help make decisions about you
and them.
13.9 You agree that we may use your Personal Information
for operating a publicly accessible directory service.
13.10 We
may use your Personal Information for research and statistical
analysis, to develop and improve our products and services.
13.11
When assessing an application, we may use automated decision-making
systems.
13.12 Your Personal Information is confidential and,
although we may freely disclose it to other companies within
the Dixons
Carphone group,
we will only disclose it outside the Dixons
Carphone group when:
13.12.1
you give us your consent;
13.12.2 it is needed by certain
reputable third parties involved in running accounts and/or providing
services for us (for example, credit reference agencies or companies
that we use in the provision of the Services);
13.12.3 it is
needed in order to obtain professional advice;
13.12.4 it is
needed to investigate or prevent crime (e.g. to fraud prevention
agencies);
13.12.5 the law permits or requires it, or any
regulatory or governmental body requires it, even without your
consent;
13.12.6 you purchase a television from us, in which case
your Personal Information will be provided to TV Licensing to comply
with our legal obligation under the Wireless Telegraphy Act 1967 (as
amended);or
13.12.7 there is a duty to the public to reveal the
Personal Information.
13.13 We may administer your account and
provide services from countries outside Europe that may not have the
same data protection laws as the UK. However, we will have contracts
or other legal mechanisms in place to ensure your Personal
Information is adequately protected, and we remain bound by our
obligations under the Data Protection Act even when your Personal
Information is processed outside Europe.
13.14 We may monitor,
record, store and use any telephone, email or other electronic
communications with you for training purposes, to check any
instructions given to us and to improve the quality of our customer
service.
13.15 Where we process sensitive Personal Information, we
will employ appropriate security measures.
13.16 If you would like
us to tell you what information we hold about you, or if you wish to
have details of the credit reference or the fraud prevention agencies
from whom we obtain and with whom we record information about you,
please write to: The Data Protection Office, CPW Business Services at
PO Box 375, Southampton, SO30 2PU. We may charge a £10.00
administration fee - Please include your full name, address, account
number and a copy ID with each request.
13.17 You will have the
opportunity to consent to us and/or the Dixons
Carphone group contacting
you by e-mail, phone, SMS or MMS from time to time occasionally about
products and services which the Dixons
Carphone group and
carefully selected third parties believe may be of interest to
you.
13.18 You can make changes to your marketing preferences
and/or correct or update any inaccurate or incomplete information at
any time by calling us on 0800 1300688 or alternatively, you can
write to: Customer Services, The Carphone Warehouse Limited t/a CPW
Business Services, 23 Branksome Business Park, Bourne Valley Road,
Poole, Dorset BH12 1DW. Please note that it may take up to 28 days
for such changes to take effect.
13.19 We may pass your
information to the Mobile Equipment National Database ('MEND') and
the Stolen Equipment National Database ('SEND') (organisations
operated by Recipero Limited, a company registered in England and
Wales under Company No. 3794898 and with its registered office at
Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or
SEND to contact you in the event that you lose your Mobile
Phone/Smart Phone or it is stolen from you. Please contact us on 0800
1300688 if you do not want your information to be passed to MEND
and/or SEND. PLEASE NOTE: Once you have been registered with MEND and
SEND, it is your responsibility to ensure that you notify any change
of mobile phone to MEND and SEND to ensure that there is no
interruption of their service to you.
13.20 If you give us
information about another person, you confirm they have given you
permission to provide it to us and for us to be able to process their
personal information. You must also confirm that you have told them
who we are and the basis on which we will use their information.
14
GENERAL
14.1 Any third party which is not a party to this Contract
can not benefit from these Terms under the Contracts (Rights of Third
Parties) Act 1999.
14.2 We may assign, sub-contract or otherwise
transfer these Terms or any part of it to any third party in our
absolute discretion. You may not assign, sub-licence or otherwise
transfer these Terms or any order or any of your rights or
obligations arising under them without our express written
consent.
14.3 These Terms (and any order accepted by us) sets out
the whole agreement between you and us for the provision of the
Equipment and supersedes all prior arrangements, understandings and
agreements between you and us.
14.4 If you need to send notices to
us these must be in writing and can be delivered by hand or sent by
first class recorded delivery to our address as stated in clause
14.10. If we need to send notices to you these must be in writing and
can be (a) delivered by hand or sent by first class post to your
address as stated on your application form or given to us during the
application process, in the UK (b) sent by SMS, which must be sent to
your mobile phone number, or (c) sent by e-mail, which must be sent
to you at the address stated in your application form or given to us
during the application process or any other e-mail address that you
supply to us for the purpose.
14.5 Any such notice shall be deemed
to have been received:
14.5.1 if delivered by hand, the day after
the day the notice is sent;
14.5.2 is sent by first class; two
days from the date of posting;
14.5.3 if sent by first class
recorded delivery, when receipt upon delivery is signed; or
14.5.4
in the case of SMS or e-mail, the day after the day the notice is
sent.
14.6 The failure or delay by us in exercising any of our
rights, powers or remedies under these Terms shall not in any
circumstances impair such right, power or remedy nor operate as a
waiver of it. The single or partial exercise by us of any right,
power or remedy under these Terms shall not in any circumstances
preclude any other or further exercise of it or the exercise of any
other right, power or remedy. Any waiver of a breach of, or default
under, any of the terms of these Terms shall not be deemed a waiver
of any subsequent breach or default and shall in no way affect the
other terms of these Terms.
14.7 If any particular clause of these
Terms shall be or be held to be invalid or unenforceable by any court
or other competent body or authority, the enforceability of any other
clauses in these Terms shall not be affected and they shall continue
in full force and effect.
14.8 If either of us cannot do what we
have promised in these Terms (or any order accepted by us) because of
something beyond our reasonable control such as lightning, flood,
exceptionally severe weather, fire, explosion, war, civil disorder,
industrial disputes, acts or omissions of persons for whom we are not
responsible (including other telecommunication providers), or acts of
local or central Government or other competent authorities, such
party will not be liable for this.
14.9 These Terms (and any order
accepted by us) will be construed in accordance with and governed by
the laws of England. In the event of any dispute relating to or
arising from these Terms or any order accepted by us the parties
agree to submit to the-exclusive jurisdiction of the English
Courts.
14.10 Calls to our telephone numbers will be charged at
standard rates and may be monitored and/or recorded. You may address
any complaints or notices in writing to: Customer Services, Carphone
Warehouse Business, 6th
Floor, Merck House, Poole, Dorset BH15 1TW. Please include your
Mobile Phone details and account number in any correspondence.