Services Terms and Conditions of Sale
By purchasing or ordering the Equipment and/or Services, you agree to be bound by the terms and conditions set out below. All orders for Equipment that are accepted by The Carphone Warehouse Limited (registered in England with company no. 02142673) trading as 'CPW Business Services' ('we/our/us') are subject exclusively and strictly to the following terms and conditions ('Terms') and no alterations proposed by you, the customer ('you/your') shall be binding unless we agree in writing. If you have a query regarding anything you have purchased from us, please call our business customer care on 0800 1300688
Contract' means a contract entered into between you and your Network Operator
relating to the provision of the Services;
"Dixons Carphone group" means The Carphone Warehouse Limited, together with its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time, including Dixons Carphone Plc,. and their affiliates and subsidiary companies from time to time;
'Equipment' means any equipment you purchase under these Terms;
'GSM Gateway' means any equipment containing a SIM card which enables the routing of incoming fixed to mobile calls or cross network calls, in such a way as to establish an on-network call on the Network;
'Minimum Period' means the minimum period for the provision of the Services under your Airtime Contract and/or any upgrade;
'Mobile Phone' means a cellular telephone, tablet or any other device which incorporates a SIM card used by you to receive the Services and any accessories included in the provision of your device supplied by us to you which forms part of the Equipment;
'Network' means the mobile telecommunication system operated by your Network Operator;
'Network Operator' means a Network provider into which you have entered any Airtime Contract;
'Personal Information' means the details provided by you to us; and
'Services' means any services you order or otherwise purchase under these Terms.
1. RIGHTS AND
1.1 You undertake:
1.1.1 to pay any amounts due in a timely manner;
1.1.2 that the Personal Information which you provide is true, accurate, current and complete in all respects;
1.1.3 to notify us immediately of any changes to the Personal Information either in writing addressed to Customer Services, The Carphone Warehouse Limited t/a CPW Business Services, 23 Branksome Business Park, Bourne Valley Road, Poole, Dorset BH12 1DW or by calling us on 0800 1300688; and
1.1.4 not to impersonate any other person or entity or to use a false name.
1.2 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Equipment or Services available. We also reserve the right to change or add to these Terms from time to time. Unless you have placed an order for any Equipment or Services by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
2 ORDERS AND
2.1 Each order placed by you will be treated as an offer to purchase the Equipment and/or Services to which your order relates. The contract will only be completed when we confirm in writing that it has been accepted by one of our authorised representatives or when we dispatch the Equipment/ commence the provision of the Services (as applicable), whichever is the earlier.
2.2 We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed.
2.3 Under no circumstances shall our acceptance of your order be construed or implied to create an obligation on us to subsequently accept any additional order from you.
2.4 You shall be responsible for ensuring the Equipment you purchase is of the correct specification for its intended use and location.
2.5 From time to time we may have to make changes in the specification of the Equipment:
2.5.1 to make it conform with any applicable safety or other legal and/or statutory requirements; or
2.5.2 to make it reflect changes in the manufacturer's specification.
2.6 We may also have to make other necessary changes in the specification of the Equipment from time to time, but these will not materially reduce the quality or performance of the Equipment.
2.7 We reserve the right to substitute goods substantially equivalent to the Equipment ordered.
2.8 Equipment that you have ordered may be subject to EU and US export control laws and laws of the country where it is delivered or used. Under these laws, such Equipment may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-users (including uses related to the development, production, use, or maintenance of 'Weapons of Mass Destruction', including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If the Equipment is supplied to you subject to any such export law, supply to you of the Equipment is all subject to you not falling into any such restricted categories.
3 PRICE OF
3.1 The price of the Equipment shall be our quoted price (which we can change in the case of an error) or, where no price has been quoted or a quoted price is no longer valid, the price of which we inform you prior to accepting your order
3.2 If we deliver the Equipment to you, you may incur an additional charge but you shall be notified of such charge prior to us accepting your order.
4 TERMS OF
4.1 Subject to any special terms agreed in writing between you and us, you shall pay for the price of the Equipment prior to dispatch.
4.2 Payment on time is of the essence. If you fail to make any payment on the date it is due then, without prejudice to any other right or remedy we may have, we can:
4.2.1 terminate this agreement, including but not limited to any order. between you and us;
4.2.2 suspend any further deliveries to you; and/or
4.2.3 in any event charge you interest (before and after any judgement) on the amount unpaid, at the rate of 2