| 1. |
Placing an
Order &
Stock Availability. |
| |
|
| 1.1 |
All
items offered
on our website
are subject
to availability
and price
change. We
endeavour
to advise
on our website
of any items
that are currently
out of stock,
wherever possible.
If an item
ordered is
out of stock
we will endeavour
to notify
you within
two working
days of your
order being
placed. We
will advise
you of the
likely time
scale of any
delay and/or
price change,
but you are
of course
at liberty
to cancel
your order.
|
| 1.2 |
Orders
for any of
our products
or services
can be placed
via our Secure
Online Server
or by telephoning
our Customer
Service Centre
/ Sales Team. |
| 1.3 |
All
orders placed
will be treated
as an offer
to purchase.
Any automated
reply that
you receive
shall not
be deemed
to be our
acceptance
of your offer
to purchase.
Acceptance
of your offer
to purchase
shall only
be deemed
to be complete
when we have
sent a confirmation
email of the
despatch of
the goods,
to the email
address that
you have provided
(whether or
not you receive
that email).
We reserve
the right
to refuse
or reject
any offer
to purchase
at any time. |
| 1.4 |
We
aim to process
and despatch
all orders
as quickly
as possible
- usually
within two
working days.
Business orders
may take longer
due to verification
and credit
checking processes.
Orders involving
the transfer
of mobile
phone numbers
may also take
longer due
to the administration
involved with
the relevant
networks. |
| 1.5 |
All
orders are
checked by
our Order
Verifying
Team for the
security of
both you and
us. Our Order
Verifying
Team 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 |
All
orders must
be accompanied
by active
credit or
debit card
information
as we carry
out checks
and 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 |
Complications
caused by
any of the
above in Clauses
1.4 - 1.7
may cause
a delay in
the processing
and despatch
of your order. |
| |
|
| 2. |
Payment
and Ownership
of Goods |
| |
|
| 2.1 |
We
accept payment
by Visa, Delta,
Switch, Mastercard,
Amex and Solo
cards that
are not swipe
only. Prosmart
Ltd will never
debit any
credit/debit
card until
the order
is ready for
despatch.
In these Terms
and Conditions
of Business:-
"Goods"
means products
or service
offered for
sale by us. |
| 2.2 |
"Promotional
Product"
means an services
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 despatch
of the goods
to you, we
will treat
the order
as cancelled.
If the goods
and promotional
products have
been despatched
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. |
| |
|
| 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,
tariffs, 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. |
| |
|
| 5. |
Delivery |
| |
|
| 5.1 |
Packages
are delivered
by in person
or Royal Mail,
Parcel Force
and City Link
on the appropriate
media. The
service type
used will
depend upon
the value
and size of
the product/s
purchased.
Royal Mail
Silver Delivery
and recorded
service, Parcel
Force and
City Link
will require
a signature
upon delivery. |
| 5.2 |
Prosmart
Ltd cannot
be held responsible
for any delays
caused by
Acts of God,
industrial
action, vehicle
breakdown,
service providers,
credit searches,
stock availability
and delivery
companies.
These events
are outside
of our control
and we cannot
accept any
liability. |
| 5.3 |
Parcels
sent to remote
parts of the
United Kingdom,
such as Northern
Scotland and
parts of Northern
Ireland, the
Channel Islands
and the Isle
of Man etc
may take longer
to deliver. |
| 5.4 |
We
do not delivery
any orders
outside of
the United
Kingdom unless
by prior mutually
agreed arrangements.
To protect
genuine card
holders we
do not accept
card payments,
or COD, for
overseas orders
under any
circumstances.
The option
for genuine
overseas customers
wishing to
purchase goods
is by bank
transfer of
funds. Please
contact our
Customer Service
Team on xxxxxxx
for our bank
details. |
| |
|
| 6. |
Privacy
of Information |
| |
|
| 6.1 |
Any
information
collected
by Prosmart
Ltd, including
that gathered
at the time
of ordering/registration,
is collected
lawfully and
in accordance
with the Data
Protection
Act 1998. |
| 6.2 |
Prosmart
Ltd do not
sell or transmit
any customers
personal information,
including
email addresses,
to any organisation
for any purpose
other than
for processing
orders placed
with us (if
necessary). |
| 6.3 |
Where
there is sufficient
evidence to
suggest that
fraud is being
perpetrated,
(such as the
stated name
and address
being different
to that of
the credit/debit
card owner),
Prosmart Ltd
reserve the
right to pass
identification
(such as name,
address, email
and ISP details)
to other businesses,
fraud data
bases and
relevant authorities. |
| 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 MobileShop.com.
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 |
|
| |
|
| 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.
Prices are
subject to
change at
any time. |
| |
|
| 8. |
Complaints |
| |
|
| 8.1 |
|
| 8.2 |
We
endeavour
to respond
to all complaints
within five
working days
and aim to
resolve any
problems as
soon as we
can after
receiving
details of
a complaint. |
| |
|
| 9. |
Trademarks
and Copyrights |
| |
|
| |
We
recognise
all trademarks
and copyrights.
Should
you be
the copyright
owner
and be
unhappy
with our
use of
your copyright
please
contact
us and
we will
correct
the situation
immediately.
|
| |
|
| 10. |
Payment
Authorisations |
| |
|
| 10.1 |
By
accepting
these
terms
and conditions
you agree
that prosmart
Ltd are
authorised
to charge
your credit
or debit
card for
the goods
supplied.
You also
agree
that we
are authorised
to charge
your card
with any
other
charges
specified
within
these
Terms
and Conditions
and within
our Returns
Policy.
|
| 10.2 |
In
the event
that any amounts
become due
(including
downgrades,
early disconnections,
missing or
damaged returned
goods, credit
or debit card
charge backs
and dishonoured
cheques) and
remain unpaid
for more than
14 days, we
reserve the
right to engage
the services
of a debt
recovery agent.
Charges incurred
as a result
of this action
will be your
responsibility. |
| |
|
| 11. |
Liability |
| |
|
| 11.1 |
Prosmart
Ltd will
not be
responsible
for any
business
loss (including
loss of
profits,
revenue,
contracts,
anticipated
savings,
data,
goodwill
or wasted
expenditure)
or any
other
indirect
or consequential
loss.
|
| |
|
| 12. |
Your
Legal Rights
as a Consumer |
| |
|
| 12.1 |
If
any part
of our
terms
and conditions
is determined
by a UK
court
to be
invalid,
illegal,
void or
otherwise
unenforceable
under
any current
or future
law, the
remainder
of our
terms
and conditions
shall
not be
affected
thereby.
|
| 12.2 |
These
Terms and
Conditions
do not affect
any of your
statutory
rights. |
| |
|
| |
|
.gif)
