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Introduction
You will be asked to expressly agree to these terms and conditions before ordering products from this site. Please read them carefully. If you do not agree to them, do not order any products from this site. In order to indicate your acceptance of these terms and conditions, you must click on the button marked “I agree with the Big Phone Shop Terms and conditions” when ordering.
About us
For full details about us, please see the contact us page.
Definitions and interpretation
In this Agreement “we” means The Big Phone Shop Ltd (“us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;
“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;
“Order” means your order for products made via the site;
“Products” means goods which may be purchased by you from the site;
Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
Licence to use website
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
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Re-publish material from this website (including re-publication on another website); |
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sell, rent or otherwise sub-license material on the website; |
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Re-produce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; |
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edit or otherwise modify any material on the website; or |
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redistribute material from this website. |
Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Warranty
All products purchased from this web site are covered by a 12 month manufacturer's warranty, in relation to defective materials or workmanship from the date that they are delivered to you, under which your products may be repaired or replaced free of charge by the manufacturer.
In the unlikely event that you experience a fault or defect with the products as a result of defective materials or workmanship, please contact the service centre nearest to you as specified in the manufacturer's literature accompanying the products.
Price
Prices for products are quoted on the site. The site contains a large number of products and it is always possible that some of the products listed on the site may be incorrectly priced. We will verify prices as part of our sale procedures so that a product's correct price will be stated in the when you pay for the product.
All products and/or services displayed on this web site are subject to availability. We will advise you if a product or service is unavailable.
All prices are subject to change at any time up to the time the order is shipped. If a price is corrected due to exceptional circumstances, we will inform you as soon as possible and provide you with the option of either cancelling the order or to continue with the order at the corrected price.
All prices marker “inc VAT” are inclusive of VAT (but do not include delivery charges). For orders to be despatched outside of the European Union, VAT will not be charged. In such cases, prices marked “ex. VAT” apply. Duties may, however, be incurred at the destination country. You will be responsible for paying any such duties according to the local laws and regulations of the destination country.
Payment
For orders within the UK, The Big Phone Shop Limited will accept payment by way of payment cards (Visa, MasterCard, Switch, Solo, Delta and American Express) as well as payment by cash deposit, bank transfer (BACS bill payment or CHAPS Telex Transfer). For all orders outside of the UK, for countries that The Big Phone Shop Limited ship to, payment by way of bank transfer or Western Union will be accepted. Payment by way of Visa, MasterCard or American Express may be accepted for certain countries, provided that The Big Phone Shop receive authorisation on name, address and amount from the card issuer and / or a signed authorisation form and copies of the credit card (front & back) are received by either fax or by post (see the contact us page).
In all cases The Big Phone Shop Limited requires receipt of cleared payment, in Pounds Sterling, prior to arranging delivery of the goods to you.
Your payment card will be debited when the order is ready to ship. In the event that the product you have ordered is temporarily out of stock, your payment card will be debited when the product is available next and is ready for delivery to you. If you no longer wish to wait for an unavailable product, you can cancel the order for the product, either verbally or in writing (by mail, fax or e-mail). The price of any product is the price quoted on our web site at the time of your order.
The Big Phone Shop Limited reserves the right, giving notice to you anytime before delivery, to increase the price of the products to reflect an increase in the costs to The Big Phone Shop Limited which is due to any factor beyond the control of The Big Phone Shop Limited, any change in delivery dates, quantities or specifications for the products which is requested by you, or any delay caused by any instructions by you or the failure by you to give The Big Phone Shop Limited adequate information or instructions.
Ordering
The information displayed on this web site, including prices, does not constitute an offer to contract or enter into an agreement.
When you send an order by means of the on-line store for products and/or services your order shall constitute an offer for the products and/or services selected.
We will not be obliged to accept your order. If we do, your order may be accepted by us by means of an e-mail confirming the order sent to the e-mail address supplied with the order.
We reserve the right to decline any order for any reason, prior to the order being despatched.
A contract or agreement for the products and/or services selected shall only be formed once our confirmation message is correctly sent to the address of your electronic mailbox on your Internet access provider's server. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures. No orders shall be accepted if received from persons under the age of 18.
Delivery
Delivery of the products will be made by The Big Phone Shop Limited using the following services:
for orders within the mainland UK, by next day registered or recorded post or courier;
and for international orders, by FedEx Courier Service or equivalent.
Any dates quoted for delivery of the products are approximate only, however, we will ensure that all goods are delivered within 30 days of acceptance of your order. If goods cannot be delivered within 30 days we will tell you and agree with you when the goods will be delivered.
All costs associated with the delivery as quoted by us are to be paid by you with the price of the goods.
If The Big Phone Shop Limited fails to deliver the products for any reason other than any cause beyond The Big Phone Shop Limited's reasonable control or your fault, and The Big Phone Shop Limited is accordingly liable to you, The Big Phone Shop Limited's liability shall be limited to the excess (if any) of the cost to you of similar goods to replace those not delivered over the price of the products.
Returns and Cancellation
Replacement policy (14 day). If goods sold by The Big Phone Shop Limited are found to be faulty "out of the box" or develop a fault in the first few days, you may return them to The Big Phone Shop Limited and we will send you free replacement provided that The Big Phone Shop Limited have verified the fault, the goods reach The Big Phone Shop Limited strictly within 14 calendar days from invoice date, the date the goods were originally despatched out to you. The following needs to be included:
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The goods in their original packaging with all accessories and documentation; |
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The completed returns form; and |
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A copy of the original invoice. |
Cancellation (7 day). If for any reason, you have decided to change your mind and did not like the goods we sent you, then you have the right to give us a notice of cancellation strictly within 7 calendar days from invoice date, the date the goods were originally shipped out to you. If you wish to cancel the contract, the following provisions apply:
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Any such notice of cancellation must be given to us by e-mail or the address on the contact us page. |
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If you cancel the contract we will refund you the sum paid by you within 30 days. |
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If you cancel the contract you must return the goods to us |
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the goods must reach The Big Phone Shop within 14 days of shipping the items out to you. |
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the packaging and all contents must remain in their brand new condition. Proper packaging will have to be used in returning the goods |
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if the goods contain software that has been opened or if the protective packaging of a handset or accessory have been removed, then a 25% re-stocking fee will be applied. |
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it will not be possible to refund any shipping charges. |
Complaints
If you have a complaint about our service, please let us know in writing. All complaints will be acknowledged within five working days. We will seek to resolve all complaints within 14 days and will keep you advised as to what is happening throughout the resolution process.
Risk
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
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