Shipping & Returns
TERMS OF SALE
These Terms of Sale will apply to any Contract that you enter into with us for the sale of Products. Before placing an Order you will be asked to agree to the Terms of Sale. If you refuse to accept them, you will not be able to order any Products from our Site.
We amend these Terms of Sale from time to time as set out below (under the sub-heading entitled “Changes to terms” in the section entitled “General”). Each time you wish to order any Products, please check these Terms of Sale carefully to ensure you understand the terms that will apply at that time. These Terms of Sale were most recently updated on [14 November 2014].
These Terms, and any Contract between us and you, are only in the English language.
The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
The packaging of the Products may vary from that shown on our Site.
You may only purchase Products from our Site if you are at least 18 years old.
We only supply the Products for domestic and private use. You agree not to use any Products for any commercial, business or resale purposes.
ORDERING PRODUCTS AND FORMING A CONTRACT
Our shopping pages will guide you through the steps you need to take to place an Order with us. [Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your order at each page of the Order process.]
Your Order constitutes an offer to us to buy the Product that you have selected. All Orders are subject to availability of the relevant Product and to acceptance by us. We will send you an email acknowledging receipt of your Order. Please note that this does not mean that your Order has been accepted by us. The Contract for purchase of the Product is formed when we send you an email confirming your Order has been accepted.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by email and we will not process your Order.
PRICES AND PAYMENT
The price of a Product will be as stated on this Site at the time you place your Order, except in the case of obvious error. We try and ensure that all prices on our Site are accurate but errors may occur. If we discover an error in the price of a Product that you have ordered before a Contract between us is formed in accordance with the preceding paragraph of these Terms of Sale, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If you cancel, no payment will be taken from your card.
Prices shown are inclusive of UK Value Added Tax.
Prices include the cost of delivery.
We accept payment by the following methods: Visa, Visa Debit, MasterCard and PayPal.
Payment will be debited from your account at the time of purchase or shortly before dispatch of the Product to you, whichever is sooner.
You confirm that the credit/debit card or PayPal account that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your Order, we will not be responsible for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.
DELIVERY AND OWNERSHIP
We accept Orders for delivery to the UK only.
|Country||Delivery Type||Delivery Time||Cost|
|UK||dpd||Next day delivery on orders before 3pm||FREE|
Products will be dispatched by courier. Products will only be dispatched to a delivery address which matches the cardholder’s registered billing address.
We will endeavour to fulfil your Order by the estimated delivery date set out in the dispatch confirmation email. If we are unable to fulfil your Order within that time, we will email to let you know and to give you a revised estimated delivery date. In these circumstances you have the right to cancel the Order and receive a full refund if: (a) we have refused to deliver the Product; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your Order that delivery within the delivery deadline was essential. If you do not wish to (or are not entitled to) cancel your Order straight away, then you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
As soon as the Product is delivered to you (or a person identified by you to take delivery of the Product on your behalf), you are responsible for it. You own the Product once we have received payment for it in full, including all applicable delivery charges.
For more details, please see the shipping information of our online retailers or contact their support services directly.
CANCELLATION, RETURNS AND REFUNDS
You have certain legal rights in relation to any Products that you purchase. These include:
- that any Products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on our Site;
- certain remedies if a Product is defective; and
- a right to cancel any Contract without giving any reason within 14 days, beginning the day after the day on which you receive the Product, and to receive a full refund, even if the Product is not defective. This right is subject to certain conditions and exceptions (see “Return of non-faulty goods” below).
Nothing in these Terms of Sale is intended to affect these legal rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.
Return of non-faulty goods
We hope you will be happy with your purchase of a Product from us. However, you have the right to cancel the Contract within 14 days without giving any reason, as long as:
- you inform us that you are cancelling the Contract no later than the 14th day after the day on which you received your Product;
- you have taken reasonable care of the Product prior to return – in particular this means that it must not have been damaged or used excessively and that it is returned with all accessories and manuals that were supplied with it;
- you will be responsible for the cost of returning the Product to us, unless it is faulty, incorrect or misdescribed; and
- you return the Product in suitable packaging to ensure it reaches us in good condition. We suggest that you use a postal service that insures you for the value of the item you are returning and that you obtain proof of postage.
See below for more details about your right to cancel.
Please note that any Contract for the purchase of a Product is separate from any contract for telecommunications or data services that you enter into with a mobile network operator. If you exercise your right to cancel a Contract, then the ongoing performance of your contract with the relevant mobile network operator remains your sole responsibility.
THE CANCELLATION PERIOD
Where you have ordered a single Product, your cancellation period will expire after 14 days from the day on which you (or a person indicated by you to take delivery, other than the carrier) takes delivery of the Product.
Where you have ordered multiple Products, or a Product that consists of multiple pieces, then your cancellation period is as follows:
- if you have ordered multiple Products in one Order and the Products are delivered separately, your cancellation period will expire after 14 days from the day on which you (or a person indicated by you to take delivery, other than the carrier) takes delivery of the last Product; or
- if you have ordered a Product that consists of multiple pieces (e.g. a mobile telephone and accessories), your cancellation period will expire after 14 days from the day on which you (or a person indicated by you to take delivery, other than the carrier) takes delivery of the last piece.
To exercise your right to cancel, you simply need to make a clear statement informing us of your decision to cancel.
You can contact us:
- by post at your local service centre as listed in Schedule 1.
If you cancel by post, please include a copy of your proof of purchase to help us identify it.
Alternatively, you can inform us of your decision to cancel using the model cancellation form set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), but it is not obligatory to do so. See Schedule 2 for an example of this model cancellation form.
To meet the cancellation deadline, you need to send your communication telling us that you wish to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel a Contract, we will reimburse to you all payments that we have received from you. This includes the costs of delivery, except for any additional costs where you chose a form of delivery that was not the least expensive type of standard delivery offered by us.
We may make a deduction from the reimbursement for the loss in value of any Products that we supplied if the loss is the result of unnecessary handling by you (e.g. handling that is beyond the sort of handling that might reasonably be allowed in a shop). Unnecessary handling could include using a Product to make or receive a call or to send or receive an SMS or MMS message, installing or using any software, or using any of the Product’s functions.
We will make the reimbursement without undue delay and not later than:
- 14 days after the day we receive back from you any Products supplied, or
- if earlier, 14 days after the day you provide evidence that you have returned the Products.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You must send back the Products or hand them over to us without undue delay and in any event no later than 14 days from the day on which you let us know that you wish to cancel your Contract. The deadline is met if you send back the Products before the period of 14 days has expired. Our returns address is your local service centre as listed in Schedule 1.
You will be required to bear the direct cost of returning the Products (unless they are faulty or not as described).
RETURN OF FAULTY GOODS
If a Product is faulty or does not meet the description given on our Site at the time you placed your Order, please contact us as soon as possible using the contact details set out above in order for us to arrange to collect the Product at our cost. We will repair or replace the Product and deliver it (or its replacement) back to you at our cost. This does not affect your legal rights in relation to Products that are faulty or not as described. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.
The Products are manufactured by Wileyfox Mobile Limited, a company registered in England under company number 07648053, with its registered address at Jubilee House, Townsend Lane, London NW9 8TZ. Wileyfox Europe Limited offers a limited warranty for Products. You can find a copy of this warranty (including applicable terms and conditions) on the product pages of the Site. The warranty offered by Wileyfox Europe Limited does not affect your legal rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.
OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
We are under a legal duty to supply Products that are in conformity with the relevant Contract. You have certain legal rights in relation to any Products that you purchase. Nothing in these Terms of Sale is intended to affect these legal rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence or that of our employees or agents;
- fraud or fraudulent misrepresentation by us or our employees or agents;
- any breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any other loss or liability to the extent it cannot be excluded or limited under applicable law.
- If we fail to comply with any of these Terms of Sale, we are responsible for any losses that you suffer which are a reasonably foreseeable consequence of our breach (but we are not responsible for any losses that are not reasonably foreseeable). Losses are foreseeable where they are an obvious consequence of our breach or they could be contemplated by you and us at the time of entering into a Contract.
As we only supply the Products for domestic and private use, we will not be liable to you for any loss of profit, loss of business, business interruption, loss of business opportunity or loss of goodwill.
We are not responsible for any failure to perform, or delay in performing, any of our obligations under a Contract where the failure is due to an Event Beyond Our Control.
“Event Beyond Our Control” means any cause beyond our reasonable control which prevents or delays us from fulfilling any of our obligations under a Contract, and includes (but is not limited to) strikes, lock-outs or other industrial action by third parties, fire, explosion, flood, storm, earthquake or other natural disaster, riot, civil disturbance, war (or threat of war), nuclear accident, terrorist activity (or threat of terrorist attack) and acts of God.
CHANGES TO TERMS
We amend these Terms of Sale from time to time. Please look at the start of these Terms of Sale to see when they were last updated and which terms were changed.
Each time you order any Products from us, the Terms of Sale in force at the time of your Order will apply to the Contract between you and us.
We may revise these Terms of Sale as they apply to any Order you make from time to time to reflect any changes in relevant laws or regulatory requirements. If we do so, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products that you have not yet received. If you opt to cancel, you will have to return (at our cost) any relevant Products that you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
TRANSFER OF A CONTRACT
We may transfer our rights or obligations or sub-contract our obligations under a Contract to another other legal entity, but this will not affect your rights or obligations under these Terms of Sale. We will notify you if this happens.
Any Contract is personal to you, and you may not transfer your rights or obligations under a Contract to anyone else.
If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.
If any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
THIRD PARTY RIGHTS
These Terms of Sale are not intended to give rights to anyone except you and us. This does not affect our right to transfer any Contract as set out above.
COMPLAINTS AND DISPUTES
We will do our best to resolve any disputes over these Terms of Sale or any Contract. If you wish to take court proceedings against us, you must do so within the United Kingdom. These Terms of Sale and any Contract (and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims) are governed by English law. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This does not prevent residents of Scotland from starting proceedings in the Scottish courts, or residents of Northern Ireland from starting proceedings in the courts of Northern Ireland.
Local Service Centres
Beaver Industrial Estate
Unit A2, TN23 7SH
Model Cancellation Form
To Wileyfox Online Limited, c/o SBE UK, Beaver Industrial Estate, Unit A2, TN23 7SH, Ashford, Kent, UK
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.