Terms & Conditions

TERMS OF USE

This page (together with our Privacy Policy and Cookies Policy and any other documents referred to on it) tells you:

  • information about us;
  • the terms of use (the “Terms of Use”) on which you may make use of our website at http://wileyfox.com/ (the “Site”); and
  • for legal terms and conditions on which we sell any of the products (the “Products”) listed on our Site to you (the “Terms of Sale”), please see the Shipping and Returns page.

Please read the Terms of Use and Terms of Sale (together, the “Terms”) carefully before you start to use our Website or purchase any Product. You should keep a copy of these Terms for future reference. Click here to print or download.By using our Site, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using our Site.

1. GENERAL INFORMATION ABOUT US

The Site is operated by Wileyfox Europe Limited, a company registered in England under company number 07648053. Our registered address is Jubilee House, Townsend Lane, London NW9 8TZ. Please note, this is not the address to send your device to for repair or returns (see below). 

If need to arrange a repair or return of your Product(s) or you have any questions, complaints or comments about our Site or our Products, then please contact us:

Our VAT number is GB 114770625.

References to “we”, “us”, “our” and “Wileyfox” in these Terms are references to Wileyfox Europe Limited.

2. TERMS OF USE

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our Site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice or any other form of advice and shall not be relied upon as such.

We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on our Site and, to the fullest extent permitted by English law, we exclude all liability for loss or damages (whether direct or indirect) arising from use of our Site.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your use of our Site means that you accept, and agree to abide by, all the policies contained in our Acceptable Use Policy.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy. You confirm that any such contribution does comply with those standards, and you will be responsible for any loss or damage that we suffer as a result of that confirmation being incorrect.

Any content that you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but, when you upload or post content to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, reproduce, distribute, modify and display that content in any media and in connection with (or in order to promote) our Site or the services that we provide. You also grant a licence to other users of the Site to use your content for their purposes.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our Site do not represent our views or values.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

OUR LIABILITY

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms of Use affects your statutory rights.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKS TO AND FROM OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our Site we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact us.

Terms and Conditions for Free Screen Replacement

For the purpose of these Terms and Conditions (‘Terms’) references to “Supplier” means Wileyfox Europe Limited who is the supplier of the Terms; references to "Mobile Phone" means the mobile telephone which these Terms accompanies; references to “You” and Your” means you the purchaser of the Mobile Phone. For further information on how to claim screen replacement, please contact your Distributor or visit our website at www.wileyfox.com.

1. THE TERMS OF THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE NATIONAL LAWS.

2. Register your mobile phone at Wileyfox.com and receive screen protection from one year of date of purchase.

3. Proof of purchase required.

4. Supplier, its authorised resellers (“Authorised Resellers”) and authorised service centres (“Authorised Service Centres”) reserve the right to request proof of purchase showing dealers name, model and serial number before providing any screen replacement confirmation.

5. Your proof of purchase must be from an Authorised Reseller.

6. The Supplier’s obligation to repair or replace the touch pad and/or display screen of the Mobile Phone as provided for under this clause shall be restricted to one claim only.

7. Screen replacement shall be invalidated in the event of any (a) deliberate damage to the touch pad and/or display screen or (b) damage not related to the screen or (c) improper use, or any modification, adaptation or neglect caused by You including but not limited to failure to use this product for its usual purposes or failure to follow Supplier’s instructions for usage and maintenance or (d) acts of God or any cause beyond the Supplier’s control caused by but not limited to water, fire, smoke, lightning, public disturbances and lack of ventilation or (e) unauthorised modifications carried out on Your Mobile Phone to comply with localised technical standards in countries which Your Mobile Phone was not originally designed or (f) exposure to moisture, dampness or extreme temperatures or environmental conditions or rapid changes in these conditions or (g) food or liquid spillage.

8. Your right to screen replacement is non-transferable.

9. Should you claim a repair that is not covered under these Terms, any of Supplier, Authorised Reseller or the Authorised Service Centre may charge you the costs of the repair.

10. Supplier may use newly manufactured or a refurbished service part at its option to repair Your Mobile Phone.

11. Screen replacement shall be invalidated if the Mobile Phone or component has been repaired or serviced (including the opening of Your Mobile Phone) other than by Supplier, an Authorised Reseller or Authorised Service Centre, or if the Mobile Phone or component labels, serial/IMEI number, or product numbers have been removed, altered or obscured or otherwise made illegible.

12. Supplier expressly disclaims and excludes all conditions, warranties and other terms with regard to the Mobile Phone, including, but not limited to, in every case whether express or implied by statute, common law, custom, collaterally or otherwise, to the fullest extent permitted by applicable law. In particular, but without limit to the generality of the foregoing exclusion, any conditions, warranties and other terms as to ownership of any software, as to price and / or non-infringement of third party rights are excluded whether in contract or tort. Any implied warranties that may be imposed by applicable law are limited in duration, subject to such applicable law, to the term of the express limited warranty given by Supplier.

13. To the maximum extent permitted by applicable law, and except as provided herein in no event shall Supplier, Authorised Resellers, Authorised Service Centres or the manufacturer be liable for damage to, or loss or corruption of, records, programs, data or removable storage media including the cost of recovering such programs or data (including damages for loss of business profits, loss of revenue, loss of data, loss of software, the cost of software reconfiguration, loss of savings or anticipated savings or other special, incidental, exemplary or consequential damages) whether for breach of warranty, contract, strict liability, tort or otherwise arising out of or resulting from the use of or inability to use the Mobile Phone and/or the enclosed materials (including any software and all written materials such as the safety instruction and user’s manuals), even if Supplier, Authorised Resellers, Authorised Service Centres or manufacturer, have been advised of the possibility of such damages or of any claim by any third party.

14. In any event, and to the fullest extent permitted by applicable law, any liability of Supplier’s Authorised Resellers, Authorised Service Centres or manufacturer which is not excluded shall be limited to the purchase price of the Mobile Phone.

15. Nothing in these Terms attempts to exclude or reduce the Supplier's liability for personal injury or death caused by or arising from its negligence or from fraudulent misrepresentation and as otherwise required by applicable law.

16. Free Screen Replacement is a promotional offer which may be amended or removed at any time by the Supplier. However, this will not affect your right to screen replacement if such promotional offer was in force when You purchased Your Mobile Phone.

17. In the unlikely event of experiencing any anomalies with Your Mobile Phone display screen, please visit our website for further guidance at www.wileyfox.com

 

Free Case and Screen Replacement Terms and Conditions.

Offer live from 8th Dec, Offer closes 31st March 2017.

Free Original Wileyfox case will be given to any purchaser of the Wileyfox Swift 2 – Midnight Blue or Champagne coloured phones. 

While stocks last.

In addition purchasers will receive free screen replacement  - see Screen Replacement Terms and Conditions.

 

Swift 2 Facebook Competition (2016) – Terms and Conditions

By entering the Swift 2 Facebook Competition (hereinafter referred to as the ‘Competition’) on the Wileyfox Facebook page you are agreeing to the Promoter storing and using your information for marketing purposes. We will not share your information with third parties and you can opt out at any time by unsubscribing from emails or emailing us directly.

This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating you hereby release and hold harmless Facebook from any and all liability associated with this promotion.

Entrants are providing information to Promoter and not to Facebook.

Please read these competition rules carefully.

1. This Competition is open to all UK residents aged 18 years old or over at the time of entry, except employees of the Promoter, their families, agents or any third parties directly associated with the administration of the prize draw.

2. All entries must be submitted via Facebook and only one entry per person is permitted. Facebook entries must tag Wileyfox and include the hashtag #thisisswift2.

3. The opening date for entries is 00:01 on 26th December 2016. The closing date of the prize draw is 23:59 on 5th January 2017. Entries received after this time will not be valid.

4. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind. The Promoter accepts no responsibility for entries that are not completed for any reason.

5. The winner will be selected at random draw on 6th January 2017 (hereinafter referred to as ‘Draw Date’).

6. The winner will receive a limited edition Wileyfox Swift 2 in Mint.

7. The winner will be notified by Facebook or Facebook Messenger before [DATE] and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within 14 days of being notified by the Promoter, then the winner’s prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

8. The prize will be sent to the winner by post within 14 days of being notified of their win.

9. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.

10. If an advertised prize is not available, we reserve the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.

11. The decision of the Promoter regarding any aspect of the prize is final and binding and no correspondence will be entered into about it.

12. The winner’s name and county can be obtained by sending a stamped addressed envelope to Wileyfox Europe Limited, Jubilee House, Townsend Lane, London, NW9 8TZ within 30 days after the date of the closing date of the prize draw.

13. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

14. The Promoter reserves the right to hold, void, cancel, suspend, or amend the Competition where it becomes necessary to do so.

15. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

16. Please read our Privacy Policy which tells you how we use any personal information we may collect about you by entering this Competition.

17. The prize draw will be governed by English law and entrants to the prize draw submit to the jurisdiction of the English courts.

18. The Promoter of this prize is Wileyfox Europe Limited of Jubilee House, Townsend Lane, London, NW9 8TZ, United Kingdom.

 

Swift 2 Plus Facebook Competition (2017) – Terms and Conditions

By entering the Swift 2 Facebook Competition (hereinafter referred to as the ‘Competition’) on the Wileyfox Facebook page you are agreeing to the Promoter storing and using your information for marketing purposes. We will not share your information with third parties and you can opt out at any time by unsubscribing from emails or emailing us directly.

This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating you hereby release and hold harmless Facebook from any and all liability associated with this promotion.

Entrants are providing information to Promoter and not to Facebook.

Please read these competition rules carefully.

1. This Competition is open to all UK residents aged 18 years old or over at the time of entry, except employees of the Promoter, their families, agents or any third parties directly associated with the administration of the prize draw.

2. All entries must be submitted via Facebook and only one entry per person is permitted.

3. The opening date for entries is 00:01 on 31st January 2017. The closing date of the prize draw will be the date the 25th winner has been drawn.

4. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind. The Promoter accepts no responsibility for entries that are not completed for any reason.

5. The winner will be selected at random draw for every 1000 new likes to the Wileyfox Official Facebook Page (hereinafter referred to as ‘Draw Date’).

6. The winner will receive a limited edition Wileyfox Swift 2 Plus; colours may vary.

7. The winner will be notified by Facebook or Facebook Messenger and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within 14 days of being notified by the Promoter, then the winner’s prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

8. The prize will be sent to the winner by post within 7 days of being notified of their win.

9. The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.

10. If an advertised prize is not available, we reserve the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.

11. The decision of the Promoter regarding any aspect of the prize is final and binding and no correspondence will be entered into about it.

12. The winner’s name and county can be obtained by sending a stamped addressed envelope to Wileyfox Europe Limited, Jubilee House, Townsend Lane, London, NW9 8TZ within 30 days after the date of the closing date of the prize draw.

13. Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

14. The Promoter reserves the right to hold, void, cancel, suspend, or amend the Competition where it becomes necessary to do so.

15. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

16. Please read our Privacy Policy which tells you how we use any personal information we may collect about you by entering this Competition.

17. The prize draw will be governed by English law and entrants to the prize draw submit to the jurisdiction of the English courts.

18. The Promoter of this prize is Wileyfox Europe Limited of Jubilee House, Townsend Lane, London, NW9 8TZ, United Kingdom.

 

Wileyfox Phone Promotion (hereinafter referred to as the “Promotion”) Terms and Conditions.

1. The Promoter is Wileyfox Europe Limited, a company existing under the laws of England and Wales whose registered office is at Jubilee House, Townsend Lane, London, NW9 8TZ, United Kingdom (hereinafter referred to as the “Promoter”).

2. The Promotion is valid from 00.01 on 26th December 2016 until 23.59 on January 2nd 2017 (hereinafter referred to as the “Promotion Period”) and is only available while stocks last.

3. This Promotion is open to residents of United Kingdom, France, Spain, Germany, Italy and the Netherlands.

4. The Promoter reserves the right to verify the eligibility of the Participant (the applicant of the Promotion).

5. Participants in the UK who sign up for the promotion and purchase a full price Wileyfox Spark or Wileyfox Spark+ smartphone from wileyfox.com within the Promotion Period, will be entitled to £20.00 off the total price of their device (if the Participant is a resident of the United Kingdom) by entering the promotion code BOXINGFOX [promo code tbc] when prompted at the online checkout; Participants in the UK who sign up for the promotion and purchase a full price Wileyfox Spark X smartphone from wileyfox.com within the Promotion Period, will be entitled to £20.00 off the total price of their device and a free case worth £14.99 (if the Participant is a resident of the United Kingdom).

6. Participants in Europe who sign up for the promotion and purchase a full price Wileyfox Spark or Wileyfox Spark+ smartphone from wileyfox.com within the Promotion Period, will be entitled to €25.00 off the total price of their device (if the Participant is a resident of France, Spain, Germany, Italy or the Netherlands) by entering the promotion code BOXINGFOX [promo code tbc] when prompted at the online checkout; Participants in the Europe who sign up for the promotion and purchase a full price Wileyfox Spark X smartphone from wileyfox.com within the Promotion Period, will be entitled to €25.00 off the total price of their device and a free case worth €17.99 (if the Participant is a resident of France, Spain, Germany, Italy or the Netherlands).

7. Participants are deemed to have accepted and agreed to be bound by these Terms and Conditions upon participating in the Promotion. The Promoter reserves the right at its absolute discretion to disqualify Participants which it considers do not comply with these Terms and Conditions.

8. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraud including, without limitation, to generate or require further verification as to proof of purchase, as well as the identity and other relevant details of a Participant. This process may involve the Promoter sharing information with third parties.

9. The Promoter may use any personal information submitted by the Participant to advise them of future promotions and to provide information about products of the Promoter or its associated companies that may be of interest. The Participant hereby consents to such personal information being used for this purpose and confirms that they agree with the Promoter’s privacy policy available at:https://www.wileyfox.com/privacy-policy/. The Participant may withdraw consent to such use of personal information by writing to the Promoter or by using the opt-out process outlined in the Promoter’s privacy policy.

10. The Promoter reserves the right to hold, void, cancel, suspend or amend the Promotion and these Terms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the Promotion will be notified to Participants as soon as possible by the Promoter.

11. The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the Terms and Conditions of the Promotion.

12. This Promotion cannot be used in conjunction with any other promotions or offer.

13. This Promotion is non-transferable and not redeemable for cash by Participants.

14. Returned items will be refunded at the discounted price paid. This does not affect your statutory rights.

15. The Promoter will not be responsible or liable for: (a) any failure to receive submissions due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Promotion.

16. Participants will be solely responsible for any and all applicable taxes and any other relevant costs and expenses which are not stated in the Terms and Conditions as included in the Promotion.

17. By participating in this Promotion, the Participant agrees, to the maximum extent permitted by applicable laws, and except as provided herein, to release and hold the Promoter harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Promotion, including without limitation, awarding, acceptance, receipt, possession, use and/or misuse of the Promotion. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence or generally for intent as well as for gross negligence.

18. The Promotion is governed by English law and disputes will be subject to the exclusive jurisdiction of the English courts.

19. The terms of these Terms and Conditions do not affect the Participant’s statutory rights under any applicable national law.

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