The Company intends to rely upon these Terms. If you want to change them, please make sure you ask for any changes to be put in writing before you place your order. This is to avoid any misunderstandings as to what we and you are expected to do. It is important that you read and understand these Terms before ordering from us. If there is any term that you do not understand please notify our Customer Care Department before ordering from us.

Our offers will have specific terms which are applicable to them and these will be explained to you by phone or on our website at the relevant page.

You must be over 18 to order any products from us. We only accept orders from you if you are resident in the United Kingdom. By ordering from us you confirm that you are over 18 and in the United Kingdom. Delivery can only be made to addresses in the United Kingdom.

The benefit of any contract entered into with us is personal to you and only you can enforce the contractual terms.
2. Supply of Phones
Unless we have specifically agreed to sell you a phone on a handset only basis we only agree to sell or supply a phone to you on the basis that you enter into an airtime agreement to connect the phone we supply to an airtime provider for a minimum period of 12 months on the particular network and tariff that is associated with the phone. If there is a connection fee and/or a delivery charge, you must also pay that. The reason we insist on this is because mobile phones typically are worth several hundred pounds and we can only sell or supply a phone either free or for a price far below what the phone is worth (depending on the model or offer) if you also enter into such an airtime agreement. Your contract for airtime is not with us but is with a separate airtime provider.

If we deliver a phone to you (other than a handset only phone) and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the handset only phone. Our price list is on the website or available on request.

PLEASE NOTE THAT IN ORDER TO USE A HANDSET ONLY PHONE YOU WILL NEED TO HAVE YOUR OWN SIM CARD AND MAKE SEPARATE ARRANGEMENTS FOR AIRTIME.

The phone and any other goods we deliver to you become your responsibility once they are delivered to you.

3. Ordering from us
The details on our websites or in our advertisements or contained in our marketing materials and activities are not offers that you can accept. All orders for phones other than for a handset only phone are subject to you passing any status and credit checks required by the airtime provider. Where you are paying any money for the goods, all orders are subject to obtaining payment authorisation from your credit or debit card provider. We will let you know if you do not pass these checks or if we do not obtain such authorisations.

Please note that any automated reply or acknowledgement of your order that you may receive from us by email is not an acceptance of your order. The contract between us is made when we despatch the goods to you. If you have ordered through our website, we will send you an email confirming this. Only the goods stated on that email will be included in the contract.

Prior to entering the contract, we will be under no obligation to supply you with the mobile phone or other goods or services you have ordered.

We reserve the right to refuse or reject any order to obtain any goods or services at any time.

To purchase from us, you will need to use a credit, debit or charge card. If you order by our website, you will also need an e-mail address as we will use this to contact you. 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.

In order to obtain a phone from us unless it is a handset only phone, it is necessary to pay your monthly payments to the airtime provider by direct debit. We will arrange for this to be set up automatically for you and details will be confirmed to you by your airtime provider in writing soon after connection together with confirmation of when your first and ongoing payments will be taken. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. In the unlikely event of an error, you are entitled to an immediate refund from your bank. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that airtime agreements usually require payments to be made by direct debit and you may be in breach of your airtime agreement if you cancel a direct debit or request a refund. A copy of the safeguards will be sent to you with your confirmation letter within a few days of connection.

If you order insurance through us the insurance company will require a direct debit for any insurance premiums. We will arrange for this to be set up automatically for you and details will be confirmed to you by the insurer in writing soon after connection together with confirmation of when your first and ongoing payments will be taken. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. In the unlikely event of an error, you are entitled to an immediate refund from your bank. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that your insurance may cease if you cancel a direct debit or request a refund. A copy of the safeguards will be sent to you with your confirmation letter within a few days of connection.

Once you are connected to your airtime provider, your first bill may not be for a complete month. The exact period will depend on the particular billing cycle that the airtime provider operates. We do not have any control over this but it does mean that any free minutes and/or free messages are pro rated from connection up until the date of your first bill. We recommend that you check this with your airtime provider upon receipt of the phone. Your airtime provider's telephone number is included with the paperwork that will be sent to you with your phone.

4. Price
If you have agreed to pay for the phone or any goods during a telephone call with us, the price will be the price that we tell you during our telephone call. If you order from our website (unless we have made an error) the price will be the price quoted on the online order form.

Occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price and ask you if you still wish to place a new order with us. If we have not heard back from you within 10 days, then we will assume that you did not want to place a new order and we will give you a full refund if you have already paid.

We reserve the right to cancel the contract between us if one or more of the goods you ordered were listed at an incorrect price due to a typographical error or because of an error in our website. If we do cancel your contract in such circumstances, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

By ordering from us, you agree that we are authorised to charge your credit, debit or charge card with the amount shown on the online order form or the amount we agree with you over the phone.

5. Delivery
Delivery is normally free but if certain dates or times are requested, you may be required to pay extra for delivery. Any delivery charges will be explained to you by phone or, if you order from our website, will be stated on the website.

We will try to deliver the goods on the date agreed with you. If we are not able to do so, then we will inform you and we will agree an alternative date with you or you may, if you wish, cancel the contract and we will fully reimburse you. We will deliver to the address agreed with you at the time you place your order. You must be available to accept personal delivery and sign acknowledgement of delivery. If the package appears damaged when it is delivered to you we advise you not to accept delivery.

We strongly recommend that, upon receipt, you inspect the phone. In the unlikely event that we deliver the wrong phone to you or the phone or other goods are defective or damaged, please inform us as soon as reasonably possible.

We will not be liable for any delays beyond our reasonable control. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver it.

If we are unable to provide you with the phone you have ordered for reasons beyond our reasonable control, you will be contacted as soon as possible at which point you will be offered the choice of accepting a substitute phone (if available) or a complete refund of any sums that you have paid.
6. Data Protection and Privacy
By ordering from us, you agree to us using your personal details in order to supply the goods to you (which may involve passing them on to relevant third parties such as credit card companies, airtime providers, insurance companies and delivery firms) and in order to send you further information about our products and services. We may share the data amongst our group companies and our business partners for the purposes of our legitimate interests including statistical analysis, marketing of products and services and credit control. We may pass your personal details to other companies whom we think may wish to contact you about other products and services. If you breach this agreement your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

To make sure we follow your instructions correctly and to improve our service to you through training of our staff, we may monitor or record communications.

We will also pass on your personal details to service providers to enable them to set up direct debits, administer your airtime agreement and perform checks with credit reference agencies and for anti-fraud checks. We may also carry out status checks. If you order your insurance through us, you give us permission to pass your data to relevant insurance companies. If you order other services through us such as home fixed line services, you consent to us passing your personal data to suppliers of such services

You consent to us and people to whom we pass your personal details to contact you by post, email, SMS and phone. You consent to us obtaining information from the relevant airtime provider, insurance company or provider of mobile phone replacement schemes and any repairers about your use of the phone we supply to you.

You may request us to stop using your data or contacting you in particular ways (other than as is necessary for the performance of our obligations under our agreement or as permitted by law) by contacting our Data Protection Controller at the address below.

We may also disclose your personal information if we are required to do so by law for example to the Financial Services Authority and other regulatory and government agencies.

We monitor the use of our website for customer traffic and purchasing patterns and our website uses "session cookies" to enable us to keep track of your orders. Our website is being monitored by Speed Trap Limited's monitoring software and may capture information about your visit that will help us improve the quality of our service.

To help us and airtime providers to make credit decisions about you, to prevent fraud and to check your identity, we and the airtime providers may search our own files and the files of credit reference agencies who will record any credit searches on your file. Details of how you conduct your account may be disclosed to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention, money laundering prevention and occasionally for tracing debtors.

You acknowledge and agree to be bound by the terms of our privacy policy

7. Returns Policy
If you wish to take advantage of our returns policy, it is your obligation to return the phone in question together with any accessories and other goods supplied at your own cost by special delivery.

Our returns policy is in addition to any other rights you have and enables you to return the phone and other products we have sent you and end any associated airtime agreement even if you have used the phone. For phones with an associated airtime agreement, the phone and other goods must be returned to us within 14 days of delivery (30 days on T-Mobile Business Tariff). For handset only phones the phone must be returned to us within 7 working days of delivery. You must follow the Returns Procedures supplied with the phone. If there is an associated airtime agreement, you will remain liable to pay for any calls and line rental until the phone and all other goods we supplied to you are received back by us in new condition in accordance with this policy. The phone and other goods must be returned in their original packaging. If we do not receive the phone and other goods back by the required date or it is not in new condition or we do not receive all the accessories that we sent to you, then any associated airtime agreement will not be cancelled and you will remain liable under it. You are responsible for the phone and other goods until they are received by us. Unless we have provided you with a prepaid envelope, you are responsible for the cost of returning the phone to us but where the phone was supplied with an associated airtime agreement, we do reimburse this cost if the phones and goods are returned to us in accordance with our procedures by special delivery. Such reimbursement is made by BACS into your bank account. Where you are returning a handset only phone, you will be responsible for the costs of returning the phone to us.

Any free airtime or other services will be pro-rated over the period before the associated airtime agreement ends. (For example, if your offer contains 100 free minutes per month and you return the phone one quarter of the way through the month, you would only be entitled to 25 free minutes. If you used more than this you will be charged for the excess.)

Refunds (where applicable) will be credited to the card used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.

Unless you have cancelled the contract in accordance with paragraph 10, even if you do not use the phone, the airtime agreement will be deemed to be have commenced on the date of delivery.

8. Liability
Nothing in these Terms limits our liability to you in the event of death or personal injury from our negligence.

We will not be liable under our agreement with you for any loss or damage caused by us or our employees or agents in circumstances where i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach at the time we enter into our contract with you; iii) any increase in loss or damage results from breach by you of any of these Terms.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time we enter into our contract with you (such as loss of profits or loss of opportunity).

As a consumer, you have certain rights by law regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These Terms do not affect those rights.

You should be aware that because your phone works like a radio, the signal may vary from time to time, for example, if you go through a tunnel.

We will not be liable in any way for technical or other problems that you may experience when using our website and we are not responsible for any loss or damage of any kind caused to your computer equipment from using our website.

9. General
All offers are valid only for the periods stated in the relevant advertisement or on the relevant web page.

If any provision of these Terms is unenforceable this will not stop the rest of these Terms from being enforceable.

Even if we do not exercise any of our rights on a particular occasion, that will not prevent us exercising those rights in the future.

These Terms are governed by and construed in accordance with the laws of England and Wales. Each of us submits to the non-exclusive jurisdiction of the English Courts.
10. Cancellation under Distance Selling Regulations
If you are a consumer, in addition to the benefit of our returns policy you also have certain cancellation rights under Distance Selling laws and paragraph 10 applies.

Should you wish to cancel your contract then you may do so by sending us written notice before we have accepted or despatched your order or by sending us written notice no later than 7 working days after receiving the phone.

However, where there is an associated airtime agreement (i.e. it is not a handset only phone) you will not be able to cancel your agreement once you have started to use the phone.

If you cancel your agreement before you have received the goods but we have already processed the goods for delivery you must not unpack the goods when they are received by you.

If you cancel your agreement after receipt of the goods, once you have cancelled you must not use the goods and you must keep them in their original packaging.

You must take reasonable care of the goods.

If you cancel, you must return the goods to us at your own risk. You should follow the Returns Procedure enclosed with your phone.

Once you have notified us of your cancellation then any sums paid by you will be reimbursed within 30 days (other than our costs if we have to recover the goods from you). If you cancel under this paragraph and have not returned the goods to us within 14 days of cancellation or when requested, you must make the goods available for collection by us at your cost. We can recover the costs of recovering the goods from you if you do not return them to us.

11. Provisions applicable to the use of our website
The contents of our website are directed solely at those who access this site from the United Kingdom. Any products for sale on this site may only be purchased and delivered to persons within the United Kingdom. If you choose to access the website from outside the United Kingdom it is your responsibility to check that you comply with any relevant laws. We may decline access to our website to any person.

We may revise the provisions applicable to the use of our website at any time by updating this posting. You should check our website from time to time to review the then current provisions, because they are binding on you.

We are the owner of the Dial-a-Phone trade mark and branding. All other trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

Limited License: You are permitted to print and download extracts from our website on the following basis:
(i) no documents or related graphics on this website are modified in any way; (ii) no graphics on our website are used separately from accompanying text; and (iii) our copyright notice and this permission notice appear in all copies; (iv) you only do so for your own personal use and in connection with your use of the website as part of an ordinary relationship with us. Unless otherwise stated, the copyright and other intellectual property rights in all material on our website (including without limitation photographs and graphical images) are owned by us or our licensors. Any use of extracts from our website other than in accordance with the limited license above for any purpose is prohibited. If you breach any of the terms in this paragraph 11, your permission to use our website automatically terminates and you must immediately destroy any downloaded or printed extracts from our website.

Other than by way of the limited license above, no part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these Terms are reserved.

Hyperlinks to other websites are provided for interest only. We have no control over these sites so we make no representations about them or their content.

You may not link our website to any other website without our prior written consent. If we give any such consent we can revoke it at any time.

We provide our website on an 'as is' basis and make no representations or warranties of any kind with respect to our site, its contents or its accessibility and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. For example, specifications of phones are obtained from the phone manufacturer. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

We will not be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the above, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

12. Definitions
In these Terms:

"handset only phone" means a phone that is supplied without a subscriber identification module (sim card) and is referred to on the website as handset only.

"you" and "your" means the person, firm or company who enters into a contract with us, or in the case of paragraph 11, the person firm or company who accesses our website.

"us", "our" and "we" means Dial-a-Phone Ltd, a limited company registered in England. Our company registration number is 3080385. You can write to us at Studio 330, Highgate Studios, 53-79 Highgate Road, London NW5 1TL.
Dial-a-Phone Limited is authorised and regulated by the Financial Services Authority.

Dial-a-Phone Limited 2003 -2005. All Rights Reserved. The contents of this these Terms and our website are protected by copyright.

E-mail info@deal-mobile-phones.co.uk