In these terms of sale, “we” means mobilesandphones.com (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(2) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: “(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in or check out as guest without the registering process; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order; (iv) you will be transferred to the payment page to make payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”]
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version at the time of placing the order will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by pressing view shopping. You may correct those input errors before placing your order by amending view shopping.
(3) The products
All products offered for sale on mobilesandphones.com
(4) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated [when you pay for the product].
In addition to the price of the products, you [will/may] have to pay a delivery charge, which will be as stated [when you pay for the product].
Payment must be made [upon the submission of your order]. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit or debit card. We accept payment with Mastercard, Visa, UK issued Maestro, non-UK issued Maestro and Solo or any method detailed on the website from time to time. We are unable to accept American Express. No handling or administration fees will be charged.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
[If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within  days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £10 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).]
[Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.]
[For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.]
Your gift card code can be applied in 'Checkout' section specifically in the 'Payment Information' box. Only one gift card voucher can be used per order. Gift cards are valid for one year from the date of purchase.
The Discount/Promo code can be entered on the 'View Shopping' page once you have selected all your shopping items. Then click 'Apply Coupon' to update your order.
Only one Discount/Promo code can be used per order. Discount/Promo codes cannot be used for gift cards. As our discount/promo codes vary so do the terms and conditions of each, so make sure you check when you receive any codes. We reserve the right to withdraw or cancel any of our e-vouchers, discount codes or promo codes at any time.
(5) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are resident in United Kingdom; and
(e) you are at least 18 years of age.
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation (1-2 working days for UK deliveries) or, if no date is set out in our order confirmation, within 5 working days of the date of our order confirmation (10 working days for International deliveries). However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
All products are delivered free of charge, as long as total order value is £25 or more. (No deliveries are made on Sunday and orders placed on Sunday will be processed on Monday for delivery on Tuesday). A charge of £4.99 will be applied to any order with a total order value below £25.
Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order.
We can delivery to any country within the EU, specifically Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. We regret we do not currently deliver to other destinations.
All products are delivered free of charge, as long as total order value is £25 or more. A charge of £4.99 will be applied to any order with a total order value below £25. Some remote destinations may incur a surcharge of £12.00, you will be notified if this is the case when you place your order.
Additional taxes, fees or levies may apply according to local legislation. Recipients of deliveries made outside the UK may have to pay import duty or formal customs entry fees. Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot predict what they may be as customs policies and import duties vary from country to country. You may want to contact your local customs office for further information.
Delivery may be delayed by local customs. Unfortunately this is out of our control.
Once your parcel has arrived in your country, it will be passed on to an internal courier or postal service for delivery.
Whilst we make every effort to deliver goods on the day we specify (if we have specified a day), we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
For UK and International deliveries
Deliveries cannot be split and will be to one address only.
Deliveries are made by our designated couriers or postal service. We are unable to provide specific delivery times. You must ensure that a responsible person is available to accept delivery as the courier may require a signature for some deliveries. Products cannot be left with any third parties and you will be responsible for any additional delivery charges incurred for failed deliveries. If no-one is available to sign for the delivery, a note will be left indicating how delivery can be re-arranged or where the goods can be picked up at your local courier/sorting office. If for any reason you fail to accept delivery of any product when they are ready for delivery, or we are unable to deliver the product on time because you have not provided the correct delivery address or appropriate instructions or no-one was there to accept the delivery:
(a) risk in the products shall pass to you;
(b) the products shall be deemed to have been delivered; and
(c) we may store the product until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance)
(7) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(8) “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within the period commencing when the contract comes into force and ending 14 days after the day you received the relevant product or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
[You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.]
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Sale of Goods Act 1979
If any product we supply fails prematurely due to an inherent fault (manufacturing defect), we will provide you with an appropriate remedy e.g. a repair, replacement, or refund.
(9) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Our 30 Day Assured Guarantee
We will replace or refund most goods provided they are returned to us within 30 days of receipt complete, unused, in their original packaging and with any security tags intact. Our Assured Guarantee does not apply to some goods or may apply only if certain conditions are met. These goods are identified on the product page and any such conditions are set out there. Returns are free under our Assured Guarantee. If you return goods outside the scope of the Assured Guarantee and you have not exercised your legal right to cancel (explained in section 8) we reserve the right to return the goods to you at your cost or to accept their return subject to making a deduction for any loss in value of the goods arising from your handling of them and a charge to cover our processing cost.
To return any goods, contact us first and we will give you a returns processing code which must be included with the returned items.
(11) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
[The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.]
[We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.]
[We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.]
(12) General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(13) About us
Our full name is mobilesandphones.com operated by Premier World Brands Ltd.
Our registered office is Gable House, London, N3 3LF.
Our company registration number is 6883467.
Our email address is email@example.com
Our VAT number is 979072278