Searchmobiles - Terms and Conditions Back > >

Full terms and conditions will be sent out with your order as well as contact numbers for you to call if you have any queries.

All orders have a 14-day money-back guarantee - just send the phone back and all you pay for will be the calls you made whilst you had the phone.

If you change your tariff within 4 months of purchasing your mobile phone, to a lower value tariff, we are charged a penalty fee by the network. We reserve the right to charge you this penalty fee.

To deter fraudulent use, we will make a £5 administration charge for all customers who have already tried to obtain a phone elsewhere within the last 90 days and have been turned down by the network. We will also levy this charge to anyone with a County Court Judgement against them as they will also be turned down by the network.

A Our Rights

1 We reserve the right to: modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

3 We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. In such circumstances, you would have the opportunity to cancel your order and would be entitled to claim a full refund, as well as any relevant consequential losses.

B Purchase of goods/services

1 All orders are subject to acceptance and availability. If the Goods you have ordered is not available from stock you will be contacted by e-mail (if you have given us details) and you will have the option either to wait until the item is available from stock or to cancel your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Should you cancel an order, you would be entitled to claim a full refund.

2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

3 You warrant that the User Information which you are required to provide when you make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.

4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

5 If you are a private consumer, you may cancel any Goods or Service ordered by you at any time within 14 days of receipt of the Goods or Service without incurring any obligation or liability to us.

C Offers to Purchase and Description of Goods/Services

1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.

2 Any order made by you will be treated as an offer to purchase Goods or Services from us. The contract between you and us will only be completed when we despatch the Good to you or commence the provision of the Services, as the case may be, or when we debit your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject any offer to purchase made by you at any time.

3 You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase Goods or Services advertised on the Website.

D Right of Cancellation

1 If you are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), you have the right to cancel any contract completed within 8 days of the receipt by you of the Goods or Services ("Cancellation Period"). Where a contract is cancelled, any related credit agreement is also cancelled.

2 If you do cancel a contract you must notify us in writing, take reasonable care of the Goods or Services until we collect the Goods or Services from you, or you deliver the Goods or Services to us; and ensure that the Goods or Services are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to you.

3 If you do cancel a contract, then we will notify you of when we wish to collect the Goods or Services. We will collect the Goods or Services within 23 days of our receiving notification of cancellation. We have the right to charge you for any direct costs incurred in collecting the Goods or Services and will, at our option, deduct these from any sum owed to you.

4 If you do cancel a contract, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice.

E GENERAL

1 By making an offer to buy any Good or Services, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

2 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. Where the goods received do not correspond to the description applied to them, you can reject the goods within 14 days of receipt and claim a full refund. In addition, you may be able to make a claim for relevant consequential losses.

3 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, reasonable implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any reasonable implied warranty arising from course of dealing or usage or trade.

4 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

5 We disclaim any and all reasonable warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, reasonable implied warranties of satisfactory quality and fitness for a particular purpose.

6 Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.

7 The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all reasonable liability of any kind (including for defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to you.

8 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

9 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any loss which was not brought to the attention of us at the time the contract was made or any reasonable loss that would be a reasonable unforseable consequence of a breach of the contract by us

F Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered. You confirm that you have read these conditions and, you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.