PhonesOnline.ie Customer Terms and Conditions
Please read these Terms carefully as they affect the Customer's rights and liabilities under law. If You do not agree to these Terms, You must not access or use the Website. If You have any queries regarding these Terms then please contacts us at [email protected]
A. USE OF THE WEBSITE
By using the Website Customer agrees to be bound by these Terms.
PhonesOnline reserves the right to:
- Update or replace these Terms from time to time. Changes will be notified to Customer via the Website. It is the Customer's responsibility to check regularly for such changes. If You do not wish to accept the revised Terms You must not continue to use the Website. If You continue to use the Website after the date on which the change comes into effect, Your use of the Website constitutes Your agreement to be bound by the new or revised Terms; and
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to You and You confirm that we shall not be liable to You for any such modification or withdrawal.
You warrant that:
- The personal information which You are required to provide when You register is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at: E-mail address: [email protected]; and
- You are at least 18 years of age.
We will treat all Your personal information:
- As confidential and will only disclose the same in the circumstances set out below; and
- in accordance with Data Protection legislation from time to time in force in Ireland.
When You shop on this Website, we will ask You to input personal details in order for us to identify You. Such personal details may comprise but shall not necessarily be limited to; Your name, e-mail address, billing address, delivery address, credit card or other payment information. We will use Your personal information for the following purposes:
- Processing Your orders;
- to administer this Website;
- for statistical purposes to improve this Website and its services;
- subject to not having received notice from You requesting the withholding of such to notify You of products or special offers that may be of interest to You;
If You have not objected during the registration process, but do not want us to:
- Contact You regarding products or services which may be of interest to You; or
- to transfer Your data to group companies and third parties so that they can contact You about their products and services; then please contact us and notify us accordingly.
- You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide Your personal information, we are entitled to do so.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
- Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
- any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold PhonesOnline and Phone Solutions, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by You, or any other liabilities arising out of Your use of this Website or any other person accessing the Website using Your personal information.
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For Your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
B. PURCHASE OF PRODUCTS
All orders are subject to acceptance by PhonesOnline or Phone Solutions and availability. If the goods ordered are not available, You will be notified by e-mail (or by other means) and You will have the option either to wait until the item is available from stock or to cancel Your order. If orders are cancelled after dispatch, we reserve the right to charge a re-stocking fee.
Any orders placed by You will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. 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. The conclusion of a contract between You and us will take place when we (i) debit Your credit or debit card or (ii) dispatch the goods to You or commence the services, whichever is the earlier.
We will take 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 cannot be liable for any loss You may suffer if a third party procures unauthorised access to any data provided by You when accessing or ordering from the Website.
Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that You read such additional terms.
Some goods may be licensed to the Customer and You hereby agree in respect of licensed goods:
- to comply with all licence terms of the owner and/or PhonesOnline that are notified to you from time to time; and
- not to do any act or fail to do any act that has the possible effect of compromising the owners rights in licensed goods; and
- not to sub-license or transfer to any third party any licence granted to You.
10.0 Ordering Goods and Cancellations
10.1 All orders placed through our website or by phone will be subject to our acceptance of the order. We reserve the right to decline any order for any reason.
10.2 When you submit an order to us on our website, you will receive an email to confirm that we are have received your order. You should check this email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we dispatch the goods to you. Title to the goods will pass to you on delivery.
10.3 Where you have redeemed a promotional code or any other offer ("a Code") against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. In the event that the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive.
10.4 You have the right to cancel an order within 7 days after the day the goods were delivered unless we have previously stipulated to you via email that we are buying the goods in exclusively for you and that you have acknowledged by email that you accept your order is non cancellable.
10.5 If you wish to cancel your order you must notify PhonesOnline.ie via email within the stated 7 day period., Cancellations after 7 days will not be accepted. Upon notifying PhonesOnline.ie of your cancellation PhonesOnline.ie will issue you with a unique RMA number. You must return the goods to PhonesOnline.ie in the same condition and completeness as PhonesOnline.ie delivered them to you. Please note this includes: packaging, manuals, cables, software and any other material that was part of the item purchased. If you do not return the goods in the same condition and completeness, PhonesOnline.ie at its sole discretion can either reject the cancellation or levy a charge against you to make good any damage or missing items. Please note that software of any description is subject to separate terms and conditions and if you open, use or register the software that comes with your goods and then cancel your order you will be liable a for a charge up to 25% of the cost of the goods.
10.6 The goods remain your property and responsibility until such time as PhonesOnline.ie signs acceptance of the return delivery of the goods. We strongly advise you to use a secure signed for service, for example An Post Registered Post. The cost of returning the goods is your responsibility. Should you wish to return any goods, please go to the Returns section for further information.
Where You have purchased the goods or services as a consumer (i.e. for private use as opposed to business use) please note that You are entitled to cancel any order placed within 14 days of receipt of the placement of such order.
Once received by the Customer You have a period of 24 hours in which to confirm that the goods and/or services are in accordance with their published specification. If you have not notified us in writing to [email protected] within this 24 hour period that the goods and or services are not in accordance with their specification they will be deemed to have been accepted by You. All returns must be made within 14 days of receipt.
For any goods and/or services which are stated in their specification to have a warranty period You may notify PhonesOnline or Phone Solutions in writing of any request for warranty service in accordance with the instructions detailed below.
If You do cancel an order pursuant to this clause 10, or reject goods and/or services or require warranty service then:
- You must notify PhonesOnline in writing detailing Your request by sending an e-mail to [email protected]
In all such events we will notify You either in writing or by email with Our instructions. Until You have complied with our instructions You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered to You.
- We will notify You of the means by which the goods and/or services are to be returned to PhonesOnline or the manufacturer thereof. You will be responsible for the cost of returning the goods or services, and PhonesOnline may deduct this from any sum owed to You. We recommend using a postal service that provides proof of delivery and has compensation insurance for lost or damaged goods as returns are NOT our responsibility until they arrive back to us.
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details e.g. you no longer have that account. Refunds can take up to 30 days to process. Refunds by credit card are made to the same credit card that was used for the original purchase.
Any return that is not accompanied with the returns form or returns reference number will be held by PhonesOnline for 30 days, awaiting the return of the completed form. Items that have not been reclaimed by you within this period will be disposed of after this time and will result in the return being completed without action.
If any returned goods are found not to be faulty, we reserve the right to charge a restocking fee, at our discretion, or to return the goods to you and refuse a refund. If items are returned unused, we reserve the right to charge a re-stocking fee to cover our order processing, delivery and administration costs.
If orders are cancelled prior to or after despatch, we reserve the right to charge a re-stocking fee to cover our order processing and administration costs.
10.7 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 days from the day after you receive your goods.
10.8 As stated above, notification of cancellation must be in writing, a telephone call is not a valid means of cancellation.
10.9 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
10.10 Goods that are sealed or shrink-wrapped and this is removed can only be returned if the goods are defective as diagnosed by the manufacturer or a manufacturers appointed agent or repair centre.
11. Price and Payment
All prices listed on the website include VAT and any other local taxes that may apply unless stated otherwise.
Payment can be made by any major Credit Card or Laser debit card, PayPal, Postal Order, Bank Transfer, Bank Draft or Cheque. Payment will be debited and cleared from Your account before the despatch of Your goods or provision of the service to You.
You confirm that the credit or debit card that is being used is Yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to You for any delay or non-delivery.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under Irish law You must:
- If an individual, be 18 years of age or over; and
- register Your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services You represent to us that You are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, Your debit or credit card numbers 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.
13. Security Check
In an effort to reduce fraud on our website, all orders placed on the Phonesonline.ie website are screened for security purposes. For us to proceed with your order you may be required to send us additional information and, or documentation.
When this is required, Phonesonline will contact you either by phone, or by email, outlining what needs to be sent. This can be sent to us either by post or email, with either jpeg, pdf or gif attachments.
These measures are intended for our customer's protection, due to the large amount of credit card fraud on the internet, and to allow us to quickly reimburse anyone who has been a victim of a fraudulent transaction.
This security process may cause a delay in delivery schedules. Phonesonline reserves the right not to process any order at its discretion. We will not be held responsible for delays in delivey due to non-compliance by you with any such requests.
15. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and You acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
16. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- will affect or limit Your rights as a consumer under Irish law; or
- will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by You. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems You may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of the Website with any of Your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Website
- unsuitability, unreliability or inaccuracy of the Website
- inadequacy of the Website to meet Your requirements
To the full extent allowed by applicable law, You agree that PhonesOnline will not be liable to You or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. Law and Jurisdiction
The Website is controlled and operated in the Republic of Ireland. The Terms will be governed by the laws of Ireland and You irrevocably agree to submit to the exclusive jurisdiction of the Irish courts.
20.1 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
20.2 All items are subject to stock availability. We aim to arrange shipment of all ‘in stock’ items within 1-2 days of receiving your order, but delivery can take up to 5 working days depending on stock availability and security checks have been confirmed on your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. If a product is out of stock, you may place a Pre-order for the item or leave your email address which allows us to send an email when the item comes back into stock.
20.3 When we deliver your items to you will be asked to sign for the goods to acknowledge that you have received them. We will only deliver to the address specified on the original order. We will not send your order to a P.O. box or 'Parcel Holding' type third party 'mail forwarding' delivery service. We are unable to change the delivery address after the order has been despatched.
20.4 If your goods fail to arrive within 14 days of dispatch, you will have the option of either a full refund or a replacement product as soon as we have completed our investigation as to the cause of the delay with the delivery agent.
20.5 Where an incorrect address or contact details have been given to PhonesOnline.ie with the order we reserve the right to charge for any extra carriage costs incurred.
20.6 Claims for damage in transit, delivery discrepancy etc. should be made within 24 hours of delivery - claims will not be accepted after this time. Please sign the consignment document 'UNCHECKED', as we cannot otherwise accept any claims for damage in transit.
20.7 Whilst the Company will use its best endeavours to deliver the Goods in accordance with the Buyer's requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
21. Colours of Products
We endeavour to provide accurate images of our products, however, if there is a specific colour of particular product required, please contact us before making a purchase for availability of your desired colour.
PRFC (Producer Recycling Fund Contribution) is being introduced under the 2002 EU Directive on Waste Electrical and Electronic Equipment (WEEE) to fund the recycling and safe disposal of old electrical and electronic equipment. In compliance with these regulations we are arranging a Take-Back system for our customers. Please contact [email protected] for further information on how to take part in the scheme.
All our phones are covered by a one year manufacturer's Warranty unless otherwise stated. Some products including 'Grade A' or 'refurbished' phones and accessories, for example, batteries or data cables may be covered by a six month warranty. In the unlikely event that the equipment proves to be defective due to materials or workmanship, it may either be replaced or repaired free of charge by the manufacturer.
To return goods to us, please contact us prior to returning the item to obtain an RMA authorisation. Items should be parcelled securely and include all manuals, accessories and original packaging. Please include a note detailing your original order reference, contact details including a contact phone number and a description of the fault.
Please Note: We are unable to accept returns other than by courier or post. We cannot accept returns by hand from customers. We recommend the item be sent by recorded delivery. We recommend using a postal service that provides proof of delivery and has compensation insurance for lost or damaged goods as returns are NOT our responsibility until they arrive back to us.
25.0 Processing your orders and payment
25.1 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
25.2 All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section.
25.3 Customers using PayPal, please note that any commission charged by PayPal to you in conjunction with placing an order is not refundable.
25.4 Customers using a credit card, your card will not be debited until the day we ship your goods.
26.1 Any faults that occur within the first 7 days after the goods arrive must be reported to PhonesOnline.ie within this time frame to be eligible for refund or replacement. Goods with faults reported outside the first 7 days after the goods arrive should be sent to the manufacturer for repair. Please note that packaging must be in unused and in pristine condition to be eligible for a refund, and all goods will be tested if reported faulty upon their return either by PhonesOnline.ie technical staff or the manufacturer or their authorised repair agent where appropriate.
26.2 If the goods are not faulty you have 14 days from the day after the goods arrive to cancel the order and return the goods for a refund . A refund will be issued within 30 days. For security reasons, returns must be made by either registered post or courier. We are unable to receive returns made directly by hand. We recommend using a postal service that provides proof of delivery and has compensation insurance for lost or damaged goods as returns are not our responsibility until they arrive back to us.
Please note that the items ordered, including all accessories and packaging must be in unused, pristine condition or PhonesOnline.ie will charge the customer a fee to compensate PhonesOnline.ie for the written down value of the products. Return shipping is at the customer’s expense. We are unable to refund the original delivery charges and credit/debit card processing charges on non-faulty goods returned.
26.3 If any goods are returned in an incomplete manner, PhonesOnline.ie at it's discretion can either reject the returned item as incomplete and return the goods at the customers expense, or PhonesOnline.ie can charge the customer a sum equivalent to the replacement cost of the missing item(s) - this can include small items such as memory cards, manuals, cables, batteries, styli, etc. If we cannot replace the missing items (e.g. original packaging, replacement hard copy manuals are very difficult to replace) then PhonesOnline.ie will charge the customer a fee to compensate PhonesOnline.ie for the written down value of the incomplete stock.
26.4 Please note that software of any description is exempt from the Distance Selling Act, so before you open, use or register the software element of your ordered product(s), please check where it is possible to do so, that goods function correctly. Where it is not possible to ascertain the functionality of the goods without loading the software, please check with PhonesOnline.ie to see if the software is available in a downloadable format. If any returned goods are not faulty, and the goods contain software that has been opened, used or registered, a 25% fee will apply to compensate us for the loss of software element of the goods in question.
26.6 Please note that "Refurbished", "Grade A" or "B-Stock" items are not new and are sold on a strict "first-come, first served" basis. Normal distance selling regulations do not apply to these second hand products. You may return them if they are not as described, or if they simply do not work, but you cannot return them if you just don’t like them, so please be sure you want a "B-Stock" item before you order.