Terms And Conditions
“The Company” means Phone Club,
“The Buyer” means the person, firm or company ordering or buying the Goods from the Company;
“The Goods” means the goods, the subject matter of the relevant order or contract for sale.
“Contract” The contract for the provision of Goods by the Seller to the Buyer in accordance with these conditions.
1. Basis of Sale
1.1) the following conditions apply to all Contracts for the sale of Goods and Services entered into by the Company. By placing a Purchase Order with the Company or by way of a written acceptance of any quotation, the Buyer agrees to deal with the Company on these conditions and to the exclusion of all other Terms and Conditions which the Buyer purports to apply.
1.2) No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyer’s order has been accepted by the Company. The Company may accept the Buyer’s order by formal order acknowledgement.
1.3) The Buyer is responsible for the accuracy of Purchase Orders , the Buyer will be liable for any additional costs incurred to the company for such errors.
1.4) The Buyer can only cancel an order (or any part of an order) which the Company has already accepted, with the Company’s agreement prior to dispatch and the Buyer must request proof from the Company by written confirmation of the cancelation.
1.5) Any typographical, clerical, other error or omission in any sales literature inclusive of quotation, price list, invoice or any other document issued by the Company shall be subject to correction without liability.
2. Price /Quotation
2.1) Quoted prices will include the cost of packaging as discussed or stated at point of sale but will exclude delivery and V.A.T.
2.2) The Company reserves the right to amend its quoted prices at any time prior to the date of dispatch to reflect any additional cost to the Company beyond its control.
3. Delivery, Risk & Performance
3.1) Any dates quoted for the delivery of Goods are approximate only and in which case the Company shall not be liable whatsoever for any delay (whether caused by negligence of any employees, agents or otherwise) in delivery of Goods. Specific timing of delivery should be agreed prior to dispatch in writing between the Company and the Buyer.
3.2) Should delivery be suspended at the request of or delayed through any default of the Buyer for any period of time the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
3.3) The Company may deliver the Goods by separate instalments. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other contract or instalment.
3.4) If for any reason the Buyer fails to accept delivery of any of the Goods when they are delivered on behalf of the Company, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations: additional charges that apply to the Goods shall pass to the Buyer
3.5) Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
3.6) while 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.
3.7) The Customer shall ensure that the Goods are inspected on delivery or collection and if the Goods are damaged or not of the entire quantity then it is the responsibility of the Buyer to notify the company within seven working days of receipt of Goods to log such claims, if claims are made outside of this timeframe then the Company will not be held liable.
4. Credit Account/Payment Information
4.1) you can arrange to open a credit account with us, please ask for a credit application form. Accounts usually take 14 days to set up, but this period can be reduced if this is specifically requested.
4.2) The Company reserves at all times the right to refuse in its absolute discretion to supply Goods on credit or otherwise to the Customer and shall not be required to provide any reason for the refusal to supply such Goods.
4.3) The Company will make a search with a credit reference agency for the purpose of all account application and will keep a record of that search on your customer file.
4.4) our credit terms are 30 days from date of invoice, unless prior agreement (formally in writing) of an alternative arrangement has been made between the Company and the Buyer.
4.5) Accounts with overdue balances will be placed on credit hold. This means that no further Goods will be shipped until the account is brought into order. Repeated failure to keep to our credit terms will result in the permanent loss of a credit facility.
4.6) Payment may also be made by credit card. We accept payment by PayPal, Visa (Barclaycard), MasterCard (Access), Switch & Delta or Debit Cards. Payment by Credit Card may be subject to a 3% – 5% surcharge and will only be available to existing account customers.
4.7) If the Buyer fails to pay the Company any sum due pursuant to the contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 3% above the Bank of England base rate from time to time, accruing on a daily basis until payment is made, whether before or after any judgment.
4.8) The Buyer shall make all payments due under the contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company.
5. Passing of Property
5.1) Notwithstanding the earlier passing of risk, title of the Goods shall remain with the Company and not pass to the Customer (who shall, nevertheless, subject to the conditions stated, be entitled to resell them as principal only, in the ordinary course of business) until the Company has received in cash or cleared funds payment in full of the price of the Goods and of all other debts for any other goods or services owed to it by the Customer on any account until title passes:
5.2:1) the Customer shall hold the Goods for the Company, insure them with a reputable insurer against loss or damage for their full replacement value (and at the Company’s request provide evidence as to the existence of and sufficiency of such insurance), ensure that goods are not defaced, destroyed or obscure any unpaid goods and to maintain them in a satisfactory condition, and ensure that they are at all times clearly identified as the Company’s property
5.2:2) the Company shall be entitled at any time on demand to;
5.2.2:1) repossess, remove from other equipment (without being liable for any damage thereby occasioned) and sell all or any of the Goods and thereby terminate (without any liability to the Customer) the Customer’s right to use or sell them, and
5.2:2:2) enter any premises where the Goods are located for the purpose of inspecting or repossessing them.
5.3) The Company shall, without prejudice to any other remedy, be entitled to maintain an action for the price of the Goods although title in them has not passed to the Customer
5.4) The Company transfers to the customer only such title and rights of use as the Company has in any goods and in the case of material provided by any third party shall transfer only such title and rights as that party had and has transferred to the Company.
Return of Goods
- 6.1) it is the responsibility of the Buyer to ensure that any Goods returned to the Company have been authorized by the Company by prior arrangement. The Company will issue a Returns Authorisation Number in which the Buyer should clearly mark on the packaging prior to return.
6.2) All Goods returned should be fit for sale on their return as they were on their delivery or the Company has the right to reject their return.
6.3) Non defective, undamaged goods will only be accepted back where they have not been supplied to order.
6.4) In respect of any Goods supplied by the Company but manufactured by third parties, the benefit of any warranties or guarantees given to the Company by such manufacturer or suppliers will wherever practicable be passed to the Buyer subject o the conditions upon which they were given.
6.5) all returns are subject to the company’s Returns Policy.
6.6) If your order arrives with defects or is damaged in transit, we will replace it, whenever possible, hassle free no charge or refund your money. If you need to return goods, please contact us within five working days of receipt of your order with details of the complaint. Returns are made at your expense, although we may waive this responsibility in certain circumstances. You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this site or our products or products provided by a third party.
6.7) None of the above terms and conditions affects your statutory consumer rights. Our business is based on providing service with a real standard and we hope you enjoy shopping with us.
7.1) Without prejudice to the generality of any of the foregoing conditions the Company shall not be liable for any loss or damage caused by the non performance or in the delay of its performance of any of its obligations hereunder if the same is occasioned by any cause whatsoever which is beyond the Companies control, including but not limited to acts of God, war, civil disturbance, requisitioning, import or export regulations, strike, lock out or trade dispute, difficulties in obtaining materials, breakdown of machinery, fire or accident should any such event occur the Company may cancel or suspend the contract without incurring any liability for any loss or damage thereby occasioned.
8. Alterations and Modifications
8.1) The Company may carry out from time to time and without notice to the Buyer alterations or improvements in construction or design, specification, materials or manner of manufacture of the Goods.
8.2) Product and Packaging images are for illustrative purposes only and may differ from the actual item. Due to differences in monitors, colours of products may also appear different to those shown on the website. The images on Phoneclub.shop are copyright protected, but may be used on authorization.
8.3) these terms and conditions are subject to change at any time without prior notification to the customer, however updates will be provided by the Company on request from the Buyer.
9. Data protection
9.1) The Company monitors the use of its telephone system and may record telephone conversations.
9.2) CCTV operates within the Company’s premises for the purpose of crime prevention and detection and the apprehension and prosecution of offenders.
9.3) The Company is committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act.
9.4) The Contract shall be governed by English law and the parties consent to the jurisdiction of the English courts in all matters connected with the Contract.
9.5) The headings of conditions are for convenience of reference only and shall not affect their interpretation.