Terms & Conditions
www.digital-phone.co.uk - online purchases only.
Welcome to www.digital-phone.co.uk (“the Website”). This Website is owned and operated by Digital Phone Company Limited (“us”, “we” and “our”) The Digital Phone Company Limited is a company registered in England with number 3302844 whose registered office is at 16 Southgates Road, Great Yarmouth, Norfolk NR30 3LJ. The terms and conditions below govern your use of this Website. Please read these carefully before using this Website. Your use of this Website indicates that you accept these terms. If you do not agree to these terms you must not use this Website.
Copyright and Trademarks
Unless otherwise stated, the copyright, database rights, trademark rights and other intellectual property rights in the contents of this Website (including without limitation all design, text, graphics, audio, video or image files and program code) are owned by us or our licensors. This includes the organisation and layout of this Website together with any underlying software code. (The Company logo & name ‘Digit’ has trademark restrictions applied.) You may print and download extracts from this Website for your own personal use. You may not modify, alter, republish, redistribute, resend, sell or broadcast any material on this Website to any other party or make such material available on-line or make the same available in hard copy or on any other media without our prior written permission. If you breach any of these terms your permission to use this Website automatically terminates and you must immediately destroy any downloads or printed extracts from this Website.
Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You may only use this Website in accordance with these terms and conditions. In particular you agree to use this Website only for lawful and proper purposes and:
(a) Not to post or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive or otherwise unlawful or objectionable;
(b) Not to do, cause or permit anything to be done that may infringe our intellectual property rights or those of third parties;
(c) Not to do, cause or permit anything to be done which infringes the privacy rights of any third party;
(d) Not to do, cause or permit anything to be done that may be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmless data);
(e) Not to make any unauthorised, false or fraudulent booking;
(f) Not to alter or modify any part of this Website.
Links to and from other Websites
We sometimes provide links to other websites (including those of our contractual partners). If you use links to third party websites on this Website you will leave this Website. We do not control and are not responsible for these websites or their content or availability. Accordingly we do not make any representations about them, or any material found there, or any results that may be obtained from using them. Whilst we will do our best to help you in any dispute that arises between you and a third party we cannot be responsible for any loss or damage. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Whilst we endeavour to ensure that the information on this Website is correct and updated, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products, services and prices described in it, at any time without notice. Any reference to any product or service is not a promise that such product or service is available. You should take appropriate steps to verify any information before acting on it. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind as to the operation of our Website, the accuracy of the information or the products or services referred to on it. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website.
We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect or consequential loss or damages, or any loss of income, profits, goodwill, data, contract, use of money, or loss or damage arising from or connected in anyway to business interruption, and whether in tort (including without limitation negligence) contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for:-
(a) death or personal injury caused by our negligence;
(b) fraud; or
(c) any liability which cannot be excluded or limited under applicable law.
Prices and product information
The prices payable for the items that you order are clearly set out on our online store. Every effort is made to ensure that prices shown on the online store site are correct. If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item concerned. In those circumstances, we will notify you of the correct price so you can decide whether or not you wish to order the item at that price.
The stated price of the item may not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed clearly before payment is required. Most of our products however have free delivery. All prices are expressed inclusive of any VAT payable unless otherwise stated.
All free gifts will be supplied after 7 days of connection, subject to your order not being cancelled during this time. The Gift will be despatched to the same address as your mobile phone, no alternative address can be used. Digital Phone Company accepts no liability for gifts which are not delivered on time due to postal strikes, weather, or any other circumstances beyond our control. Any cancellation request will only be valid subject to the free gift being returned with the mobile phone. The handset ordered will be subject to the standard next day delivery.
All cashback amounts include VAT and is part of the contract between yourself and Digital Phone Company. The cashback will be automatically credited to your debit/credit card which you provide us with when you place your order. This payment will be credited to your card on or shortly after 14 days of your order being successful. The handset ordered will be subject to the standard next day delivery.
Only items which are in stock or available for pre-order will be shown on our online store. If for any reason beyond our reasonable control, we are unable to supply a particular item we will not be liable to you except to ensure that you are not charged for that item.
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch the goods to you, at which point a contract will be made between us. At any point up until then you may cancel your order or we may decline to supply the goods to you. By placing an order you are authorising us to accept signature from another person on your behalf if you are not present at the time of delivery. Where items are despatched separately, then our acceptance of the order in respect of each item takes place when that item is despatched, and you will be charged for each item when it is despatched.
We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the goods being dispatched. Where this happens, we will attempt to contact you using your Personal Information and refund your money. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
Delivery will be made to the address specified by you on the completed online order form.
We are able to deliver products to England, Wales, Scotland and Northern Ireland. We do not deliver to outside of the UK. Your order will normally be delivered by InterLink which you will have to sign for. If you are unavailable when they call they will leave a card, and you will need to call them to re-arrange the delivery. On some occasions to speed up the service we may use Royal Mail Special Delivery which again you will have to sign for. Whilst we make every effort to deliver all your goods within 24 hours of the date of your order, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
For Handset orders placed before 4pm we aim to deliver the next day (except for weekends and bank holidays - therefore deliveries sent on a FRiday will be delivered on Monday). Ownership of the item(s) will not pass to you until such time as we have received payment of the purchase price in full. Risk of damage to or loss of the item shall pass to you at the time of delivery of the item(s). We will always attempt to fulfill orders for next day after 2.30pm however we do not guarantee this. Accessory orders will be sent 1st class delivery however we cannot guarantee next day delivery.
Exclusions to this service are in place over the Christmas Holidays as follows:
Orders placed after 4pm on Thursday 20th December through to Wednesday 26th of December 2012 will be fulfilled on Thursday 27th
December 2012 for delivery within 24 hours.
Orders placed on Thursday 27th December up till 4pm will receive next day delivery on Friday 28th December.
Orders placed between Thursday 27th 4pm and Monday 31st December 2pm will be dispatched on Monday 31st December for delivery Wednesday 2nd January.
Orders placed after 2pm on Monday 31st December will be delivered Thursday 3rd January.
You have the right to cancel your order for mobile phone(s) at any time after you place it up to 7 days from receiving delivery of the item subject to it being received back in perfect condition. Any mobile phone purchased should be inspected by you/the recipient and any damage or problem reported with 24 hours. Any damage or markings after such time will not be the responsibility of Digital Phone Company.
Please contact us either in writing to our main office address (at foot of this page) or via telephone during standard office hours to 0845 000 6001. Upon safe return to us of the item(s) in their original condition we will remit a full refund of the price paid back onto the original payment card.
If the item has not been dispatched we will cancel the order and refund payment to your card. If the item has been dispatched you can refuse to sign for the delivery so that the goods are returned to us and we will refund the price paid to your card minus shipping/delivery costs.
Where you cancel an order for Goods, it must be returned to us together with any accessories, leads or other items provided with the Goods. All items, including the packaging, must be undamaged and be in the original packaging. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery where appropriate in respect of the type of Goods that you are returning. It is also your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
You are entitled to examine any Goods that you have ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. Use would include, but would not be limited to using the Goods to make or receiving a call, sending or receiving SMS or MMS, the installation and/or use of any software (including games), connecting to and/or accessing the internet, downloading, or using any of the functions of the Goods for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the goods.
Nothing in these Product Terms shall affect your statutory rights relating to faulty goods or services provided. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizen's Advice Bureau.
Changes to these terms and conditions
We may revise these terms and conditions at anytime by updating this posting. You should check this Website from time to time to review the current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
If any part of these terms and conditions is found to be invalid, unlawful or unenforceable, the offending part shall be amended or extracted from the remaining terms all of which shall remain in full force as permitted by law.
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.
Head Office address
Digital Phone Company Ltd 16 Southgates Road