Terms & Conditions

Please read our Terms and Conditions of Sale before placing an order. If you wish to keep a copy for your records please print out this screen.

1. Definitions

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

1.2 'Supplier' means ThatZcool Ltd trading as ThatZcool.com whose office is at: 14-16 Stanhope Road, London N12 9DT. Registered in England and Wales No. 05154448. VAT No. 840 0158 67. Tel: 0808 234 6397

1.3 'Goods' means the goods or services supplied by ThatZcool Ltd trading as ThatZcool.com

1.4 'Customer' means the person or company who purchases or agrees to purchase goods or services from ThatZcool Ltd trading as ThatZcool.com

2. General

2.1 These terms and conditions of sale apply to all goods supplied by the Supplier.
2.2 An acknowledgement of your order will be sent to you via phone or e-mail (if provided) when you place your order.
2.4 The Supplier may change these terms and conditions of sale without notice to you in relation to future sales.
2.5 The contract is subject to your right of cancellation (9).
2.6 The Supplier reserves the right the decline any order for any reason.

3. Description of the goods

3.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
3.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible.
3.3 Many of the goods we sell are of a technical nature and unfortunately it is not practical to publish detailed specifications of all the goods and keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving approximate descriptions of the goods.

4. Price of the Goods

4.1 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled and you will be notified by email. If you cancel your order prior to dispatch, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.

4.2 In addition to the price, you may be required to pay;

4.2.1 Delivery charges

4.2.2 Value Added Tax and any other taxes

4.3 Goods marked as 'Free' items under promotional offers will be treated as a component of the primary goods sold.

5. Payment

5.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order.

5.2 Payment shall be due before the delivery date.

5.3 There will be no delivery until cleared funds are received.

6 Risk/Title

6 .1 the goods are at your risk from the time of delivery

6 .2 Ownership of the goods shall not pass from the Supplier to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

6 .2.1 the goods, and

6 .2.2 all other sums which are or which become due to the Supplier from you on any account.

6 .3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

7. Title for Business Customers

7 .1 If you are a business customer until ownership of the goods has passed to you, you must:

7 .1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;

7 .1.2 not destroy, damage, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier; and insure the goods on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier.

7 .1.3 hold the proceeds of the insurance referred to in condition 8.1.2.

7 .1.4 on trust for the Supplier and pay the proceeds of the insurance to the Supplier within 5 working days of receipt of the proceeds.

7 .2 If you are a business customer your right to possession of the goods shall terminate immediately if:

7.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or

7 .2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 8.2.3 you encumber or in any way charge any of the goods.

 

 

8. Warranty

8 1.1 All goods supplied by the Supplier are warranted free from defects for 6 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

8 1.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.

8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the email address or fax number shown below within 48 hours.

8 .4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the email address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

9. Limitation of Liability

9.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.

9.2 The Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Images

10.1 All drawings, illustrations, product images are for illustrative purposes only and do not from part of this agreement.

10.2 Drawings, illustrations, product images or other technical documents issued either before or after the conclusion of the agreement for the use or information of the customer shall not be copied, reproduced or communicated to any third party without the Suppliers prior written consent.

11. Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.

12. Applicable Law

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

13. Direct Debit Guarantee

Each and every Customer of ThatZcool Ltd is covered under the following Guarantee:

You will, of course, be covered by the direct debit guarantee. If there is to be any change to the date, amount or frequency of your direct debit, then Network will always give you 10 working days notice in advance of your account being debited. In the event of error, you are entitled to an immediate refund from your Bank or Building Society. You have the right to cancel your direct debit at any time and this guarantee is offered by all Banks and Building Societies that take part in the direct debit scheme.

14. Our Right of Cancellation

If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.

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.

From 1st December, Three will only accept disconnection requests for unused handsets for customers who purchase a contract connection via a distance sale if returned within 21 days of sale. Disconnected handsets cannot be returned for credit, they must be re-used with a new sim.

Notwithstanding any other provision in the Terms, nothing in these Terms:will affect or limit your rights as a consumer under English 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 to 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 linkstechnical 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 we 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.

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

The Website is controlled and operated in the United Kingdom. The Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.

All goods offered on this website are subject to availability. Should we be unable to fulfil your order due to stock shortages then we shall contact you to advise you of our expected delivery date. All prices quoted include VAT at 17.5%. Payments shall be processed using the credit/debit card entered on the website only. This card must be registered to you at your current address.

All applications are subject to status. The purchase of your mobile phone is subject to a 12,18 or 24 month contract with your chosen network. For the terms and conditions of your relevant network. Your details will be submitted to the network / service provider who will undertake a credit check and verify your relevant proofs. You will be advised should your application be declined or if you are required to pay a deposit. Please ensure that you have recorded all of your details accurately as your order may be delayed if we need to contact you for clarification.

The deal that you have selected is dependent upon your 12,18 or 24 month subscription to your chosen network and tariff. Should you reduce your tariff with the network within the first six months of your contract you will be liable for a £200 charge. This will be charged to your credit/debit card. Changes to your tariff will also result in any cash back offer being withdrawn. In light of the above we would suggest that you refrain from changing your tariff within the first six months of your contract.
Should you disconnect within the term of your contract or fail to settle your account with your chosen network then we reserve the right to charge you the full cost price of your handset plus a £20 administration fee.

Applies to Pay Monthly / Contract Mobile Phone Purchases Only.
The key features of M-2U include protection for your mobile phone* against theft and accidental damage as well as electrical and mechanical breakdown, plus it is absolutely free for the first 3 months.

After the 3 months FREE insurance, you will pay just £4.99 per month.
Click here for Mobile Phone Insurance Terms and Conditions
Click here for M2U Phone Insurance Policy Document

To view these Terms And Conditions you will need to have the Adobe Acrobat Reader installed. This can be accessed from here.

Claims should be posted to:

Jamal house
14 16 Stanhope Road,
 London N12 9DT
0808 234 6397 Fax 0208 181 6446.
Your claim will be processed once the relevant statements have been received. Should you not receive communication from us within 56 days of sending the statements, contact customer services at info@thatzcool.co.uk.

We hope that you will be happy with your purchase, however should you wish to return your phone then you can do so within the first 7 days following receipt of your purchase. You may use your phone within this period but will need to pay for any calls and line rental incurred up to disconnection. Your phone and any accessories will only be accepted back if the package is complete and they are in their original condition. You will need to contact Info@thatzcool.co.uk to arrange your disconnection at which time you will be informed of the returns procedure. Returns will not be authorised if you are outside of the 7 day period.

If your phone develops a fault within 28 days on the Orange & T-Mobile network or within 14-days on Vodafone & O2 network you may return the phone and we will swap the handset for you. To do this you must contact our customer services department either by phone 0808 234 6397 or via e-mail: info@thatzcool.co.uk to advise them of the fault. Once you have done this you must re-package your phone in its original packaging ensuring that the phone is in pristine condition along with the original items as below:

PLEASE RETAIN THE SIM CARD & ANY ACCESSORIES.
Once you have re-packaged the items (taking care to conceal the fact that it is a mobile phone to any would be thieves) you must post them by Royal Mail Special Delivery (you will need to visit your local post office for this service) to the address given to you by Customer Care.
We only allow mobile phones to be returned to us via Royal Mail Special Delivery because you will be covered by comprehensive insurance whilst the phone is in transit.
Please be aware that if you use any other means of transit and the phone is subsequently lost / stolen then you will be liable for a charge of up to £500 to cover the cost of the lost /stolen phone.
Once we have received the faulty phone, we will contact you to arrange delivery of a replacement phone. Please note that your replacement phone will be a like for like handset. In the event of a stock shortage or a discontinued product, we reserve the right to suggest and supply an alternative handset with similar features.
Your mobile phone is covered by a manufacturer’s guarantee. Should you have any problems with your phone after 28 days then please refer to your handbook where you will find the relevant helpline. This warranty will not cover any accidental damage.

The details you provide on this site will be used by your chosen network to make searches about you at credit reference agencies who will supply them with credit information, as well as information from the Electoral Register.
The agencies will record details of the search whether or not this application proceeds. They may use credit-scoring methods to assess this application and to verify your identity. Credit searches and other information which is provided to your chosen network and / or the credit reference agencies, about you and those with whom you are linked financially may be used by the organisation and other companies if credit decisions are made about you, or other members of your household.
The personal details that you have supplied will be passed on to the relevant network and insurance provider. We may use your details within our group of companies to offer you additional, value for money products.

Our Guarantee To You

We make every effort to ensure that the details and offers within this web site are accurate. However, due to the nature of the mobile phone industry we may have to withdraw or change our deals at short notice. You will be informed immediately if your order cannot be fulfilled and we will endeavour to find you a suitable replacement.
Should you require clarification of any of the above details then please contact us on 0808 234 6397 (between the hours of 9.00am – 6.00pm Monday to Friday).


ThatZcool Ltd
14-16 Stanhope Road
London
N12 9DT
August 2004

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