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.co.uk whose office is at: 14-16 Stanhope Road, London N12 9DT. Registered inEngland 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.co.uk
1.4 'Customer' means the person or company who purchases or agrees to purchase goods or services from ThatZcool Ltd trading asThatZcool.co.uk
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 goodsand keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the solepurpose 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 isfound, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, orcancelling 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 sumthat 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 anythird 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 insatisfactory 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 reasonablesatisfaction 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 thebenefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene ameeting 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 oradministrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to anycourt for your winding up or for the granting of an administration order in respect of you, or any proceedings are commencedrelating 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 areunable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 8.2.3 youencumber 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 alterationor 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 numbershown 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.
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.
Cancellation & Return Policy
In case you choose to cancel your order of a Sim Free phone, you must return the phone and other items (including free gifts/accessories if any) and the invoice/dispatch note within the stipulated time. Any return of handset but failure to return the free gift/accessories in new condition could attract a charge equal to the Manufacturer’s recommended retail price of the free gift/accessory.
If the order is cancelled by you before you receive the goods but after we have processed the goods for delivery you must not unpack the goods when they are received by you. If the order is cancelled after the receipt of the goods, you must not use the goods and must keep them in their original packaging and condition. The goods must be returned by Royal Mail special delivery, where proof of delivery is received, at your own cost and risk. The goods must be sent to us within 7 working days of the receipt of the package by you in case of SIM free Phones and if demanded you will have to provide the proof of delivery. Failure to return the goods within above period is subject to terms of our return policy, mentioned below.
In case of Sim Free phones and accessories, all orders cancelled after 7 days from the date of receipt of package will be subject to an administrative fee of £9.99 in case of goods priced above £50 and £3.99 in case of goods priced at or below £50. The goods shall not be accepted beyond 14 days from the date of receipt.
If you request the collection of the goods by us then we will charge you for the collection. The charges for collection will be £19.99.
You must take reasonable care of the goods. You are responsible for returning the items by Royal Mail Special Delivery, where proof of delivery is received, in a re-saleable condition at your own risk and cost. The goods/ accessories must not have been used, must be complete with all components and the packaging must not be damaged. If these conditions are not met we may not accept the returned goods.
You are required to use delivery method that provides proof of delivery.
We cannot be held responsible for goods/accessories that have been damaged in transit. So it is advisable to take due care in wrapping and sending the package back in original condition.
The price of the goods paid by you will be reimbursed within 30 days of the notification by you regarding cancellation or return of the order after deducting the costs. These costs can include cancellation charges, collections charges (if we collect the package), charges for missing/damaged goods and all other charges which may be applicable. Your refunds will be credited to your bank account via BACS/ Cheque after the receipt and complete inspection of the returned package.
If, after notifying us of your intention to cancel/return your order, you fail to return the Goods or you fail to make them available for collection within the stipulated time then you hereby irrevocably agree to pay thatzcool.co.uk the total cost of the Goods.
Any items missing or damaged will be charged as listed in the table of charges below. These charges will be debited from the credit/debit card details supplied by you at the time of purchase. In case you return the missing items later on these charges will not be refunded.
| Item |
Charge |
| Missing Charger | £20 |
| Missing Battery | £25 |
| Missing Phone Book Manual | £10 |
| Missing CD-ROM | £20 |
| Missing Data Cable | £15 |
| Missing Car Charger | £9 |
| Missing Leather Case | £9 |
| Missing Memory Card | £15 |
| Missing Mobile Phone | RRP + VAT |
Limitation of Liability
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.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Law and Jurisdiction
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.
D. Your Purchase
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.
Our warranty and return policy is not applicable on Apple iPhone
Your Personal Details
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
