Terms and Conditions (v4.5)
Definitions

Customer, You - the person who has ordered the mobile phone and whose name appears overleaf
We, Us, Our - Mobiles Direct, Clubmobile, Talkingshop (uk) ltd, it's associated companies and employees, whose registered address appears at the bottom of these Terms and Conditions
Mobile - the mobile handset(s) supplied as detailed on your invoice
Tariff - the monthly charge for the air time option you have selected
SIM - the smart card supplied with your mobile which when used with the mobile allows access to the services.
IMEI - the mobile handset serial number.
Service Provider - The company who offer the air time and bill you for services
Network - The company whose infrastructure provides public mobile telephone services

Terms & Conditions - General
1. All orders are subject to availability and connection to a 12, 18, 24 or 36 -month contract from the chosen Service Provider (unless otherwise advised).

2. All orders are accepted subject to status. Prior to the supply of any order we will contact the service provider to secure acceptance. This process involves both credit scoring and credit referencing. We will advise you if there is any reason why we are not able to fulfil your order, either in writing, by telephone, by e-mail, by SMS and/or a combination of all these methods.

3. All orders are subject to acceptance by us. We reserve the right to reject any order(s) taken for any reason without explanation. As part of the acceptance process we will levy an authorisation fee not exceeding £1.01 on all credit / debit card numbers as given by you as part of order process.

4. You must be over 18 to order any products from us. We only accept orders from you if you are resident in the United Kingdom. Delivery can only be made to addresses in the United Kingdom.

5. We do not accept responsibility for errors. We reserve the right to cancel the contract between us if one or more of the goods you ordered were listed at an incorrect price due to a typographical error or an error in our website. If we do cancel your contract in such circumstances we will notify you by e-mail and re-credit your account and sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer and additional compensation for disappointment suffered.

6. Any security deposit paid via us is forward by us to the service provider / network concerned. Refunds for these deposits must be addressed directly to them.

7. The only proof of the constituent parts of the order is our official VAT invoice, which constitutes the contract of supply between you and us. Any omissions or errors must be notified to us within 14 days of receipt of this invoice, after which time no amendments or alterations will be allowed, without our agreement. It is your responsibility to check this and advise us accordingly.

8. All telephone conversations may be monitored or recorded for training purposes.

9. You acknowledge and agree that the content of the website, and content contained in sponsor advertisements or information presented to you through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell or distribute work based on content found on our websites in whole or in part.

10. We reserve the right to edit user-submitted reviews for profanity and punctuation.

11. This contract is governed by English Law.

Delivery & Acceptance

12. We offer next day delivery wherever possible. You will be advised at the time of ordering when to expect delivery. In certain circumstances it will not be possible to fulfil next day delivery - such as product out of stock, delay in acceptance by the network, delays whilst the handset is in the care of our couriers. If this is the case we will endeavour to contact you on the telephone numbers and/or e-mails that you have provided. We do not accept responsibility for late delivery and will not offer compensation for any consequential loss.

13. If you are transferring your number between networks (Mobile Number Porting) your attention is drawn to the specific terms and conditions provided by the networks involved. We do not offer a number porting service. We advise that you do not carry out a number porting exercise until you are happy and accept your new phone. By initiating a number porting exercise, we will consider that you have accepted the phone and do not intend to return it.
14. We reserve the right to substitute any items listed on the invoice for goods of equivalent fiscal value should we be unable to supply specific items for any reason. In such circumstances we will endeavour to contact you to offer a choice of substitute items.

15. For security reasons we may connect the equipment that has been ordered to your chosen network prior to the equipment being dispatched. This is the date of connection and constitutes the start of your contract. This may be the day prior to the handset being dispatched.

16. You are responsible for the maintenance and insurance of the mobile. If you have opted for insurance your attention is drawn to the terms and conditions of the insurance. You are reminded that you are not insured until we have received a completed direct debit mandate from you and any claims made prior to this are invalid. We accept no responsibility for any loss or damage to handsets and remind you that you are still liable for the monthly charges as levied by the Service Provider despite loss or damage to the mobile.

17. Your mobile is covered by a 7 working day Return Policy. This commences from the date of connection. Providing you do not use the mobile, accessories or use the SIM card (in this or any other mobile) you are free to change your mind at any point during this period and can cancel the agreement. You must call us on the number listed in the welcoming documentation that accompanies the phone delivery (this can also be found on the website) Failure to call us will affect our ability to cancel your contract. Cancellation will only be accepted where we have received back all items, unused, supplied in their original packaging, in the same condition as supplied and within the 7 working day Return period. If all of these conditions are not met we will not be able to cancel your contract and you will remain liable for the mobile phone and contract. We will either return any handset to you or we will charge you the retail price of the phone plus the cost of any accompanying accessories, together with delivery charges, administration charges and any debt collection charges incurred. Our retail price list is available on request.

18. We will check the SIM and the IMEI of returned handsets to ensure that they are the items that we have supplied. If they are not the handset and SIM supplied we will not action a cancellation.

19.1 Should you wish to return your new handset, please call our returns Helpline on 0871 220 4611 and/or service@talkingshopuk.co.uk. Returns may be subject to a Returns Fee of up to £16.80. You may also be responsible for the postage costs of Returning the mobile to us.

19.2. Responding via email does not constitute a cancellation of your contract, you must speak to one of our operators.

20. If we deliver a phone to you and you do not enter into the associated airtime agreement or meet the conditions of return stipulated in this document, we will charge you the retail price of the phone plus the cost of any accompanying accessories, together with delivery charges, administration charges and any debt collection charges incurred. You must pay your airtime agreement by Direct Debit, any cancellation of Direct Debit, within your contract period will result in a £40 penalty being levied by us and removal of any discounted line rental offer from your account. Our retail price list is available on request.

21.1 Where you choose to return the phone under the 7 working day Return Policy, you will remain liable for the line rental charges and any costs from the date of connection until cancellation is effected, we do not accept liability for these charges.

21.2 If there are any parts missing from your order/ handset box when it arrives, or any item is damaged, you must let us know within 24 hours of delivery. Failure to do so could affect your right to return.

22. Where we have supplied you with a free or subsidised mobile please note that it is supplied subject to you abiding by the terms of the Tariff you have with the Service Provider. Title in the Mobile does not pass to you until you pay all of the first three months bills from the Service Provider. In the event that you fail to pay any of the first three months bills from the Service Provider the mobile is to be immediately returned to us at your cost, and we reserve the right to collect the Mobile from you and charge for that effort, or charge you the retail cost of the phone together with delivery charges, administration charges and any debt collection charges incurred. Details of which can be seen on our website or available on request

23. Where you are supplied with a phone, which is or becomes faulty or defective within 28 days of supply, you should contact us. After 28 days, you should contact the network directly who will deal with you pursuant to their phone warranty. Where you are supplied with a phone on any network other than Orange or 3 which is or becomes faulty or defective within 14 days of supply please contact us; after 14 days you should contact the phone manufacturer who will deal with you pursuant to their phone warranty. In all cases you are liable for any transit costs associated with this process and for the line rental whilst the mobile is with them. We cannot accept an unserviceable phone as returned if it is not accompanied by a letter explaining the fault and circumstances by which it became unserviceable. Lack of signal or coverage does not constitute a faulty mobile phone.

24. Any request to terminate the contract after the minimum specified period must be made directly to the service provider. We are not able to action any such notice sent to us on your behalf.

25. We will hold all data gathered in accordance with the Data Protection Act. You may request a copy of the information we hold by sending a cheque for £2 to cover our administration costs to the address shown at the foot of this page. You agree that we can contact you from time to time, either by telephone or in writing for marketing purposes. You can opt out of this at any time by writing to us at the address shown at the foot of this page. By ordering from us you agree to us using your personal details in order to supply the goods to you (which may involve passing them onto relevant third parties such as credit card companies, airtime providers, insurance companies and delivery firms) and in order to send you further information about our products and services. We may share the data amongst our group of companies and our business partners for the purposes of legitimate interests including statistical analysis, marketing of products and services and credit control. We may pass your personal details to other companies whom we think may wish to contact you about other products and services. If you breach this agreement your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

Line Rental Offers and Redemption plus other Deals/Offers/Gifts

26. Your new mobile phone will be supplied on the strict basis that you do not change to a lower rental talk plan within the first 12 months of your contract (see your invoice for the connection date). The network may allow you to alter your talk plan in this time period; however, doing so will lead to a tariff alteration fee of up to £200. You may change freely after this time; as per the terms of your air time agreement.

27. You acknowledge that, unless strictly specified, the phone(s) and talk plan(s) that you order from us are new orders and a new mobile phone number will assigned to the phone(s).

28. None 'reduced line rental' Cashback on phones must be claimed after no earlier than fourteen days and before twenty eight days. Cashback is paid in the form of a BACS transfer to your bank account. For communication purposes, we will require your e-mail address for any associated correspondence. The provision of a working e-mail address is a condition of processing your Line Rental Refunds claim.

29. Half-Price, reduced and free line rental offers are by 'cashback' redemption, whereby a monetary figure payable partly by our company will result in the overall line rental cost over the course of the contract period equalling that of the offered amount.

30. Your cashback is redeemable at 6 points throughout your contract: Cashback on 12 month contracts is redeemable with your 6th, 7th, 9th, 10th 11th and 12th bills. Cashback on 18 month contracts is redeemable with your 6th, 10th, 14th, 16th, 17th and 18th bills. Cashback on 24 month contracts is redeemable with your 6th, 13th, 20th, 22nd, 23rd and 24th. You must provide the relevant bill within 30 days of the bill date. Late submission will invalidate your claim.

31. Payments will only be made via BACS. (Bank transfer direct to your bank account). Payments will normally be within 60 days of the date we validate your claim. For communication purposes, we will require your e-mail address for any associated correspondence. The provision of a working e-mail address is a condition of processing your Line Rental Refunds claim.

32. To validate a claim you must fax the statements to 0871 220 4616. We are unable to accept any evidence of payments sent by e-mail.

33. Due to the level of statements received we cannot confirm receipt. Therefore, we suggest when faxing documents that an electronic record of your transmission is retained by yourself.
34. All bills faxed must have the 'V' number from your invoice clearly written on them. Without this code, we cannot process cashback claims.

35. All claims showing change of ownership will be classed as void.

36. Claims received with insufficient details will result in an increased processing time.

37. On all our offers, you must remain on the selected tariff for a minimum period of 12 months; if you change your tariff before this period then you will invalidate any claim due to you and will incur a penalty charge. You must also pay your airtime agreement by Direct Debit, failure to do so will invalidate your claim.

38. In order to qualify for the reduced line rental promotion you must:
-Provide us with the first page of your bill from your service provider.
-Not exercise your rights under the 7 working day policy.
-Not fall into arrears, have late or outstanding payments on your mobile phone bill.
-Not have your mobile phone line disconnected due to non-payment or arrears.
-Claim within the specified time frames.
-Send in all requested monthly bills within the time period specified
-Keep the phone in the name of the original applicant.
-It is the sole responsibility of the customer to ensure they claim any cashback.

Talkingshop (uk) ltd. Registered number: 5761893. Millennium House, Fox Covert Lane, Misterton, Doncaster, DN10 4ER.