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Refund policy

REFUND POLICY

1.1. In certain situations, we may be prepared to give you a refund in respect of Equipment with which you are not satisfied. For details on our Returns and Exchange Policy please call our Customer Services team on 0808 161 0000.
1.2. We reserve the right to amend our Returns and Exchange Policy from time to time at our sole discretion.

WARRANTIES AND REPLACEMENTS
2.1. Subject to the clauses set out below, the Equipment, where new, is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Equipment.
2.2. No liability is accepted for:
2.2.1. any defect resulting from fair wear and tear;
2.2.2. rain, water or other liquid damage;
2.2.3. accidental or wilful damage;
2.2.4. negligence;
2.2.5. abnormal working conditions;
2.2.6. failure to follow the manufacturer's instructions (whether oral or in writing); or
2.2.7. misuse or alteration or repair of the Equipment without the manufacturer's approval.
2.3. There shall be no liability under any such warranty or guarantee if the total price for the Equipment has not been paid by the due date for payment.
2.4. Other than as expressly provided in these Terms & Conditions, and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Equipment, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
2.5. Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999) your statutory rights are not affected by these Terms & Conditions.
2.6. Subject to Clause 5.8, if a valid warranty claim is made within the warranty period, we will replace or repair (at our discretion) the Equipment free of charge. After the expiry of the warranty period, we may make a charge for either of these remedies. For further details on our Returns and Exchange Policy please call our Customer Services team on 0808 161 0000. For further details on our Repairs policy please call our Customer Services team on 0808 161 0000.
2.7. If you have a valid insurance package supplied by us and your Mobile Phone (not Smart Phone) is being repaired by us, we will (where practicable and subject to availability) lend you a mobile phone with the same mobile phone number until your Mobile Phone is returned. Alternatively, if you do not, then (where practicable and subject to availability) upon the payment of a deposit, we shall lend you a mobile phone. The deposit will be returned to you if the phone is brought back in the same condition as it was given to you. The deposit required will be in accordance with our published rates for this service from time to time.
2.8. We shall (at our or the manufacturer's option) have the right to fulfill our obligations under Clause 5.6 by refunding you the price you paid (or a proportionate part thereof, depending upon age and condition). That will be the extent of our liability to you.
2.9. Other than as set out above, we shall be under no other obligation to exchange, repair or replace the Equipment or provide any refunds. You accept that you are solely responsible for backing up any important data stored on the equipment prior to the commencement of any repairs and you hereby acknowledge that any such data (together with any ringtone or logo) may be lost during the repair and will be lost if the Equipment is exchanged. We are not liable for this and it is therefore your responsibility to back up any such data stored on your Equipment.
2.10. We recommend that you insure your Mobile Phone/Smart Phone for its replacement value (including cover against calls made if it is lost or stolen).
2.11. You must not use or operate a GSM Gateway.
2.12. The provisions of this Clause 5 do not affect your statutory rights.

3. EXCHANGE
For details on our Returns and Exchange policy please call our Customer Services team on 0808 161 0000.

4. CANCELLATION

4.1. Subject to clauses 3.2 and 3.3, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel this Agreement at any time up to 7 working days from the day after the later of entering this Agreement, receiving this Agreement or receiving the Equipment ("Trial Period") provided you give us notice in writing of such cancellation within the Trial Period. Please call our Customer Services team on 0808 161 0000 and we will explain how to do this. You will be required to enclose your Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation, with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the registered address at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged, we may charge you the costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price or the handset-only retail price in the case of the Mobile Phone/Smart Phone). You must make the Equipment available for collection on our request. Any sums paid by you in respect of the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days. Please note that even though you may be able to cancel this Agreement pursuant to this Clause, you may not be permitted to cancel your Airtime Contract under the terms thereof. Please refer to the terms of your Airtime Contract for further information. This Clause 11.4 does not apply to a customer who purchases the Equipment for business purposes. This clause 11.4 does not affect your statutory rights.
4.2. If you had requested to keep your existing mobile number and you then cancel your agreement with us, you must contact your previous airtime provider before you cancel your agreement with us and request a new Port Authority Code if you wish to keep this mobile number. If you do not contact them or if you do not have another active SIM card to transfer this mobile number to, you may lose your mobile number forever.
4.3. You agree that your SIM Card will be connected to the Network or your Handset Upgrade will be effected and the Services will start prior to the end of the Trial Period. You must take reasonable care of the Equipment until received or collected by us and you are entitled to examine the Equipment as you would in a shop. However, if you use the Equipment during the Trial Period, you may lose your right to cancel. Use would include, but would not be limited to using the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Equipment for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. If you use your Equipment whether before or after notifying us of your wish to cancel, you will be responsible for all charges incurred under the Airtime Contract and these may not be refunded. We reserve the right to charge you the value of any Equipment that has been used prior to receipt or collection by us.

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