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Terms & Conditions

Terms and Conditions of Supply

BACKGROUND:

This agreement applies as between you, the User of this Website or Purchaser and Pelefon Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser's order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been accepted and Goods dispatched or the provision of Services commenced under agreed terms.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Account

collectively the personal information, Payment Information and credentials used by Users to access Content, purchase Goods or Services and/or use any communications System on the Website;

Carrier

any third party responsible for transporting purchased Goods from our Premises to customers;

Content

any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Pelefon

Pelefon Limited is a company registered in England whose registered office is 23 Ashley Road, Altrincham, Cheshire. WA14 2DP

Goods

any products that Pelefon  advertises and/or makes available for sale through this Website;

Payment Information

any details required for the purchase of Goods or Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

Purchaser

any person or business that buys Goods or Services from Pelefon from this Website;

Purchase Information

collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

Premises

our place of business located at Pelefon Limited, 23 Ashley Road, Altrincham, Cheshire. WA14 2DP

 

Service

collectively any online facilities, tools, services or information that PELEFON makes available through the Website either now or in the future;

Services

the services available to you through this Website including but not limited to:

  1. Mobile phone accessories;
  2. Mobile phones
  3. Mobile Devices such as Tablets
  4. Games Consols
  5. Consol Games
  6. Refurbished and new equipment

System

any online communications infrastructure that PELEFON makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User(s)

any third party that accesses the Website and is not employed by PELEFON and acting in the course of their employment; and

Website

the website that you are currently using (www.pelefon.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Business Customers

These Terms and Conditions apply to business customers only.

3. International Customers

If Goods are being ordered from outside PELEFON's country of residence, import duties and taxes may be incurred once the Goods reach their destination. PELEFON is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and PELEFON gives no guarantee that the packaging of the Goods will be free of signs of tampering.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these terms and conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of PELEFON, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such
material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by PELEFON.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of PELEFON or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.pelefon.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of PELEFON. To find out more please contact us by email at info@pelefon.co.uk.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

  1. obscene or vulgar language must not be used;
  2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  3. Content that is intended to promote or incite violence must not be submitted;
  4. it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
  5. the means by which Users identify themselves must not violate these terms and conditions or any applicable laws;
  6. Users must not impersonate other people, particularly employees and representatives of PELEFON or our affiliates; and
  7. our System must not be used for unauthorised mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that PELEFON reserves the right to monitor any and all communications made to us or using our System.

9.3 You acknowledge that PELEFON may retain copies of any and all communications made to us or using our System.

9.4 You acknowledge that any information you send to us through our System or post on any communication facilities PELEFON from time to time make available may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to purchase Goods or procure Services on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User's use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:

  1. all information you submit is accurate and truthful;
  2. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
  3. you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. PELEFON accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact PELEFON immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, PELEFON accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

10.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

11.1 Either PELEFON or a User may terminate an Account. If PELEFON terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2 PELEFON reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

11.3 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.

12. Payment

12.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and PELEFON.

12.2 Interest will be charged on a daily basis, commercial interest at 5% above the base rate of the Bank of England obtaining at the time.

13. Pricing and Availability

13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods and Services available from PELEFON correspond to the actual Goods and Services, PELEFON is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods and Services, not different Goods and Services altogether.

13.2 Where appropriate, you may be required to select the required size, model, colour, or number of the Goods that you are purchasing and/or the package of Services you require.

13.3 PELEFON does not represent or warrant that such Goods or Services will be available. Availability indications are not provided on the Website.

13.4 All pricing information on the Website is correct at the time of going online. PELEFON reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

13.5 In the event that prices are changed during the period between an order being placed for Goods or Services and PELEFON processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

13.6 All prices on the Website do not include VAT unless expressly stated.

14. Purchasing PELEFON Goods

14.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by PELEFON. Title remains with PELEFON until payment is complete.

14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from PELEFON or forming a component part of a larger product, and any amount of the purchase price payable to PELEFON remains outstanding, the Purchaser must account to PELEFON for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for PELEFON until payment has been received in full by PELEFON.

14.3 PELEFON reserves the right to trace all proceeds under the principles of Re Hallett's Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, PELEFON has the right to enter the Purchaser's premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of PELEFON.

14.4 PELEFON will notify you by way of email when your Goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.5 If PELEFON receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15. Returning Goods

PELEFON aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these terms and conditions.

15.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange collection and return. PELEFON is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact PELEFON within 28 working days to arrange collection and return. PELEFON is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

15.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.

15.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to PELEFON within 10 working days and arrange collection and return. PELEFON is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

15.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to PELEFON within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of PELEFON. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.

15.6 If the Purchaser wishes to return Goods to PELEFON for any of the above reasons, please contact us to make the appropriate arrangements.

15.7 PELEFON reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

  1. any use or enjoyment that you may have already had out of the Goods;
  2. any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
  3. the fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
  4. any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

16. Purchasing PELEFON Services

16.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the terms & conditions pertaining directly to those Services.

16.2 PELEFON shall use its best endeavours to provide the Services with reasonable skill and care.

16.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services as provided by PELEFON.

16.4 You shall use all reasonable endeavours to provide all pertinent information to the PELEFON that is necessary for PELEFON's provision of the Services.

16.5 In the event that PELEFON requires the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.

16.6 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be your responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).

16.7 If the nature of the Services requires that PELEFON has access to any location, access to which is lawfully controlled by you, you shall ensure that PELEFON has access to the same at the times to be agreed between the you and PELEFON as required.

16.8 Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of clause 16 shall not be the responsibility or fault of the PELEFON.

16.9 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. PELEFON will ensure that any necessary corrections to the Services provided are made within 7 working days.

16.10 PELEFON reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

  1. any use or enjoyment that you may have already derived from the Services;
  2. any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of PELEFON.

Such discretion to be exercised only within the confines of the law.

17. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

18. Disclaimers

18.1 PELEFON makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Goods or Services.

18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

18.4 Whilst PELEFON uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

19. Changes to the Service and these Terms and Conditions

PELEFON reserves the right to change the Website, its Content or these terms and conditions at any time. Users and Purchasers will be bound by any changes to the terms and conditions from the first time the Website is used by them following the changes. If PELEFON is required to make any changes to terms and conditions relating to sale of Goods or Services by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

20. Availability of the Website

20.1 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

20.2 PELEFON accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21. Limitation of Liability

21.1 To the maximum extent permitted by law, PELEFON accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

21.2 Without prejudice to clause 22.3 PELEFON's total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the amount paid by you for the the Goods and/or Services provided.

21.3 Nothing in these terms and conditions excludes or restricts PELEFON's liability for death or personal injury resulting from any negligence or fraud on the part of PELEFON.

21.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

22. Disclaimer

22.1 PELEFON are retailers of safety equipment and nothing on this Website should be taken as advice on the suitability of particular Goods for particular circumstances. Advice on what Goods are appropriate for particular circumstances should always be obtained from a suitably qualified professional, You hereby agree that any advice given by PELEFON will not be relied upon without verification from a suitably qualified professional. PELEFON accepts no responsibility whatsoever for any damage caused by your reliance on any such advice.

22.2 Every effort is made to ensure that our Goods conform to current legislation or standards. These may however change and it is your responsibility to ensure that Goods purchased are used in appropriate situations. PELEFON Goods are sold with the understanding that you will test that the Goods in question are suitable for the purpose it has been bought for.

23. No Waiver

In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24. Previous Terms and Conditions

In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.

25. Third Party Rights

Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and PELEFON.

26. Notices

26.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@pelefon.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

26.2 PELEFON may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact us.

27. Law and Jurisdiction

These terms and conditions and the relationship between you and PELEFON shall be governed by and construed in accordance with the Law of England and Wales and PELEFON and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.