Terms and Conditions (Summary of main ones)

These terms and conditions apply to your use of the Mobile Chooser website and by accessing this website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website. If there is anything you do not understand please feel free to e-mail any enquiry to us at click here

Please note that to deter fraudulent use, we credit check all applications with a credit agency and refer all declined applications to the police, banks and credit card agencies to ensure any stolen cards are stopped.

1. Offers
The offer of a FREE phone is dependent on handset and price plan chosen at the time of purchase and is subject to availability. You must take out a NEW 12 month service agreement which is subject to status. We reserve the right to change the offer at any time.

2. Product Availability
All items displayed on this Website are subject to availability. If any product ordered is out of stock we will notify you within 2 working hours of your order being received. We will advise you of the likely time scale of delay, and keep you fully informed of the estimated delivery date. Please note no payment is taken or processed until the goods are available and ready for despatch and delivery has been agreed with you.
Please Note: On occasion the network (T-Mobile, Orange, O2, Vodafone, 3 or BT Mobile) may make the decision to discontinue a particular handset. In this event we will endeavour to offer you an alternative product. We are however unable to guarantee that the offer will be of the exact same value.

3. Payment - All sales require Credit / Debit Card
We accept payment by Visa, Delta, Mastercard, Switch and Solo. Please note that credit or debit card details will be required with all orders. The card must be in the name and registered at the current address of the person making the order.

4. Privacy Policy
We do not sell or transmit any personal customer information, including e-mail addresses to any third party companies. Our privacy policy excludes any of the UK mobile networks any other service provider or our preferred mobile phone insurer. We do reserve the right to provide information to the relevant authorities in the interest of preventing fraud or crime.

5. Website accuracy
Our Web team work hard to ensure that our Website is always accurate through continual updates. However, due to the rapidly changing nature of the mobile phone industry, we cannot guarantee the accuracy of information supplied, especially with mobile phone handsets specifications, network price plans and special offers, which may change without prior notice to us. E&OE.

6. Product Warranty
All mobile phones and accessories supplied by us are covered by a 12 month manufacturer¹s product warranty. Additional insurance may be available at an extra cost for certain mobile phones.

7. Pricing
Unless indicated otherwise, all prices stated include VAT.

8. Changing Price Plan
The pricing of a phone (and any associated offers inc. cashback/line rental) is dependent on a specific price plan being selected. If you subsequently change this price plan within the periods defined below then the purchase price variance for the phone, based on the price plan you have actually changed to, will be charged to your credit/debit card.
Periods during which "purchase price variance change of price plan charge" will apply:
T-Mobile 11 Months
Vodafone 6 Months
O2 6 Months
Orange 6 Months
3 6 Months
BT Mobile 6 Months
Virgin Mobile Duration of contract
In addition, any cashback/line rental offers will be reclaimed if these are not applicable to the price plan you have changed to. We therefore strongly advise that you do not change your price plan within the specified periods.

9. Mobile Phone 12 month service agreement connections
All "pay monthly" phones purchased via this Website are subject to a 12-months airtime contract. All contract connections are subject to status and acceptance by the relevant network. Applicants must be 18 years or over. Proofs of identification and residence may be required in some cases. By buying a "pay monthly" mobile phone you accept the Terms & Conditions of the relevant network - these conditions are sent out with each phone. They can also be viewed on our Website. The network or service provider will carry out a credit check prior to connection using the information supplied by the applicant. Applicants will be advised of any negative credit assessments and connection refusals. We cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant.

10. Returns
If you wish to return a product please contact our Customer Services Team via the online customer services query form. We would kindly request that you contact our Customer Services Team as soon as any problem becomes apparent.
If you are unhappy with your handset because it appears to be malfunctioning then please contact our Dedicated Technical Support Team. Their number will be given to you on the documentation sent out with the handset.

11. 7-day Peace of Mind Guarantee
We are so confident you will be totally satisfied with your phone package that we provide you with a 7 day Peace of Mind Guarantee.

If you are unhappy with your handset for any reason you may return it to us within 7 days of receipt. To do this you must request a Returns Transaction Reference from our Customer Services Team by contacting us. The number will be given to you on the documentation sent out with the handset.
Once you have been given this reference you must re-package your phone ensuring that the phone is in pristine condition along with all original items. Please ensure that the package is then wrapped in brown paper (to conceal the contents as mobile phones are highly targeted items) and returned by Royal Mail Special Delivery (you will need to visit your local post office for this service) to the address below. Please note that you will bear the cost of returning the items by Special Delivery.
The reason for using Royal Mail's Special Delivery service is that you are protected through their insurance should the phone go missing in the post. Any other method of return does not guarantee this and therefore is not acceptable. Please note: If you have used any other method and the phone is subsequently lost you will be liable for a charge of up to £250.00 to cover the cost of the lost/stolen phone.

Please note: We will make a charge for any items (if supplied) missing from the original box as follows:
Leather case £5.00
In-car charger £5.00
Personal Handsfree £5.00
Phone book manual £15.00
Manufacturer Handsfree £20.00
Battery £20.00
Main Charger £20.00
Data Cable £25.00
CD ROM £25.00
Bluetooth headset £30.00
Please note: You are liable for any calls made whilst the phone was in your possession. You will also be liable for a pro-rata line rental cost for the period of time that the phone was in your possession. The charges will be taken by direct debit directly by the relevant network operator.
Once we have received the item(s) and they are in pristine condition we will then proceed to cancel the account for you. The customer then must return the phone by Special Delivery to: Online Returns, Transaction Ref: xxxxxxxx, Logistics Centre, Bilston Road, Wednesbury, West Midlands, WS10 7JN

12. Our Rights
We reserve the right to change this Website at any time without notice.

Terms & Conditions (Full Detail)

DEFINITIONS

"Conditions" means these terms and conditions and the "Special Conditions"
"Online Sales" means sales of Goods and Services conducted through the Website
"Goods" means goods displayed for sale on the Website
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided
"Services" means services displayed for sale on the Website
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1
"Users" means the users of the Website collectively
"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website
"We/us/our" means Mobile Chooser Ltd.
"Website" means the website located at www.mobilechooser.com, www.mobilechooser.co.uk or any subsequent URL which may replace it; and
"You/your" means a user of the Website.

A. USE OF THE WEBSITE
1. Access

We will provide you with access to the Website and sell you Goods and Services in accordance with these Conditions.

2. Your Obligations
2.1 You

2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;

2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

2.1.6 will not attempt any unauthorised access to any part or component of the Website; and,

2.1.7 agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.

3. Indemnity

You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Internet account.
This does not affect your statutory rights as a consumer.

4. Our Rights
4.1 We reserve the right to:

4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

4.3 We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. In such circumstances, you would have the opportunity to cancel your order and would be entitled to claim a full refund, as well as any relevant consequential losses.

5. Third Party Links

We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.

6. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.

B. PURCHASE OF GOODS/SERVICES
7. Orders

7.1 All orders are subject to acceptance and availability. If the Goods you have ordered is not available from stock you will be contacted by e-mail (if you have given us details) and you will have the option either to wait until the item is available from stock or to cancel your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Should you cancel an order, you would be entitled to claim a full refund.

7.2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

7.3 You warrant that the User Information which you are required to provide when you make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.

7.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

7.5 If you are a private consumer, you may cancel any Goods or Service ordered by you at any time within 14 days of receipt of the Goods or Service without incurring any obligation or liability to us, however, you may not cancel any financial Service ordered from us once we have started to provide it to you. Within 30 days of receipt of a valid notification that you wish to cancel any order, we will refund all monies you have paid to us. If you choose to do this, you must notify us in writing as set out in clause 9.

8. Offers to Purchase and Description of Goods/Services

8.1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.

8.2 Any order made by you will be treated as an offer to purchase Goods or Services from us. The contract between you and us will only be completed when we despatch the Good to you or commence the provision of the Services, as the case may be, or when we debit your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject any offer to purchase made by you at any time. 8.3 You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase Goods or Services advertised on the Website.

9. Right of Cancellation

9.1 If you are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), you have the right to cancel any contract completed pursuant to clause 7.5 within 8 days of the receipt by you of the Goods or Services ("Cancellation Period"). Where a contract is cancelled, any related credit agreement is also cancelled.

9.2 If you do cancel a contract pursuant to clause 7.5 you must:

9.3 notify us in writing to Mobile Chooser Ltd, Unit A, 7 Clifton Hill, London NW8 0QE or by email to click here

9.4 retain possession of the Goods or Services

9.5 take reasonable care of the Goods or Services until we collect the Goods or Services from you, or you deliver the Goods or Services to us; and

9.6 ensure that the Goods or Services are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, you (as the case may be).

9.7 If you do cancel a contract pursuant to clause 7.5, then we will notify you of when we wish to collect the Goods or Services. We will collect the Goods or Services within 23 days of our receiving notification of cancellation. We have the right to charge you for any direct costs incurred in collecting the Goods or Services and will, at our option, deduct these from any sum owed to you. Alternatively, if you wish, you may return the Goods or Services to us, during working hours, at our nearest place of business, details of which can be obtained on our website or by emailing us at click here

9.8 If you do cancel a contract pursuant to clause 7.5, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice.

10. Your Personal Data

10.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.

10.2 We confirm that any personal details which You provide to us (or which are available on public registers) from which We can identify You are held in accordance with Our Data Protection Registration Notification. When You register with us We consider the information You provide as private. We use the information for the following purposes:

10.2.1 processing Your Account;

10.2.2 for statistical purposes to improve the service we give to You;

10.2.3 to administer our business;

10.2.4 unless you have already objected during the registration process, to notify You of products or services that may be of interest to You; and

10.2.5 unless You have already objected during the registration process, to be disclosed to other members within Our group of companies and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.

10.3 If You do not want us to notify you about products and services that may interest You, or You do not wish us to transfer Your data to group companies and third parties so that they can contact You about their products or services, and have not objected during the registration process, please write to us C/O the Data Department, Suite 20, 23 Redan Place, London W2 4SA stating Your full name, address, Your e-mail address and Your mobile phone number and notify us accordingly.

10.4 Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to us, our group companies or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing or by SMS and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

10.5 In the event that Your personal information is no longer used by Us for the purposes outlined in paragraph 12.2 we will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.

10.6 In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.

10.7 You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with us, and those dealings are deemed by Us inconsistent with these Terms.

10.8 We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service. 10.9 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.

10.9 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data

11. Payment

11.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your Good or provision of the Service to you.

11.2 You confirm that the credit/debit card that is being used is yours.

11.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

11.4 In order to obtain a phone from us unless it is a handset only phone, it is necessary to pay your monthly payments to the airtime provider by direct debit. We will arrange for this to be set up automatically for you and details will be confirmed to you by your airtime provider in writing soon after connection together with confirmation of when your first and ongoing payments will be taken. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. In the unlikely event of an error, you are entitled to an immediate refund from your bank. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that airtime agreements usually require payments to be made by direct debit and you may be in breach of your airtime agreement if you cancel a direct debit or request a refund. A copy of the safeguards will be sent to you with your confirmation letter within a few days of connection.

12. Eligibility to Purchase

12.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if you are an individual, you must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services you represent to us that you are 18 years of age or older. To register, you must provide your real name, phone number, e-mail address, credit card details and other requested information.

12.2 The Website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.

12.3 By making an offer to buy any Good or Services, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

C. GENERAL
13. Intellectual Property and Right to Use

13.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

13.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

14. Notices

14.1 You may send us notices under or in connection with these Conditions:

14.1.1 by post to Legal Department, Mobile Chooser Ltd, Unit A, 7 Clifton Hill, London NW8 0QE

14.1.2 by fax to Group Legal Department on 0870 162 6222

14.1.3 by email to click here

14.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us which will be sent within 3 working days of our receipt and should be retained by you.

15. Limitation of Liability

15.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. Where the goods received do not correspond to the description applied to them, you can reject the goods within 14 days of receipt and claim a full refund. In addition, you may be able to make a claim for relevant consequential losses.

15.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, reasonable implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any reasonable implied warranty arising from course of dealing or usage or trade.

15.3 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

15.4 We disclaim any and all reasonable warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, reasonable implied warranties of satisfactory quality and fitness for a particular purpose.

15.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.

15.6 The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all reasonable liability of any kind (including for defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to you.

15.7 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

15.8 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:

15.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

15.8.2 any loss of goodwill or reputation; or

15.8.3 We will not be liable for any loss which was not brought to the attention of Mobile Chooser Ltd at the time the contract was made or any reasonable loss that would be a reasonable unforseable consequence of a breach of the contract by Mobile Chooser.

15.9 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

15.10 This does not affect your statutory rights as a consumer.

16. Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

17. Waiver

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

18. Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

19. Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered. You confirm that you have read these conditions and, you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.

20. Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

The personal information you provide by submitting this form will be collected by Mobile Chooser Ltd. who may (i) pass your details to any associated company and certain third parties to assist them in analysing use of the Website and enabling them to contact you about Goods or Services which may be of interest to you and (ii) use it in accordance with our privacy policy.

Click here to view our privacy policy (which sets out how we use your personal information)

21. Handling Complaints

There may well be occasions when you are unhappy with the service that has been provided to you by Mobile Chooser. In these cases, Mobile Chooser endeavours to be fair and efficient in handling any complaint you should have and that your complaint will be processed confidentially.

If you have a complaint, please send us a letter to this address (Mobile Chooser Ltd, Unit A, 7 Clifton Hill, London NW8 0QE) or an e-mail to this address (click here).

We endeavour to give you an answer within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint.

We undertake to check our system regularly for handling complaints and we welcome any suggestion you may have in relation to how this system may be improved.