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This website (www.dialaphone.co.uk) is operated by Phones 4u Limited, a company incorporated in England and Wales with company registration number 03154198, whose registered office is at Osprey House, Ore Close, Lymedale Business Park, Newcastle-under-Lyme, Staffordshire, ST5 9QD, and references to "we", "our" or "us" or "Dialaphone" refer to Phones 4u Limited.
If you make a purchase from this website, you are entering into a contract with Phones 4u Limited for the supply of the handset, USB dongle or laptop (as appropriate) and (other than where you are buying the goods on a standalone basis without a network contract) a contract with the relevant network provider for the supply of the network services.
The following are the terms and conditions (called "these Terms") for the supply of goods and services by us. We may change these Terms from time to time without notice to you. However, any changes will only apply to any orders received after the change.
We intend to rely upon these Terms. If you want to change them, please make sure you ask for any changes to be put in writing before you place your order. This is to avoid any misunderstandings as to what we and you are expected to do. It is important that you read and understand these Terms before ordering from us. If there is any term that you do not understand please notify our Customer Services Department before ordering from us. Customer Service contact number 0844 481 5866 or email cc@dialaphone.com
Our offers will have specific terms which are applicable to them and these will be explained to you by phone or on our website at the relevant page. All offers are valid only for the periods stated in the relevant advertisement or on the relevant web page.
The benefit of any contract entered into with us is personal to you and only you can enforce the contractual terms.
If any provision of these Terms is unenforceable this will not stop the rest of these Terms from being enforceable.
Even if we do not exercise any of our rights on a particular occasion, that will not prevent us exercising those rights in the future.
These Terms are governed by and construed in accordance with the laws of England and Wales. Each of us submits to the non-exclusive jurisdiction of the English Courts.
Unless we have specifically agreed to sell you a phone or laptop on a standalone basis we only agree to sell or supply a phone, USB modem or laptop (as appropriate) to you on the basis that you enter into an airtime agreement to connect the phone or USB modem we supply to an airtime provider for the specified minimum period on the particular network and tariff that is associated with the phone or USB modem. If there is a connection fee and/or a delivery charge, you must also pay that. The reason we insist on this is because mobile phones, USB modems and laptops can have a significant cost to us and we can only sell or supply a phone, USB modem or laptop either free or for a price far below what the item is worth (depending on the model or offer) if you also enter into such an airtime agreement. Your contract for airtime is not with us but is with a separate airtime provider.
If we deliver a phone, USB modem or laptop (as appropriate) to you (other than on a standalone basis) and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone, USB modem or laptop (as appropriate) to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the items delivered to you. Our price list is available on request.
The goods we deliver to you become your responsibility once they are delivered to you.
To be eligible to purchase goods on this website and lawfully enter into and form contracts on this website under English law you must:
• If an individual, be 18 years of age or over for contract purchases, or 16 years or over for prepaid purchases; and
• Stipulate a delivery address in the United Kingdom; and
• Register your real name, address, phone number, e-mail address any other details requested; and
• Possess a valid debit / credit card issued by a bank acceptable to us
• Have an e-mail address as we will use this to contact you. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures.
By offering to purchase goods and services you represent to us that you are 18 years of age or over for contract handset/SIM only/mobile broadband purchases, or 16 years of age or over for prepaid handsets/mobile broadband and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers 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.
The details on our websites or in our advertisements or contained in our marketing materials and activities are not offers that you can accept. All orders other than orders for goods on a standalone basis are subject to you passing any status and credit checks required by the airtime provider. Where you are paying any money for the goods, all orders are subject to obtaining payment authorisation from your credit or debit card provider. We will let you know if you do not pass these checks or if we do not obtain such authorisations.
For all orders we are required take a £1.00 payment authorisation charge, this will be taken from the card details provided at the point of sale and will be refunded within 10 - 14 working days of your date of connection.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we despatch the goods to you or commence the services; whichever is the earlier.
Prior to entering the contract, we will be under no obligation to supply you with the goods and/or services you have ordered.
We reserve the right to refuse or reject any order to obtain any goods or services at any time.
If you take advantage of our pre-order service, we require a £1 deposit on all pay-monthly products, which will be refunded on connection to your chosen network.
Stock availability on all coming soon/ advance orders are subject to date changes. The dates provided are estimated times of arrivals into our warehouse.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and ourselves will take place when we despatch the goods to you or commence the services; whichever is the earlier.
Clearance goods are reconditioned and have been rigorously tested and fully refurbished by our engineers and re-packaged as new. All our clearance products are supplied with a 12-month warranty.
Any issues regarding faulty equipment should be directed to Dialaphone. This does not affect your statutory rights.
In the unlikely event you do experience a problem with these products please contact the Dial a Phone Customer Services Team on 0844 481 5866.
If you have agreed to pay for goods during a telephone call with us, the price will be the price that we tell you during our telephone call. If you order from our website (unless we have made an error) the price will be the price quoted on the online order form.
If you have selected a "Bill Credit" tariff - Billing credits are a discount applied by Dialaphone to your monthly bill. Each month, you will have a discount applied, which will show as credit on your bill, you will still receive the advantages of the normal price plan but at a discounted rate. These credits will run for the agreed contract period. The Network will always try to apply the bill credits from your first bill however these can only be applied to a full months cycle (approximately 30 days) as all bills are pro-rata. We offer a variation of billing credits and contract lengths on selected deals, be sure you know what discount amount you will receive and contract length as this does vary.
Occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price and ask you if you still wish to place a new order with us. If we have not heard back from you within 10 days, then we will assume that you did not want to place a new order and we will give you a full refund if you have already paid.
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 because of an error in our website. If we do cancel your contract in such circumstances, we will notify you by e-mail and will re-credit to your account any 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 any additional compensation for disappointment suffered.
By ordering from us, you agree that we are authorised to charge your credit or debit card with the amount shown on the online order form or the amount we agree with you over the phone.
Once you are connected to your airtime provider, your first bill may not be for a complete month. The exact period will depend on the particular billing cycle that the airtime provider operates. We do not have any control over this but it does mean that any free minutes and/or free messages are pro rated from connection up until the date of your first bill. This means that you may not have your full minutes or texts and we recommend that you check this with your airtime provider upon receipt of the phone.
Your airtime provider's telephone number is included with the paperwork that will be sent to you with your phone.
If your contract with us includes a free gift, then the following terms will apply to your contract with us
• Your free gift will be despatched along with your handset, unless otherwise stated.
• If you cancel your network contract you will no longer be eligible for the free gift promotion. If you have already received your free gift, the free gift must be returned in as good a condition as it was in when you received it, with its original packaging along with your phone/USB dongle/laptop (as appropriate) and other items being returned. If the free gift is damaged and such damage is your fault, or if you fail to return the free gift to us, you will be liable to pay us a sum equal to the full value of such item when new and selling at full price.
• We reserve the right to substitute the free gift offered with a similar free gift at the same or higher value than the free gift offered.
• No cash alternatives are available.
• Your free gift may come with a warranty from the manufacturer. It is your responsibility to contact the manufacturer or visit the manufacturer's website in order to register your free gift for the warranty.
• For your claim to be valid the mobile number on the bill must match that on our records, therefore if you have ported your number you must notify us before making your claim.
•Do this by logging onto www.dialaphone.co.uk, click on my account and follow the instructions provided.
• All claims should be sent to: Redemption Claim Centre, Phones 4u, Osprey House, Ore Close, Lymedale Business Park, Newcastle-Under-Lyme, Staffordshire, ST5 9QD.
• Dialaphone cannot accept responsibility for applications lost or delayed in the post.
• Proof of posting will not be accepted as proof of delivery.
• The requested documentation must be the original or a legible photocopy in order to process your claim.
• Dialaphone will endeavour (but are not obliged) to contact you within 10 days of receipt of your claim. If you do not hear from us within this time, please contact us.
• Dialaphone accepts no tax liability incurred by an individual or business relating to this offer.
• Dialaphone reserve the right to change the payment method in the future.
• You will cease to be entitled to redemptions if your airtime contract has been terminated at the date the redemption is applied.
• Time limits for redemption claims are strict, therefore claims will not be approved if deadlines are missed or wrong documentation is sent.
• This promotion is offered by Samsung Electronics (UK) Ltd of 1000 Hillswood Drive, Chertsey, Surrey, KT16 0PS ("Promoter" or “Samsung”) and is subject to these terms and conditions.
• Employees or agents of the Promoter or any of its group companies or their families or households or anyone professionally connected to this promotion are not eligible to enter.
• This promotion begins on 5 April 2013 and shall run until 30 April 2013 ("Promotion Period").
• This promotion is only open to UK residents who are aged 13 or over who purchase a Samsung Galaxy SIII handset or a Samsung Galaxy Note II from a UK participating retailer or network provider during the Promotion Period (a “Promotion Product”), have internet access, a Samsung Apps account and who meet and comply with these terms and conditions (“Qualifying Person” or “you”). If you return the Promotion Product after you have submitted your claim to this offer your claim will be invalid.
• A Qualifying Person is eligible to: (a) claim a £20 voucher for the Samsung Video hub; and (b) claim a 16GB Samsung Micro SD Card; together, the “Reward”.
• In order to claim the £20 Samsung Video Hub voucher and the 16GB Samsung Micro SD card you must log on to www.samsung.com/uk/galaxyoffer enter all required contact information and submit a scanned copy of your proof of purchase for the Promotion Product before 15 May 2013.
• Once you have submitted all required information as set out in paragraph 6 above you will receive an email confirming receipt of your claim. Your claim will be verified within 5 working days and, provided the claim is valid, you shall then be sent an email providing a £20 voucher code for redemption within the Samsung Video hub application, along with instructions on how to redeem the voucher code. The Micro SD card will be sent by post within 28 days of your claim being verified.
• Samsung shall not be responsible for your inability to access the Internet, or for any website failure.
• Each Qualifying Person is only entitled to redeem one Reward per purchase of a Promotion Product.
• Use of the £20 voucher is subject to the Samsung Video Hub application terms and conditions.
• Rewards are non-transferable and there is no cash alternative to a Reward (or any part of it). You are not allowed to sell or transfer your Reward to any third party.
• Samsung reserves the right to substitute all or any part of the Reward with an alternative reward of an equal value in the event that the Reward becomes unavailable for whatever reason.
• Samsung will not be liable for any disruption to this promotion, whether due to technical problems, any difficulties arising from the third party content providers or otherwise, which is beyond Samsung’s reasonable control.
• By accepting a Reward you agree to be bound by these terms and conditions. If you breach any of these terms and conditions you will not be entitled to receive a Reward. Nothing in these terms and conditions affects your statutory rights.
• This promotion cannot be used in conjunction with any other Samsung promotion.
• Samsung reserves the right to withdraw or alter this promotion without prior notice.
• By participating in this promotion, you agree to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the promotion or with the redemption, possession, or use of the Voucher (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
Offer is strictly whilst stocks last, for the first 800 customers pre-ordering the HTC One, on either a new contract or upgrade, subject to credit check & connection to a new minimum term agreement. urBeats Headphones and Flip case will be shipped directly to the customer with the handset, and will need to be returned with the handset if the order is subsequently refunded, or if the HTC One is exchanged for a different handset. Offer subject to availability and withdrawal without notice. Images for illustration purposes only. Price of HTC One varies dependant on tariff, network & upgrade and all prices include VAT. For full insurance protection details see Policy Booklet. Terms apply.
We don’t make you pay for delivery at Dialaphone, so your product will always be sent to you free of charge. We do use third party companies for all deliveries and as such cannot specify or guarantee the exact time or date of delivery to you prior to despatch.
If you have requested a certain delivery date, we will always try to deliver the goods on that date (we are only able to offer delivery on weekdays at present, excluding bank holidays). If we are unable to meet your delivery date requirements then we will inform you and give the option of either an alternative date or full reimbursement and contract cancellation.
We will deliver to the address you provided when the order was placed and you will need to be available to accept personal delivery and sign acknowledgement of delivery. We want to make sure your handset goes straight to you and as such we cannot deliver products to any other address than that of the customer placing the order.
Be sure to check the condition of your package upon delivery and if it appears damaged we advise you not to accept delivery.
Always inspect the goods upon receipt. In the highly unlikely event that the wrong goods have been delivered or your items are defective or damaged, please inform us as soon as you can so we can rectify the situation.
We will not be liable for any delays beyond our reasonable control (including delays by courier companies) or any delays which are caused by you. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver it.
If for any reason we are unable to provide you with the goods you have ordered, we will ensure that you are contacted as soon as possible, at which point we will offer you the choice of accepting available substitute goods or a complete refund.
It's very unlikely that you will need to return any goods to us, and we certainly hope that you don't have to. However, we do recognise that there are rare occasions when this is necessary so to help you in such an event, here is the detail of our returns policy.
Under the Distance Selling Regulations, you have 7 working days after the delivery date (not including the day of delivery) to inform us of your intention to return an item. A 'working day' is any day which is not a Saturday or Sunday or public holiday in the UK. You must follow these steps:
1. Contact the Customer Support Team on 0844 481 5866 within 7 working days after the delivery date to discuss and arrange your cancellation with one of our account managers.
2. Please ensure that you return the goods to us within 7 days of your call to the Customer Support Team, should you be unable to return the items within this date then please make us aware within the above stated 7 days.
3. When re-packaging the goods, you need to check:
4. Please retain proof of posting. The goods remain your responsibility until they are received by us.
Fortunately, this doesn't happen very often. If it does, you can be sure that we'll be there to help you.
FAULTY* GOODS RETURNED LESS THAN 28 DAYS AFTER YOUR DATE OF RECEIPT
All goods come with 28-day unlimited technical support. If you experience any technical issues with your goods please call our technical team Monday to Friday 9am - 10pm, Saturday 9am - 8pm, Sunday 10am - 6pm on 0844 481 5866. Calls are charged at 5p per minute from a BT line, mobile and other network providers may vary.
If our technical team are unable to assist with your enquiry:
1. contact the Dialaphone Direct Support Team on 0844 481 5866, who will advise of your return options.
2. once we have received the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were when they were delivered to you, and where possible returned in their original packaging, we will arrange for a like for like exchange product to be sent to you.**
1. contact the Customer Support Team on 0844 481 5866, who will advise of your return options.
2.once we have received the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were when they were delivered to you, and where possible returned in their original packaging, we will arrange for a refund or a like for like exchange product to be sent to you. **
All goods are supplied with a 12-month return to manufacturer warranty. If you experience any faults with your goods following 28 days from the date of your purchase then please either contact Anovo our preferred repair agent on 0844 871 2267 or the manufacturer direct. Where there are circumstances which have reasonably prevented the return within 28 days we will happily provide a like for like exchange**
* we will not be able to offer an exchange or a free of charge repair where the faults are not covered by the manufacturer's warranty (for example accidental damage and moisture damage). In most cases accidental damage can be repaired but there will be a charge to do this, as accidental damage is not covered by the warranty, if you wish us to, we will gladly arrange a repair for you.
**the right to return goods applies to the goods only and will not entitle you to terminate your airtime contract with your network provider.
1. Where a refund is provided, this will only be given in respect of the price paid for the goods cannot be provided for any airtime and you should retain your SIM card to use any airtime purchased with the goods.
2. You will remain responsible for any pro-rated line rental, data and network charges for the period of time the goods were connected to the network.
3. If you paid a deposit when you originally connected, this will have been paid directly to your network. For this reason we are not able to refund this to you. However, if you contact your network then they would be pleased to help.
4. All exchanges are subject to stock availability.
5. We will not exchange, refund or repair items where there is evidence of customer mis-use accidental damage or moisture/liquid damage.
6. Where possible, goods must be returned with the original and intact packaging.
7. Our policies do not affect your statutory rights.
Phones 4u Limited, who is the 'data controller' of all personal data provided by you through this website, will treat all your personal information:
• As confidential and will only disclose the same in the circumstances set out below; and,
• In accordance with data protection and privacy legislation from time to time in force in England and Wales.
When you shop on this website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing and delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Information Commissioner's office and collected lawfully in accordance to the Data Protection Act 1998. We will use your personal information for the following purposes:
• Processing your orders (including incomplete or failed orders) and conducting business with you;
• To administer this website;
• For statistical, market research and customer satisfaction purposes to improve this website and our services to you;
• If you have not objected during the registration process, to notify you of products, services or special offers that may be of interest to you;
• If you have not objected during the registration process, to disclose 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;
Subject to your rights of objection, you agree that personal information may be disclosed to other businesses within our group of companies and to reputable third parties who will help process your order or whose products or services may be of interest to you. In addition, you do not object to us, our group companies or third parties contacting you for the purposes set out above, whether this be by fax, telephone, e-mail, SMS or other electronic means or in writing and you consent to this activity for the purposes of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if the police requests us or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
Objections to use of personal information for marketing purposes
If you have not objected during the registration process, but do not want us to:
• Contact you regarding products or services which may be of interest to you; or
• To transfer your data to group companies and third parties so that they can contact you about their products and services;
Then please write to us at: Dialaphone Osprey House Ore Close Newcastle-under-lyme Staffordshire ST5 9QD Or email address us at cc@dialaphone.com and notify us accordingly.
• In light of new OFCOM regulations, anyone experiencing problems with silent calls can get help and information from the following link http://consumers.ofcom.org.uk/files/2009/07/nuisance.pdf
Nothing in these Terms limits our liability to you in the event of death or personal injury from our negligence.
We will not be liable under our agreement with you for any loss or damage caused by us or our employees or agents in circumstances where i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach at the time we enter into our contract with you; iii) any increase in loss or damage results from breach by you of any of these Terms.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time we enter into our contract with you (such as loss of profits or loss of opportunity).
As a consumer, you have certain rights by law regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These Terms do not affect those rights.
We will not be liable in any way for technical or other problems that you may experience when using our website and we are not responsible for any loss or damage of any kind caused to your computer equipment from using our website.
The contents of our website are directed solely at those who access this site from the United Kingdom. Any products for sale on this site may only be purchased and delivered to persons within the United Kingdom. If you choose to access the website from outside the United Kingdom it is your responsibility to check that you comply with any relevant laws. We may decline access to our website to any person.
We may revise the provisions applicable to the use of our website at any time by updating this posting. You should check our website from time to time to review the then current provisions, because they are binding on you.
All trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us or the trade mark holders in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
Limited License: You are permitted to print and download extracts from our website on the following basis:
(i) no documents or related graphics on this website are modified in any way; (ii) no graphics on our website are used separately from accompanying text; and (iii) our copyright notice and this permission notice appear in all copies; (iv) you only do so for your own personal use and in connection with your use of the website as part of an ordinary relationship with us. Unless otherwise stated, the copyright and other intellectual property rights in all material on our website (including without limitation photographs and graphical images) are owned by us or our licensors. Any use of extracts from our website other than in accordance with the limited license above for any purpose is prohibited. If you breach any of the terms in this paragraph 11, your permission to use our website automatically terminates and you must immediately destroy any downloaded or printed extracts from our website.
Other than by way of the limited licence above, no part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these Terms are reserved.
Hyperlinks to other websites are provided for interest only. We have no control over these sites so we make no representations about them or their content.
You may not link our website to any other website without our prior written consent. If we give any such consent we can revoke it at any time.
We provide our website on an 'as is' basis and make no representations or warranties of any kind with respect to our site, its contents or its accessibility and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. For example, specifications of phones are obtained from the phone manufacturer. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
We will not be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the above, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
The following are the terms and conditions (called "these Terms") for the supply of Pay as you Go products from us including phones and SIM Cards. They do not apply to contract mobile phones (where you receive a monthly bill from a network) or SIM-free mobile phones.
For terms and conditions for these Dialaphone products and services click here. We may change these Terms from time to time without notice to you. However, any changes will only apply to any orders received after the change.
We intend to rely upon these Terms. If you want to change them, please make sure you ask for any changes to be put in writing before you place your order. This is to avoid any misunderstandings as to what we and you are expected to do. It is important that you read and understand these Terms before ordering from us. If there is any term that you do not understand please notify our Customer Care Department before ordering from us.
The supply of each product may be subject to additional specific terms and conditions related to that product or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. These will be identified on the website or by telephone if you order by phone.
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. By ordering from us you confirm that you are over 18 and in the United Kingdom. Delivery can only be made to addresses in the United Kingdom.
All offers are valid only for the periods stated in the relevant advertisement or on the relevant web page.
All orders are subject to acceptance and availability. If the products ordered are not available, you may be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Each product has the benefit of a manufacturer's warranty, details of which will be contained in the box in which the products are packaged. Please note that SIM Cards remain at all times the property of the network.
If your phone comes with bundled airtime credit or you purchase additional top ups, the agreement for the airtime services is subject to the terms and conditions of the relevant network.
The phone and any other products we deliver to you become your responsibility once they are delivered to you.
The details on our websites or in our advertisements or contained in our marketing materials and activities are not offers that you can accept. All orders for products may be subject to you passing status checks required by us or the airtime provider. Where you are paying any money for the products, all orders are subject to obtaining payment authorisation from your credit or debit card provider. We will let you know if you do not pass these checks or if we do not obtain such authorisations.
Please note that any automated reply or acknowledgement of your order that you may receive from us by email is not an acceptance of your order. The contract between us is made when we despatch the products to you. After you have successfully placed an order with us on our website, you will receive an acknowledgement by e-mail of the order you have placed which we advise you to print off and save for your records. Only the products stated on that email will be included in the contract.
Prior to entering the contract, we will be under no obligation to supply you with the mobile phone or other products or services you have ordered.
We reserve the right to refuse or reject any order to obtain any products or services at any time.
To purchase from us, you will need to use a credit, debit or charge card. If you order by our website, you will also need an e-mail address as we will use this to contact you. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures.
If you have agreed to pay for the phone or any products during a telephone call with us, the price will be the price that we tell you during our telephone call. If you order from our website (unless we have made an error) the price will be the price quoted on the online order form.
We reserve the right to cancel the contract between us if one or more of the products you ordered was listed at an incorrect price due to a typographical error or because of an error in our website. If we do cancel your contract in such circumstances, we will notify you by e-mail and will re-credit to your account any 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 any additional compensation for disappointment suffered.
By ordering from us, you agree that we are authorised to charge your credit, debit or charge card with the amount shown on the online order form or the amount we agree with you over the phone and any other amounts you owe us under our agreement.
Any delivery charges will be explained to you by phone or, if you order from our website, will be stated on the website.
We will try to deliver the products on the date agreed with you. Any additional top-ups will be credited to your SIM Card within 8 working days of delivery of your Product. If we are not able to do so, then we will inform you and we will agree an alternative date with you or you may, if you wish, cancel the contract and we will fully reimburse you. We will deliver to the address agreed with you at the time you place your order. You must be available to accept personal delivery and sign acknowledgement of delivery. If the package appears damaged when it is delivered to you we advise you not to accept delivery.
Title in the products will pass to you on delivery.
We strongly recommend that, upon receipt, you inspect the phone. In the unlikely event that we deliver the wrong phone to you or the phone or other products are defective or damaged, please return to us as soon as reasonably possible.
Upon receipt of your Product you must call us on our receipt confirmation number enclosed with your Product to confirm secure receipt of your order.
We will not be liable for any delays beyond our reasonable control. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver it.
If we are unable to provide you with the products you have ordered for reasons beyond our reasonable control, you will be contacted as soon as possible at which point you will be offered the choice of accepting a substitute phone (if available) or a complete refund of any sums that you have paid.
By ordering from us, you agree to us using your personal details in order to supply the products to you (which may involve passing them on to relevant third parties such as credit card companies, networks, 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 companies and our business partners for the purposes of our 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.
To make sure we follow your instructions correctly and to improve our service to you through training of our staff, we may monitor or record communications.
When you place an order, you authorise us to conduct validation checks by cross checking your details on our database.
We will also pass on your personal details to service providers to enable them to administer your airtime account. If you order other services through us such as home fixed line services, you consent to us passing your personal data to suppliers of such services.
You consent to us and people to whom we pass your personal details to contact you by post, email, SMS and phone. You consent to us obtaining information from the relevant airtime provider, insurance company or provider of mobile phone replacement schemes and any repairers about your use of the products we supply to you.
You may request us to stop using your data or contacting you in particular ways (other than as is necessary for the performance of our obligations under our agreement or as permitted by law) by contacting our Data Protection Controller at the address below:
Dialaphone Osprey House Ore Close Newcastle-under-lyme Staffordshire ST5 9QD
We may also disclose your personal information if we are required to do so by law for example to the Financial Services Authority and other regulatory and government agencies.
We monitor the use of our website for customer traffic and purchasing patterns and our website uses "session cookies" to enable us to keep track of your orders.
To prevent fraud and to check your identity, we and the airtime providers may search our own files.
You acknowledge and agree to be bound by the terms of our privacy policy.
If you are a consumer, you also have certain cancellation rights under Distance Selling laws and paragraph 7 applies.
Should you wish to cancel your contract for products or services then you may do so by sending us written notice before we have accepted or despatched your order or by sending us written notice no later than 7 working days after receiving the products or services.
However, you will not be able to cancel any contract for services, for example, bundled airtime or top ups or vouchers once you have started to use them.
If you cancel your contract for products after having used any bundled airtime credit (i.e. airtime loaded on the SIM Card without additional payment by you), the amount of bundled airtime credit will be deducted from any refund.
If you cancel your agreement before you have received the products but we have already processed the products for delivery you must not unpack the products when they are received by you.
If you cancel your agreement after receipt of the products, once you have cancelled you must not use the products and you must keep them in their original packaging.
You must take reasonable care of the products.
Once you have notified us of your cancellation then any sums paid by you will be reimbursed within 30 days (other than our costs if we have to recover the products from you and other than for bundled airtime or top ups once you have started to use airtime services). If you cancel under this paragraph and have not returned the products to us within 7 days of cancellation or when requested, you must make the products available for collection by us at your cost. We can recover the costs of recovering the products from you if you do not return them to us.
Refunds (where applicable) in full or part will be credited to the card used for the original purchase. Please allow 30 days for the refund.
Complaints may be addressed to us at our address below.
If you are a consumer, you have certain rights in law regarding the return of defective products and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These Terms do not affect those rights.
You should be aware that because your phone works like a radio, the signal may vary from time to time, for example, if you go through a tunnel.
Faulty phones* less than 28 days after your date of receipt?
Pay Monthly Handsets
Contact the Dialaphone Support Team on 0844 481 5866, who will advise how to return the goods to us for replacement.
Once we have received the return of the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were is when they were delivered to you, and where possible returned in their original packaging, we will arrange for a like for like exchange handset to be sent to you.**
Prepay Handsets
Contact the Dialaphone Support Team by either emailing us at cc@dialaphone.com or logging on to My Account and logging a query form. Instructions on how to send your phone to us for replacement will be provided. Once we have received the return of the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were is when they were delivered to you, and where possible returned in their original packaging, we will arrange for a like for like exchange handset to be sent to you or a refund for the purchase price of the handset** Please note that where a refund is provided this will be in respect of the handset price only and cannot be provided for any airtime, which has been topped up on the handset.
Faulty phones* more than 28 days after your date of receipt?
Pay Monthly & Prepay Handsets
Contact the Dialaphone Repair Team on 0844 871 2263 who will arrange for the repair of the handset. Where there are circumstances, which have reasonably prevented the return within 28-days we will happily provide a like for like exchange**
Any accidental damage would not be covered by the warranty, and you would be required to cover the cost of this kind of repair*.
*Exceptions Please note that we will not be able to offer an exchange or a free of charge repair where the faults are not covered by the manufacturer's warranty (for example accidental damage and moisture damage). In most cases accidental damage can be repaired but there will be a charge to do this. If you wish us to, we will gladly arrange a repair for you. Your statutory rights are not affected. **Please note that the right to exchange a faulty phone applies to your mobile phone only and will not entitle you to terminate your airtime contract with your network provider.
28 days is 28-working days after the delivery date, classed as Monday to Friday excluding Saturday, Sundays and any public UK holiday.
Faulty Dongle(Modem)/Laptop Policy
Faulty laptops & mobile broadband dongles* less than 28 days after your date of receipt?
All laptops and mobile broadband dongles come with 28-day unlimited technical telephone support. If you experience any technical issues with your laptop or mobile broadband please call our technical team Monday to Friday 9am - 10pm, Saturday 9am - 8pm, Sunday 10am - 6pm on 0844 871 2233. Calls are charged at 5p per minute from a BT landline, mobiles and other network providers may vary. If our technical team are unable to assist with your enquiry please contact the Dialaphone Support Team on 0844 481 5866, who will arrange for the return of the product (and/or accessories) at no extra charge to you, by dispatching a Royal Mail First Class Delivery pre-paid bag which you can use to return the goods.
Once we have received the return of the goods (including charger, battery, accessories, instruction manual and any other items we originally sent to you) in as good a condition as they were is when they were delivered to you, and where possible returned in their original packaging, we will arrange for a like for like exchange product to be sent to you.
Faulty laptops & mobile broadband dongles more than 28 days after your date of receipt?
All laptops/dongles are supplied with a 12-month return to manufacturer warranty. If you experience any faults with your laptop or mobile broadband dongle following 28 days from the date of your receipt then please either please contact the Dialaphone Support Team on 0844 481 5866 or the manufacturer direct on the numbers set out below. Where there are circumstances, which have reasonably prevented the return within 28 days, we will happily provide a like for like exchange**
*Exceptions Please note that we will not be able to offer an exchange or a free of charge repair where the faults are not covered by the manufacturer's warranty (for example accidental damage and moisture damage). In most cases accidental damage can be repaired but there will be a charge to do this. If you wish us to, we will gladly arrange a repair for you. Your statutory rights are not affected. **Please note that the right to exchange a faulty laptop or mobile broadband dongle applies to your laptop or mobile broadband dongle only and will not entitle you to terminate your airtime contract with your network provider.
We are the owner of the Dialaphone trade mark and branding. All other trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
Limited License: You are permitted to print and download extracts from our website on the following basis:(i) no documents or related graphics on this website are modified in any way; (ii) no graphics on our website are used separately from accompanying text; and (iii) our copyright notice and this permission notice appear in all copies; (iv) you only do so for your own personal use and in connection with your use of the website as part of an ordinary relationship with us. Unless otherwise stated, the copyright and other intellectual property rights in all material on our website (including without limitation photographs and graphical images) are owned by us or our licensors. Any use of extracts from our website other than in accordance with the limited license above for any purpose is prohibited. If you breach any of the terms in this paragraph 10, your permission to use our website automatically terminates and you must immediately destroy any downloaded or printed extracts from our website.
Other than by way of the limited license above, no part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Notwithstanding the above, none of the exclusions, limitations or other provisions in these Terms are intended to limit any rights you may have as a consumer under local law or other rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
In these Terms:
"you" and "your" means the person, firm or other legal entity who enters into a contract with us, or in the case of paragraph 11, the person firm or other legal entity who accesses our website.
"us", "our" and "we" means Dialaphone, a trading division of Phones 4u Limited, which is a limited company registered in England with registered company number 03154198, VAT number GB 884 2536 96, and its registered office at Osprey House, Ore Close, Lymedale Business Park, Newcastle-under-lyme, Staffordshire, ST5 9QD, a limited company registered in England.
Address for correspondence: Dialaphone Osprey House Ore Close Lymedale Business Park Newcastle-under-lyme Staffordshire ST5 9QD
The following changes will take place on T-Mobile Pay As You Go price plans from November 28th 2011.
• Per minute billing:
We'll be simplifying our call charges by moving to per minute billing. This means all calls from Nov 28th will be charged rounded up to the nearest whole minute. For example - a call of 2 minutes and 10 seconds will now be charged as 3 minutes.
• 1p SMS standard: The cost of an SMS on your price plan will now be increasing by 1p.
• 1p SMS XNet (WAP version 5): The cost of an SMS to any other network on your price plan will now be increasing by 1p. All texts to T-Mobile customers will remain at 6p.
• Spearhead: The cost of a voice call on your price plan will now be increasing by 5p.
• For all customers affected we will focus on the new trident plans and their benefits as opposed to the price changes.
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