The Smartphone Company is a trading style of Mobile Phones Direct Ltd.
If you make a purchase from this website, you are entering into a contract with Mobile Phones Direct for the supply of the Products (“Contract”) and (other than where you are buying the goods on a standalone basis) a contract with the relevant network provider (“Network Operator”) for the supply of telecommunications or data services provided by that Network Operator (“Services”).
Your contract for Services is not with us, but is a separate contract with the Network Operator (“Network Contract”).
Please read these Terms carefully and make sure that you understand them, before ordering any Products or Services from this website. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from this website.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Any changes to these Terms will apply to orders placed on or after the effective date. Every time you wish to order Products, please check these Terms to ensure that you understand the terms which apply at that time.
These Terms, and any Contract between us, are only in the English Language.
01. Information about us
This website is owned by and operated by Mobile Phones Direct, a company registered in England and Wales under company number7570386and with registered office at The Courtyard Business Centre, Farmhouse Mews, Thatcham, Newbury, Berkshire, United Kingdom, RG18 4NW ( “our”, “we” or “us” as the context may require), who is the seller of the Products. Our VAT number is 111126283.
Your use of this website is governed by our Terms of Website Use below. Please take the time to read these, as they include important terms which apply to you.
03. Placing an order
You may only purchase Products from this website if you:
Provide your real name and correct address, phone number, email address, payment details and other required information;
Are at least 18 years old;
Provide a delivery address in the mainland United Kingdom
(Note that we are unable to deliver to overseas army addresses, hotels, hostels or prisons and as an anti-fraud measure we will only deliver to your home address as used to verify your credit/debit card and if applicable for your Network credit check);
Are the owner or authorised holder of a valid debit/credit card to purchase the Product(s) or Services if paying with a debit/credit card; and
are registered with a payer authentication scheme such as Verified by Visa and/or MasterCard Secure Code (“Payer Authentication Schemes”) if paying with a Visa or MasterCard.
You may only purchase Services from the Network Operator if you meet their eligibility criteria (which may include providing adequate proof of your identity and satisfying the Network Operator’s credit checking requirements).
You may place an order by clicking on the “Buy now” and/or “Add to cart” button and proceeding to the checkout page. On the checkout page you have the option to either:
Register, by creating your personal account; or
Proceed without registration.
Note however that our call centre may, when contacted by phone, ask for personal details provided in your order to verify your identity.
When you create a personal account you will also create a personal user identification (your email address) and password. You must keep your password safe at all times and not disclose it to anyone else, as you are personally responsible for each purchase made using your user identification and password.
04. How the Contract is formed between you and us
You agree that your order is an offer to purchase the Products and/or Services listed in your order under these Terms.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an, order, we will send you an acknowledgement e-mail (“Order Confirmation”) with your order number and details of the Product(s) you have ordered. Please note that the Order Confirmation is an acknowledgement not an acceptance of your order.
Acceptance of your order for Product(s) and the formation of the contract of sale between us and you will not take place unless and until you have received an email acceptance of your order from us (“Order Despatch”). You have the option to cancel your order at any stage before we have sent the Order Despatch by contacting our call centre.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price as referred to below, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
We may choose to cancel your order for any reason (for example if you do not satisfy a Network Operator’s credit checking requirements and the Network Operator refuses to enter into a Network Contract with you we may cancel your order). If we choose to cancel your order we will advise you of this by email and/or telephone, and in certain instances may request on behalf of the Network additional proof/s of identity and/or a deposit payable to the Network to allow the contract connection to be accepted.
If you place an order for Products and Services and the Network Operator declines your order for Services we are unable to alter this decision and will cancel your order for Products.
Should the Products and/or Services not be available, within 30 days of the Order Confirmation, we reserve the right to cancel your order and refund any payment made by you in full as soon as possible.
A pre-order is only a statement of interest from you towards the pre-order Products. After having received your pre-order, we will send you an acknowledgement email (“Pre-order Confirmation”) with your order number and details of the pre-order Products. The Pre-order Confirmation is not an acceptance of your order. When the pre-order Products are available we will send you an email (“Pre-order in Progress”) informing you that we are now processing your order and releasing it for delivery. Acceptance of your pre-order and the formation of the contract of sale between us and you will take place as stated in clause 4 of these Terms when you will receive the Order Despatch.
Note that if you are paying with a debit/credit card, when sending you the Pre-order Confirmation we shall pre-authorise a nominal amount of £2.50 from your account to validate your debit/credit card. This amount will not be debited from your account but if there are no funds available on your account this validation will fail. The payment card will be charged on dispatch of the ordered Product(s) as described in clause 10 below.
Pre-orders are date and time stamped on receipt by us, and will be processed strictly in the order in which they are received. All pre-orders are subject to availability. In some instances there may be unforeseen delays in launching the pre-order Products. In these instances we will make all reasonable attempts to inform you of the delay. Any launch date displayed on this website is indicative only and may change.
You have the right to cancel your pre-order at any time until the order is released for despatch and you have received Order Despatch. To cancel either visit the ‘your account’ section of this website to view and amend pending orders or contact our customer service department.
If we are not able to deliver the whole of your Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
You will receive an Order Despatch email to confirm that your ordered Products have been despatched.
If the Product you have pre-ordered is not released or does not become available within 60 days (commencing the day after you ordered the Product) (“Pre-order Expiry Date”), we shall contact you by email or phone and propose either to:
Cancel your order, or
If feasible and subject to your prior acceptance, provide you with a substitute Product of equivalent quality or price (“Substitute Product(s)”) for those Products that are not available on or before the Pre-order Expiry Date and proceed with the payment for any such Substitute Product(s) in accordance with your chosen payment method. Where we provide you with Substitute Product(s), you may still exercise your right to cancel and claim a refund in respect of such Substitute Product(s) in accordance with clause 13 of these Terms (in accordance with your rights under the Distance Selling Regulations).
All pre-orders that are accepted by us (at our sole discretion) shall be subject to these Terms.
06. Our right to vary these Terms
We may revise these Terms from time to time in the following circumstances:
Changes in how we accept payment from you;
Changes to the relevant laws and regulatory requirements.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
07. Prices, delivery and handling charges and taxes
The price charged for a Product will be the price quoted on our website at the time the order is placed and will be set out in the Order Confirmation and Order Despatch. We take all reasonable care to ensure that the prices for Products are correct at the time when the relevant information was entered onto the system. However, 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. If we discover an error in the price of the Product(s) you ordered:
Where the Product’s correct price is less than the price on this website, we will charge the lower amount when dispatching the Products to you; and
If the Product’s correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
We may change prices at any time and without notice. Price increases will only apply to orders placed after such changes.
Prices for the Products include VAT or other applicable taxes but do not include charges for delivery and handling.
Separate charges for delivery, handling and their related VAT or other taxes will be shown when you place your order. The Order Confirmation and Order Despatch provide proof of applicable delivery, handling and tax charges.
08. Products, Services, availability and delivery
The images of the Products on this website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all weights, sizes, capacities, dimensions and measurements quoted on our website are approximate.
All Products and Services advertised on this website are subject to availability. We reserve the right, without liability or earlier notice, to change, discontinue or to cease availability of certain Products or Services. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
We will do all that we reasonably can to meet the date given for delivery. Where there is an Event Outside Our Control we may not be able to meet the estimated delivery date in which case we will contact you with a revised estimated delivery date. You must do all that you reasonably can to enable the delivery to take place on the given date.
If you order any personalised Products, the manufacturing time for such personalised Products is added to the delivery time of the selected delivery option. There may also be reasons for us to re-schedule your order in case the Product(s) cannot be delivered on the estimated delivery date. In that case we will contact you to discuss a revised delivery date.
We will complete delivery when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of the delivery.
Unfortunately we do not deliver to addresses outside the mainland United Kingdom. You may place an order for Products from outside the mainland United Kingdom, but this order must be for delivery to an address in the mainland United Kingdom.
We encourage you to examine the delivery package and received Products within a reasonable period of time after they are delivered to you and check their condition and that the delivery package is unopened and the content of the delivery package is complete. It is your responsibility to notify us as soon as possible, that packaging has been damaged in transportation, or the delivery is incomplete. For information on our return policy see clause 13 below.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered after the first delivery attempt for a period of 14 working days and are returned to us undelivered, our responsibility for everything other than damage due to our negligence will end and we may end the Contract and will refund the price of the Products less the reasonable costs and expenses incurred by us as a result of your failure to accept delivery of the Products.
It is your responsibility to ensure that the Products you purchase are compatible for their intended use. Where a Service is ordered with a Product we recommend that you check that satisfactory network airtime service is available in the areas that you intend to operate the Product.
Payment by credit/debit cards shall be made by a credit or debit card approved by us as indicated on this website. You must supply your payment card details when you place your order.
Your payment card will be charged at the time of order for the full purchase price. Should your order be cancelled, or subsequently returned following our returns process, then a full refund will be applied to your card. Please allow 3-5 working days for this refund to show.
In the case of an order with no purchase price, we will perform a £2.50 deferred transaction (shadow payment) to validate the credit or debit card before an order is placed. Once an order is placed, we will ‘Abort’ the transaction of £2.50, and no money would have been physically removed from the customer’s account.
A deferred payment means that the card details are checked and a “shadow” is placed on the customer’s account - meaning the customer subsequently cannot spend those funds elsewhere, and again, they would see a differing “available balance” on their bank account.
Unlike immediate payments, deferred transactions are not sent to the bank for completion the following morning. And they won’t be unless we manually “release” them.
The “shadow” on the customer’s account will remain for up to 30 days
At any point within this time we can “release” these funds (meaning we can give the Bank an instruction to say ‘the order has now completed and we now wish to take the full some of money from the customers bank account and place it in to our own’) We can, if we wish, also abort the transaction instead of releasing it, so the customer is never charged and no money is ever physically removed from the customer’s account.
As stated previous, a shadow on the customer’s account will remain for up to 30 days regardless of whether or not the order is fully complete. After a 30 day period the transactions are automatically aborted and the customer will be given access to the full funds in their account.
In the case of an unsuccessful transaction, we can send an instruction to the back to abort the shadow payment, releasing the payment back to the customer within 3 to 5 working days. We do not have a mechanism to expedite this time frame.
We will not supply the ordered Products to you until your card issuer has authorised the use of your card for payment of the ordered products. As your Order Dispatch is your proof of purchase, we recommend that you save and print that document for your potential future use. Note that the VAT/tax invoice delivered to you by us either electronically or in the delivery package can also be used as proof of purchase.
We may use Verified by Visa and MasterCard SecureCode to provide additional security checks when processing your order. If you decline to register with either of the above Payer Authentication Schemes when prompted, we reserve the right to decline your order.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
11. Title to Products
We retain full legal title to Products until we have received in full all amounts due on the ordered Products, including all applicable delivery charges.
Unless we have specifically agreed to sell you a Product on a standalone basis (without a Service) we only agree to sell or supply a Product to you on the basis that you enter into a Network Contract, adhere to the terms and conditions of that Network Contract and pay the Network Operator all airtime bills as specified within the Network Contract for the agreed minimum term of the Network Contract. The reason we insist on this is because Products can have a significant cost to us and we can only supply the Product free or for a price below what the item is worth because the Network Operator subsidises the cost of the Product. If you do not comply with the terms of your Network Contract at any time during the agreed minimum term of the Network Contract – for example if you do not pay your airtime bills or you cancel your Network Contract or are disconnected - the Network may recover from us any subsidies that it has paid to us for your Product. If this happens, you agree that we may charge you and you shall pay us the cost of the Product as if it had been supplied to you on a SIM free basis (without a Network Contract) and we may debit your credit or debit card on the basis that the Product was supplied to you on a SIM free basis. Once this payment has been received we will then credit your original VAT/tax receipt and re-issue to you a new SIM free product receipt.
We reserve the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in the Products and to enter your premises and repossess the Products (or instruct a third party to do so), if payment is not made, or if the debit/credit card company declines payment or requires us to return any payment made for the Products, for any reason.
12. Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you must contact us in writing by sending an e-mail to [email protected] or by sending a letter to the address set out in clause 1. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Mobile Phones Direct Limited at [email protected] or by sending a letter to the address set out in clause 1. You can always contact us using our Customer Services telephone line.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Your right of return and refund
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
(a) Your Consumer Right of Return and Refund
This clause 13(a) only applies if you are a consumer.
If the received goods are faulty, you have an extended 30 days in which to arrange a return or exchange in accordance with the Consumer Rights Act 2015.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”). This means that during the relevant period set out below if you change your mind or for any other reason you decide you do not want to keep the Product(s), you can notify us of your decision to cancel the Contract and receive a refund.
Your legal right to cancel starts from the date of the Order Despatch, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
If the received goods are faulty, you have an extended 30 days in which to arrange a return or exchange in accordance with the Consumer Rights Act 2015.
If the Products have already been delivered to you, you must return the Products to us as soon as reasonably practicable.
Details of your legal right to cancel and an explanation of how to exercise it are in the Order Despatch.
To cancel the Contract please contact us in writing by sending an email to [email protected] or by contacting our call centre. We will then send you by email, to the address that you provided, a Returns Authorisation Number (RAN) and give you the necessary return instructions.
If you are dissatisfied with the product for whatever reason or simply change your mind within 14 days of receiving the device, you are entitled to exchange or return the product.
If the received goods are faulty, you have an extended 30 days in which to arrange a return or exchange in accordance with the Consumer Rights Act 2015.
The return or exchange on an item that is simply unwanted MUST be made within 14 days from the date of delivery.
Phones that are faulty out-of-box as determined by our warehouse can also be returned for an extended refund or exchange period of up to 30 days from date of delivery. Some minor faults can be rectified by a simple download of the latest release of the manufacturer’s operating software and our customer service team can advise on this and the best course of action.
Please note that in order for us to accept your phone for a cancellation it must meet the following criteria:
Must be in a resalable condition
Must be In its original box and packaging which must remain undamaged
Must be returned with its original charger, leads and any other in box product it was delivered with
Must be returned with any gift you may have received as a result of the phone contract (free cases, headphones etc.)
You must remove any pin lock or passcode personalisation and return the phone to factory settings
The gift must be unopened and unused in order for us to accept the mobile phone cancellation
The gift must be in its original undamaged packaging
If any of the above criteria is not met then we may not accept your handset back for cancellation.
For any handsets which are faulty we understand that some of the above criteria may not be met and will do our best to offer a like for like exchange within the 30 day exchange period. For any faults outside of 30 days you could be covered by your manufacturer warranty, and should contact the relevant teams listed below.
Returning a faulty EE iPhone:
Apple and EE have simplified the exchange process to make it much faster for you to exchange your handset should there be fault within the first 14 days of use. To exchange, simply contact Apple to arrange your exchange and they will be able to replace the unit for you.
In order to arrange an exchange, simply contact Apple on 0800 107 6285.
If you are returning a SIM-Free iPhone or an iPhone which is on a Vodafone Contract, please see our standard returns policy below.
Returning a faulty handset to Mobile Phones Direct:
Alternatively we advise that you contact us either by email at: [email protected] or call our customer services on: 0345 470 4000.
Returns will only be accepted with valid authorisation. To ensure a fast and secure return we encourage you to use a recorded delivery service.
To repair a handset under the standard manufactures warranty and outside of the Mobile Phones Direct’s own 30 day returns period, please use the points of contact below;
Where a Product has been purchased as a part of a bundle of Products, all Products within that bundle must be returned. Until you return them to us you must keep the Products in your possession, take reasonable care of the Products while they are in your possession and return them to us in the condition that they were delivered to you.
Where a Product you have purchased is defective, you can, for a period of 14 days from your receipt of the defective Product(s), return them for exchange or refund. Defective Products that are returned will be tested for the reported fault to confirm the return reason. In these cases our call centre will give you return instructions and arrange for the replacement or refund of your Product(s) as applicable.
To ensure a fast and secure return we encourage you to use a recorded delivery service.
In case of replacement identical new Products will replace the original Products.
Once we have received and validated your returned Products, we will confirm this to you by email.
Where you exercise your legal right to cancel the Contract under the Distance Selling Regulations a full refund of the price you paid for the Products will then be credited to your payment card as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation and confirmed by email (“Order Refunded” email).
If the Products you purchase are faulty or not as described, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights. In such circumstances and if we have agreed to refund the price of the faulty Product, we will refund the price of a faulty Product in full (including any applicable delivery charges) and any reasonable costs you incur in returning the Product(s) to us.
If the Products were delivered to you, you must return the Products to us as soon as reasonably practicable.
Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our call centre either by email or phone for assistance.
See also the terms of clause 14 below that will apply to such returns.
Please note that we will only process returns and refunds for Products bought on this website. If you bought Products through some other distribution channel, such as from another website, a wireless carrier or a retail store or catalogue, please follow the applicable seller’s product return policy.
14. Disconnection of network airtime service
If you have returned a Product supplied and connected to a Network pay monthly contract service, we will upon receipt of the returned handset (within the period specified in our return policy), arrange for the network to disconnect the airtime service. You will be charged for any calls that were made whilst the phone or device was in your possession, plus a proportionate line rental charge for the period between the time of connection and disconnection. These charges will be taken by direct debit directly by the Network Operator.
Where you have returned a handset or device connected to a ‘pre-paid’ airtime service such as pay as you go, we are unable to refund the cost of any pre-paid airtime service or ‘top-up’ once the service is activated.
15. Warranties and statutory rights
A manufacturer’s limited warranty offered for Products will be included in the user guide or included in the Product packaging or made available otherwise to you. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty. The manufacturer’s warranty does not affect your statutory rights.
In case you have purchased an extended warranty or warranty insurance for Products for which such warranty is applicable please refer to those terms and conditions.
Automatic cashback will be paid directly into your bank account within 90 days. There is no need to do anything, the funds will be automatically sent to your account from us and you will receive an email as soon as the payment has been made. The contract must be active for 90 days for the automatic-cashback to be accepted, therefore if you cancel before this deadline, your automatic cashback will become void.
How to claim cash back & line rental discounts
We offer cash backs and line rental discounts with selected deals on our website - The cash back is shown as a discount to the standard monthly line rental by dividing the cash back amount over the initial contract duration of the airtime agreement. For example; a £72 cash back, or discounted line rental on a 24 month contract would reduce the standard line rental by £3 per month.
If your deal includes cashback or line rental discount this will be shown on the confirmation email sent immediately following a successfully completed order. Cashback and line rental discount is claimed in five separate instalments, on specific billed months over the initial duration of the airtime agreement.
Cashback on 24 month contracts can be claimed as of the 6th, 9th, 12th, 15th and 18th billed month of the connection or upgrade.
Cashback on 12 month contracts can be claimed as of the 4th, 6th, 8th, 10th and 12th billed month of the connection or upgrade.
To make a Cashback claim, simply fill out our cashback claim form (which can be found in the ‘My Account’ section of the website) on the appropriate date and upload a copy of that month’s bill. Only the one month’s bill is required. The mobile contract bill you provide us must be in relation to the pay-monthly or upgraded contract we connected you to.
Please note that claims must be made within 60 days from the date shown on the appropriate mobile phone contract bill you upload to us. The cashback will then be approved and paid by bank transfer directly into your bank account as supplied by you at the point of ordering within 14 working days.
Please note that you cannot claim a cashback if you have cancelled your contract, disconnected the SIM card from the network provider, or changed your price plan with us or the network provider directly. You are able to port an existing number from another network or a pay as you go SIM- if this is the case the bills you submit then need to show the number you have ported to.
We offer gifts with selected deals on our website. If your contract with us includes a gift, then the following terms will apply to your contract with us.
Your gift will be despatched separately to your mobile phone directly from our gifting supplier. Allow up to 15 days for delivery before contacting us.
If you cancel your contract you will no longer be eligible to receive the gift and if you have already received the gift you must return it to us in as good a condition as it was in when you received it, with its original packaging. If you have already used the gift or it is damaged and the damage is your fault, or if you do not return the gift to us then you must pay us a sum equal to the full value of the gift when new and selling at full price.
We reserve the right to substitute the gift offered with a similar gift at the same or higher value as the gift offered.
No cash alternatives will be available.
Your gift may come with a manufacturer’s warranty. If it does, it is your responsibility to contact the manufacturer or visit the manufacturer’s website to register your gift for the warranty.
18. Mobile Phone Insurance
1 month free insurance worth £9.99
Phone insurance and technical support is optional, and is charged at £9.99 monthly after your first month and can be cancelled at any time.
Important Information about the insurance.
The Sale of Goods Acts lay down several conditions that all goods sold by a trader must meet. The goods must be of satisfactory quality, as described and fit for purpose.
Your statutory rights are limited which is why we offer insurance (not just an extended warranty) specially designed to protect your mobile phone (but not e.g. accessories or car kits) for up to 5 years, (with the first 1 month free) against the risks of theft, accidental damage (including water damage) and breakdown whilst being used in the United Kingdom (and worldwide for a maximum of 90 days in any one year) by you as the person who purchased it or your spouse or partner, children, brothers, sisters and parents who permanently live with you.
The Mobile Phone Insurance arranged by Mobile Phones Direct Ltd and the insurers UK General Insurance Ltd. on behalf of Ageas Insurance Limited Registered in England No. 354568. Registered Office: Ageas House, Hampshire Corporate Park, Templars Way, Eastleigh, Hampshire SO53 3YA.
Because the cover is insured it is the duty of the Financial Services Compensation Scheme to ensure that a percentage of sums owed to policyholders is paid if their insurance company is in liquidation and unable to pay. Such payments are subject to restrictions and not all policyholders may benefit. Further details are available on request from the Financial Services Compensation Scheme website http://fscs.org.uk/ or by phone at 020 7892 7300.
Other Insurance (including some elements of household insurance) may be available for your mobile phone other than from the insurer whose cover is offered on this site.
Your mobile phone insurance will not be automatically terminated in the event of a claim being made.
Like all policies, there are some things this insurance does not cover. Importantly these include;
theft claims not accompanied by a Crime Reference Number.
the excess of £75 for each and every claim.
breakdown which occurs during the manufacturer’s warranty period.
abuse, wear and tear or gradual deterioration of the phone.
cosmetic damage to the phone.
any claim amount that exceeds the replacement value of your phone.
theft claims that are not reported to the Police and your Network within 24 hours of discovering the incident.
theft from an unattended vehicle unless the vehicle is locked and the phone is locked away and completely hidden.
theft from any premises unless there is evidence of forced entry.
theft of the mobile phone left unattended in a public place or a place to which the public has regular access.
You are required to take all reasonable precautions to protect the mobile phone against theft or damage.
Following your 1 month free insurance, premiums will be collected monthly by Direct Debit including any IPT. Your cover will continue by periods of one month (up to a maximum period of cover of 5 years) upon receipt of your monthly premiums. You can cancel your Direct Debit at any time via contacting Citymain Insurance directly on: 0333 999 7907.
You have a right to cancel the insurance by giving written notice of cancellation within 14 days of the receipt of confirmation of insurance cover to the Citymain Administrators Limited (“the Administrator”) at Enterprise House, Isambard Brunel Road, Portsmouth, PO1 2RX quoting your mobile phone number. If you do not exercise this right to cancel then your rights and those of the insurer to cancel this insurance cover thereafter are that you may cancel this insurance at any time by giving notice of cancellation, by email or by telephone, to the Administrator. Cover will terminate immediately on receipt of your cancellation.
Frequently asked questions
How or where do Citymain obtain my details?
When you purchase your phone from us, provided you have agreed to the insurance option, your bank details are then included within the insurance scheme. The Direct Debit Guarantee is given to you during the sale process detailing all the safeguards of the paperless Direct Debit scheme. Citymain write to each customer confirming the cover and giving confirmation of the Direct Debit set up. On month two Citymain will collect the monthly premium by Direct Debit from your account.
How much is my premium and how will it be collected?
Phone insurance and technical support is optional, and is charged at £9.99 monthly after your first month and can be cancelled at any time and will be collected by Direct Debit from month 2 onwards from your bank account.
When does my insurance cover commence?
Providing you have agreed to purchase the insurance option, your phone is covered from when you receive your phone. Cover continues from month two onwards subject to you having paid the monthly premium by Direct Debit.
Am I able to benefit from this insurance if I live outside the UK?
Regretfully the coverage is only available to those people who are permanently resident in the United Kingdom. If you reside in any other country such as the United States we regret that we are not able to provide insurance. If you are a UK permanent resident, you are covered for up to 90 days world-wide cover in any one year.
What am I covered for?
This policy covers you for Theft, Accidental Damage and Mechanical Breakdown.
Why shouldn’t I cover this under my household Insurance?
This policy is a dedicated insurance policy especially for mobile phones, ensuring rapid replacement or repair of your handset once your claim has been accepted. Household policies often have a much higher excess and a claim for your mobile phone will more than likely affect your no claims bonus.
My phone has just stopped working?
If you have not damaged the phone by accident, and you bought the phone less than a year ago, it is likely that the handset is covered by the manufacturer’s warranty. In this case please call the Mobile Phones Direct customer care on 0800 888100. If you purchased the phone in excess of a year ago, call the claim line on 0333 999 7907.
If my phone has been stolen or damaged, how do I make a claim?
In the event of theft:
You must notify the Network you are connected to and have the line temporarily barred within 24 hours of discovering the incident.
Notify the local Police authorities within 24 hours of discovering the incident and obtain a Crime Reference Number.
Register your claim by simply using our online claims portal link below:
Alternatively you can contact our claims helpline on 0333 999 7907. Lines are open on Monday to Friday 9am – 5.30pm.
In the event of Accidental Damage, how do I make a claim?
Register your claim by simply using our online claims portal link below:
Alternatively you can contact our claims helpline on 0333 999 7907. Lines are open on Monday to Friday 9am – 5.30pm.
How long is my claim likely to take?
We cannot begin to assess your claim until we receive the fully completed claim form and all the required supporting documentation. Not completing the claim form fully or not providing all the required supporting documentation will delay the assessment of your claim.
Once we have the fully completed claim form and all required supporting documentation, we aim to assess your claim within 2 working days and we will then let you know whether your claim has been authorised or not.
If authorised, the following timescales will then apply:
For Theft claims please allow a further 3 – 5 working days from the date of authorisation for a replacement handset to be issued (subject to stock availability).
For Accidental Damage claims please allow 5 to 7 working days from the date of authorisation for your handset to be repaired and returned (subject to stock of parts).
How can I make an enquiry about my insurance?
Please telephone 0333 999 7907.
19. Circumstances beyond our reasonable control
We will use reasonable efforts to perform our obligations under this Contract; However, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract where the delay or failure is caused by any circumstances beyond our reasonable control (“Event Outside Our Control”).
An Event Outside Our Control means any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will try to arrange a new delivery date with you after the Event Outside Our Control is over.
20. How we use your personal information
21. Our liability
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products and Services.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of network airtime service or billing incurred, loss of business, business interruption, loss of business opportunity, loss of goodwill, loss of anticipated savings or loss of data.
We do not in any way excluded or limit our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and private possession);
Any breach of the terms implied by section 13 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
Defective products under the Consumer Protection Act 1987.
22. Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 15 to the recipient of the gift without needing to ask our consent.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if the recipient of your gift of a Product will have the benefit of the warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that English law governs these Terms. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
We will not file a copy of the Contract between us.
Terms of website use
01. Information about us
www.smartphonecompany.co.uk is a site operated by Mobile Phones Direct of (“we”), a company registered in England and Wales under company number 7570386 and with a registered office at The Courtyard Business Centre, Farmhouse Mews, Thatcham, Newbury, RG18 4NW. Our VAT number is 111126283.
02. Your use of our site
You may use our site only for lawful purposes. You may not use our site:
in any way that breaches any applicable local, national or international law or regulation.
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
for the purpose of harming or attempting to harm minors in any way.
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph 6.
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
03. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
04. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
05. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
06. Content standards
These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
be accurate (where they state facts);
be genuinely held (where they state opinions);
comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
07. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
08. Our liability
death or personal injury arising from our negligence;
fraudulent misrepresentation or misrepresentation as to a fundamental matter; and
any other liability which cannot be excluded or limited under applicable law
shall not be limited or excluded.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law and subject to the above paragraph, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
09. Information about you and your visits to our site
Contracts for the supply of our products formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Supply above.
11. Uploading material to our site
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in paragraph 6.
12. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in paragraph 6.
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
14. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Suspension and termination
Immediate, temporary or permanent withdrawal of your right to use our site;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
16. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Some of the services offered through our site may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such services, we do not accept any liability for any losses suffered by you in using our site which you would not have suffered had you been accessing our site as a United Kingdom resident (including as a result of us being prevent from dealing with any application or enquiry by any law, regulation or other ruling applicable in any other country).
17. Trade marks
The Smartphone Company and smartphonecompany.co.uk are trade marks of Mobile Phones Direct.
20. Your concerns
If you have any concerns about material which appears on our site, please contact [email protected]