USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the vendor. These Terms are important for both you and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms.
You agree that:
a) You may only use the website to make legitimate enquiries or orders.
b) You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
d) If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, You warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
MAKING A PURCHASE
Making a purchase couldn’t be easier. Just browse our online catalogue by brand, device, theme, collection or design and add items to your basket. After you have finished your selection, click on the “Shopping Cart” icon in the website’s header bar to proceed to the checkout where you will be asked for the few details that we need to be able to fulfil the order.
If in the exceptional circumstance that we take your order for an item, but run out of stock prior to your order being dispatched, we will contact you with the option to backorder where possible, swap the item for an alternative item or cancel the order if requested.
We trade in sterling (GBP). Any figures shown on the website in other currencies are for guidance only. Check with your card issuer for their rates and fees for international transactions. Cards keyed online or given over the phone are automatically debited at the time of purchase but card details are not stored or retained by us in any way. Please note that all purchases must be made either online using our website or over the phone. We cannot accept orders received by post.
You may only place orders and make communications with us in English, and all contracts concluded between us will be in English.
CANCELLING AN ORDER
Under the EC Distance Selling Directive, you have the right to cancel any non print-to-order items within 14 working days commencing the day after the date that the items were delivered. However, we extend this period and allow you to cancel an order within 28 days. You do not need to give us any reason for cancelling your order, nor will you have to pay any penalty. You cannot cancel your order if you have taken the items out of the sealed packages in which they were delivered to you.
To cancel an order please see our Contact Us page for details on how to proceed.
We recommend that you use a recorded-delivery service or at least obtain proof of postage from your local post office. Note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty.
When we receive the non print-to-order goods with the notice of your cancellation of this order, we will process a refund. Once you have notified us that you are cancelling an order, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation request, provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you (unopened with all seals intact). If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
CANCELLATION BY US
We reserve the right to cancel an order if:-
a) we have insufficient stock to deliver the goods you have ordered,
b) we do not deliver to your area, or
c) one or more of the goods you have ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your order we will notify you by e-mail and we will re-credit your account with any sum deducted by us from your credit card as soon as possible, but in any event within 30 days of your order.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchased.
Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that Product.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms and Conditions, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
a) for death or personal injury caused by our negligence;
b) for fraud or fraudulent misrepresentation;
Nothing in these Terms shall exclude or limit in any way our liability for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Terms and Conditions will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order.
INFORMATION FOR BUSINESS
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and /or loss from claims of third parties arising out of the use of the site or for any products or services purchased from us.
USER CONTENT AND CONTENT RULES
Images and text uploaded by a User on, through or in connection with this website is treated as “User Content”. Users must have the right to use, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content through Cellphones.com Jag Singh Ltd, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
a) infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Cellphones.com Jag Singh Ltd or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a Product) or in email and postal communications we send to you);
b) infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to Cellphones.com Jag Singh Ltd and to authorise the subsequent use of it (such as by including a depiction of that person in a Product or in email and postal communications we send to you);
c) infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
d) contravene any applicable law (including, without limitation, any criminal law) or regulation;
e) include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
f) contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
g) misrepresent the User’s identity in any way or impersonate any person;
h) include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
i) contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
j) harass, upset, embarrass, alarm or annoy any person;
k) give the impression that it emanates from us, if this is not the case;
l) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are our Content Rules. Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our website. It is possible that Images or other User Content may be accessible through our website which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our website please contact us here. We may without notice delete any Image or other User Content which appears to breach our Content Rules or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
SHIPPING AND HANDLING
The website displays shipping options and prices appropriate to the content of your order and the chosen destination country.
Ready made items that are held in stock will normally be despatched within 1 working day if we receive it before 12:00pm UK time Monday to Friday with the exception of public holidays. Items that are not held in stock or which are made to order (e.g. printed phone cases) will normally be despatched within 3 to 4 working days of receipt of the order.
EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies, terms or privacy statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
For orders made from within the European Union, all prices shown on this website will contain 20% UK VAT. Any other taxes or import duties will be the responsibility of the purchaser.
Please see our Returns Policy page for details.