TERMS AND CONDITIONS OF SALE - GOODS

By purchasing or ordering the Goods, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at https://www.idmobile.co.uk/help-and-advice/contact-us.

Definitions

"Conditions" means these terms and conditions;

"Goods" means any goods you purchase under these Conditions;

"Personal Information" means the details provided by you to us;

"Us/our/we" means iD Mobile Limited, a company registered in England and Wales under the number 09304672 with registered office located at 1 Portal Way, London W3 6RS;

"Website" means either one of the websites located at www.idmobile.co.uk or any other URL which may replace it;

"You/Your" means the person ordering or otherwise purchasing the Goods.

1. RIGHTS AND OBLIGATIONS

1.1. You undertake:

1.1.1. to pay any amounts due to us in a timely manner;

1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;

1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4;

1.1.4. not to impersonate any other person or entity or to use a false name.

1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods available. We also reserve the right to change or add to these Conditions from time to time.

1.3. Unless you have placed an order for any Goods by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.

1.4. From time to time we may also have to make changes in the specification of any Good:

1.4.1. to make it conform with any applicable safety or other statutory requirements;

1.4.2. To make it reflect changes in the manufacturer's specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good. Where you have placed an order for the affected Good and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.

1.5. Goods

1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.

1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.

1.6. Estimated time frames for delivery of Goods are estimates only and delays may arise due to matters outside of our reasonable control.

1.7. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of "Weapons of Mass Destruction", including without limitation, uses related to nuclear, missile, and/or chemical/ biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.

1.8. ORDERS

1.8.1. Goods are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK.

1.8.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.

1.8.3. Each order placed by you will be treated as an offer to purchase the Goods to which your order relates. The contract will only be completed when we dispatch the Goods or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.The "confirmation" stage of the checkout process sets out the final details of your order. An order will be placed when you press the "confirm order" button or a similar function. We will then send you an order acknowledgement email detailing the products you have ordered. This is not an order acceptance and will be followed by a second email which confirms your order has been accepted and is on its way – we usually send this on the next working day.

1.8.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.

1.8.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods for profit.

1.9. PRICE AND PAYMENT

1.9.1. The price of the Goods shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.

1.9.2. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may cancel this agreement.

1.9.3. You confirm that any payment method you use is yours.

1.9.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.

1.9.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.

1.9.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.

1.9.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.

2. CANCELLATION, RETURNS AND EXCHANGES

2.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.

2.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please visit www.idmobile.co.uk/help-and-advice/returns-cancellations

2.3. Goods ordered online or over the phone only:

2.3.1. Consumers ordering Goods at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2.3.2. You may cancel any order for Goods at any time within 30 days from the day after receiving your Goods.

2.3.3. For details on how to cancel, please see the ‘How do I return my SIM free handset?' section on www.idmobile.co.uk/help-and-advice/returns-cancellations. Any cancellation notice must be given before the end of the 30 day period referred to above.

2.3.4. If you cancel an order for Goods, they must be returned to us within 30 days of you cancelling your order complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) and/or we may withhold an amount from any refund due to cover the cost of any missing or damaged items.

2.3.5. Unless collection of the Goods has been arranged, you must return the Goods by sending them to CPW Direct Returns, Building 1, Long Hollow Way, Newark, NG24 2NH at your cost. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery where appropriate. Please see online at https://www.idmobile.co.uk/help-and-advice/returns-cancellations for further details of our returns policy.

2.3.6. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.

2.3.7. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.

2.3.8. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to receive a full refund should you decide to cancel your purchase. Use would include, but not be limited to using the Goods to make or receive a call, sending or receiving SMS/MMS, connecting to and/or accessing the internet, downloading, or using any functions of the Goods for example amending settings, saving data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.

2.3.9. If you cancel your order in accordance with the provisions of this Clause 2.3., subject to the provisions of Clauses 2.3.4 and 2.3.8 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 2.3.4.) within 14 days of you returning the goods.

4. LIMITATION OF LIABILITY

4.1. We will not be liable for any loss or damage caused by us in circumstances where:

4.1.1. there is no breach of a legal duty of care owed to you by us; and/or

4.1.2. Such loss or damage is not reasonably foreseeable.

4.2. We will not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions.

4.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

4.4. Nothing in these Conditions shall:

4.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees;

or 4.4.2. Limit your rights as a consumer under applicable UK law.

4.5. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.

4.6. Each provision of this Clause operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.

5. GENERAL

5.1. Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.

5.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.

5.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.

5.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.

5.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled. 5.6. Call Monitoring:

5.6.1. All calls to the iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

5.6.2. All conversations using webchat services with iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

6. HANDLING COMPLAINTS AND SENDING NOTICES

6.1. If you wish to complain we will endeavour to handle such complaints fairly, efficiently and confidentially. Please visit our website for details of our complaints procedure – www.idmobile.co.uk/help-and-advice/complaints-procedure.

6.2. If we can't resolve your complaint you may ask that the matter is referred to an independent ombudsman, the details of which are available on our website – www.idmobile.co.uk/help-and-advice/complaints-procedure or by contacting us. Please visit our website for methods of contact – www.idmobile.co.uk/help-and-advice/contact-us.

6.3. If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

6.4. You may send us notices under or in connection with this Agreement. Please visit our website for methods of contact – www.idmobile.co.uk/help-and-advice/contact-us.

6.5. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.