Terms and Conditions
M-vironWEBSITE
TERMS AND CONDITIONS OF SALE
Website Operation
This website is operated by M-viron (Staffs.) Ltd a company registered in England and Wales with registration number 5174350 whose registered office is at M-Viron (Staffs.) Limited, 8a Market Place, Leek, Staffordshire, ST13 5HHand whose VAT registration number is 831 8704 27.
Interpretation
In these terms and conditions the following words have the following meanings:-
'accessory' means any non-contractual goods supplied to you by us for use with a handset, which may include (but are not limited to) headsets, car-kits, chargers, holders, memory cards and/or dongles;
'we', 'us' means M-viron( Staffs.) Limitedwhose registered office is at M-Viron (Staffs.) Limited, 8a Market Place, Leek, Staffordshire, ST13 5HH;
'you ' means a person who buys goods from us;
'commission' means commission or bonus payable resulting from Pay Monthly, Pay As You Go connections and/or upgrades;
'connect' means the process of giving you access to the Orange Network and 'connection', 'connecting' and 'connected' have corresponding meanings;
'handset' means either:
(i) any device supplied for the purpose of connecting to the Orange Network which will include a SIM; or
(ii) a standalone SIM for use in another device;
'offer' means the terms upon which goods and/or services are offered for sale to you as set out in the order;
'Orange' means the mobile telecommunications business of Orange Personal Communications Limited and all other group companies;
'Orange Network' means the public telecommunications system by which Orange makes telecommunication services available in the United Kingdom;
'order' means your order for goods and/or services from us;
'Pay Monthly' means connection to the Orange Network on monthly payment terms;
'Pay As You Go' means connection to the Orange Network on pre-payment terms with a handset or SIM connection pack;
'Privacy Policy' means our policy for the processing of personal data from time to time in force a copy of which is available on the website;
'registration' means the acceptance by Orange of the your application for connection to the Orange Network;
'services' means connection to the Orange Network;
'upgrade' means a transaction whereby your contract with Orange is renewed or extended and in respect of which you may agree revised terms. This transaction may or may not include the provision of a new handset;
'website' means www.m-viron.co.uk; and
'working day' means any day except Saturdays and Sundays or public holidays in England.
General
1. These terms and conditions apply to all on-line sales from our website to customers resident in the United Kingdom. Please make sure you read these terms and conditions carefully before ordering. You may wish to print a copy of these terms and conditions as you are dealing with us on-line. By using our website you are agreeing to accept and be bound by these terms and conditions. If you are outside the United Kingdom please contact us for further information.
2. Other terms and conditions on our website should also be read as part of this agreement as they form part of these terms and conditions if you order on-line. We reserve the right to change any of our terms and conditions from time to time without notice to you, changes will be posted on the website. Changes will apply to any subsequent business placed with us.
3. Any typographical, clerical or other error or omission on our website, in these terms and conditions, in any literature, quote, price list, confirmation, acceptance, invoice, or other document or information issued by us shall be subject to correction without any liability on our part, provided that such correction does not materially affect the contract between you and us.
4. When placing an order with us you may also be entering into an agreement with Orange to connect to the Orange Network on such terms and conditions as Orange may from time to time determine and insofar as our terms and conditions in any way conflict with the relevant connection terms of Orange from time to time, the latter shall prevail.
Registration, information about you and your liability to us
1. Before ordering from us on-line individuals need to register with us. To be eligible to register you must be 18 years of age or over.
2. You warrant that the personal information which you are required to provide on registration on-line is true, accurate and complete in all respects and that you will notify us immediately of any changes to your personal information. This information may also be forwarded to Orange which may rely upon it before connecting you to the Orange Network.
3. When purchasing goods and/or services from us you may receive or you may have received a discount on the basis that you have been or will be connected to the Orange Network and we may receive a commission from Orange arising from that connection.
4. We may suffer financial loss if:-
4.1 the information you provide about yourself is not true, accurate and complete in all respects;
4.2 you fail to keep up with your monthly payments for the minimum term of your agreement with Orange;
4.3 your connection to the Orange Network is cancelled or you move to a lower value tariff before the expiry of the minimum period specified in your agreement with Orange; or
4.4 you cancel any value added services within 120 days of connection;
4.5 you cancel any loyalty promotions within 120 days of connection;
4.6 you transfer your mobile telephone number to the Orange Network and then cancel your agreement with Orange within 120 days of connection; and/or
4.7 you breach the Orange Network terms and conditions.
5. If we suffer financial loss as a result of a situation described in clause 4 above you will be liable to pay a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the situation which may include the full amount of:
5.1 the actual value of the package of goods and/or services purchased from us by you less the discounted amount paid by you under the offer (as shown on our e-mail confirming your order); and
5.2 any cash back received by you from us under an offer.
6. On registration you hereby to consent to us and Orange using information you provide to us to obtain further information and confirmations from third parties to authenticate your identity, carry out credit reference checks, validate payment and authorise payment transactions. We will process your personal data in accordance with our Privacy Policy.
Prices and Payment
1. Unless otherwise stated all our prices are inclusive of VAT (unless they relate to business tariffs)and delivery. Whilst we endeavour to ensure that all prices are correct at the time of entry on our website, prices are only valid for the period that they are displayed in store or on the website.
2. Payment is due when you place your order. We accept payment by Visa, Delta, Switch, Maestro, Amex and Mastercard.
3. You confirm that the credit or debit card used to meet payment on your order is valid and issued to you.
Orders
No orders shall be valid until accepted by us and are subject always to availability of goods. If goods ordered are not available, we will contact you to provide you with alternative options, including the likely available date for your original ordered goods, alternative products or to cancel your order. Any automated acknowledgement by us will not count as an acceptance of your order. A formal legal contract between us to supply goods will only take place when we dispatch such goods to you.
Delivery and Service
1. Our services are provided as quickly as we are able and we aim to deliver ordered goods by courier within 2 working days.
2. We will not deliver any order outside the United Kingdom. Deliveries will be made to the billing address of your credit or debit card. We will re-deliver goods returned to us by Royal Mail or our couriers. Please note however that additional charges may apply to cover the reasonable cost of re-delivery.
3. A signature will be required upon delivery. The signature of any person upon delivery shall be deemed to signify acceptance that the goods have been received.
4. We want you to be satisfied with the service you receive from us. If for any reason you are not satisfied, please inform us by post to Customer Services, M-viron, c/o Mainline Fulfilment Centre, Century Court, First Avenue, Centrum 100, Burton on Trent, Staffordshire DE14 2GR , by e-mail to m-viron@mainline.uk.com, or by telephone on 0845 217 1775. We shall deal with your complaints and aim to reply within 7 working days of receiving your complaint.
5. We work hard to make sure information on the website is accurate and up to date, let us know if you find anything that is wrong. No representations are made by us or our directors that the information is accurate and up to date, or complete, and subject to the provisions of clause 3 in respect of our liability below we do not accept any liability for loss arising from any inaccuracy or information that is out of date on our website.
6. Availability of goods, services and information may change without notice.
Cash-back Offers
Where we provide cash-back offers, you will need to pay the full price of the line rental for the periods set out in your agreement with Orange before you will be eligible to receive a cheque or cheques equal to any cash-back offer. These cheques will be sent by us directly to you. The procedure for claiming cash back will be set out on our e-mail confirming your order. At the time of claiming cash-back, you must still be on the same, or a higher value tariff on the Orange Network. Cash-back cheques will only be payable to the person who originally entered into an order with us. No cash-back will be paid in respect of any handsets returned to us under our returns policies.
Limitations of Liability
1. Subject to clause 3 below we will not be liable to you for any loss arising from your use of the website or information contained on it.
2. Subject to clause 3 below we shall not be liable for any losses which arise under any contract between you and us which:
2.1 were not foreseeable to you or us at the time when the contract was made;
2.2 relate to any business undertaken by you; and/or
2.3 were not caused by a breach of these terms and conditions by us, our agents or employees.
3. Nothing in these terms and conditions seeks to limit liability for:
2.1 death or personal injury caused by our negligence; or
2.2 fraudulent misrepresentation by us;
2.3 any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.
4. We do not accept any liability of whatever nature for any acts omissions or default, whether negligent or otherwise, of Orange. Without limiting the provisions of disclaimer in these terms and conditions, you agree to be bound by the terms of any contract between Orange and yourself.
5. We do not accept any liability for any matter caused by force majeure including act of God, strike or other industrial dispute or action, war, civil unrest, severe weather, shortages of product supplies, or any other events which are beyond our control and which are not preventable on our part.
6. This website may include links to other sites or material which is beyond our control. We are not responsible for such sites nor do we review or endorse these. We will not be liable, directly or indirectly, for the practices of these sites or for any damage, loss or offence caused or alleged to be caused in connection with reliance on any aspect of such external site.
Returns
1. Cooling Off Period
1. You may cancel your contract for the supply of goods by us at any time during the period from when the contract is made to 7 working days after the goods are delivered to you.
2. If you wish to cancel the contract for goods during the cooling off period you must:
2.1 notify us in writing at M-viron, c/o Mainline Fulfilment Centre, Century Court, First Avenue, Centrum 100, Burton on Trent, Staffordshire DE14 2GR, by e-mail to m-viron@mainline.uk.com or by fax to 01283 500 200; and
2.2 return the goods to us at M-viron c/o Mainline Fulfilment Centre, Century Court, First Avenue, Centrum 100, Burton on Trent, Staffordshire DE14 2GR at your own expense; and
2.3 keep the goods in your possession and take reasonable care of them before you return them to us
3. We will refund the price paid by you for the goods within 30 days from the day on which your notice of cancellation was sent to us in a manner set out at clause 2.1 above.
4. If you fail to:
4.1 return the goods to us;
4.2 take reasonable care of goods; and/or
4.3 take reasonable care to see that we receive the goods and to see that they are not damaged in transit (we recommend that they are returned by special delivery)
we may take legal proceedings to recover any damages, costs or other expenses which we incur as a result.
5. Your right to cancel the contract for goods during the cooling off period shall not apply to goods:
5.1 which have been personalised or made to your specification; or
5.2 which are computer software unsealed by you.
2. 28 Day Replacement Guarantee
(i) Faulty Handsets:
We also offer a 28 day replacement guarantee for faulty handsets. If you return faulty handsets to us we will issue you with a replacement handset provided that we can verify that the handset is faulty. This guarantee is subject to you providing a receipt as proof that the handset was purchased and returned within 28 days. This 28 day replacement guarantee applies to both Orange branded and generic handsets supplied to Pay Monthly, Pay As You Go and upgrade customers. Replacements will be on a 'like for like' basis.
After 28 days there is no return or exchange of faulty handsets. You can send the faulty handsets off for repair or contact the original manufacturer with a query. If you have an Orange branded handset you may also contact Orange if you have taken out a care agreement.
(ii) Accessories
If you return a faulty accessory to us within 28 days of purchase we will either refund or replace the accessory if we can verify that the accessory is faulty. Before a refund or replacement can be issued we will require a receipt as proof that the accessory was purchased from us and has been returned within 28 days. Any replacement will be on a 'like for like' basis.
If you wish to return any handset and/or accessory to us under our 28 Day Replacement Guarantee you should:
(a) In the first instance contact us by e-mail to m-viron@mainline.uk.com or by fax on 01283 500 200 to obtain a returns authorisation form; and
(b) return the handset or accessory to us at M-viron c/o Mainline Fulfilment Centre, Century Court, First Avenue, Centrum 100, Burton on Trent, Staffordshire DE14 2GR at your own expense. If we are happy that the handset or accessory is faulty we shall reimburse to you the reasonable costs of packaging and carriage upon provision by you of evidence of the costs you have incurred.
Copyright
Material on our website and all materials issued by us are protected by copyright. Do not copy anything on this website without our prior written consent. We do not give permission for you to re-publish, alter, transmit or otherwise copy any material on this website, but you may download information from this website for your own personal use. Except as otherwise expressly permitted by law, no copying, re-distribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without our express written permission and that of any relevant copyright owner.
Relevant Law and General
1. In using this website you agree that English Law shall apply to the terms and conditions in any contract between us and to submit to the jurisdiction of the English Courts if a dispute arises. We aim to ensure our website complies with English Law, but not necessarily the laws of any other country.
2. Any formal legal notices should be sent to us by post to our registered office address which is set out at the beginning of these terms and conditions.
3. Failure by either of us to enforce a right does not result in a waiver of such right.
4. If any provision of these terms and conditions shall be deemed unlawful, void, or unenforceable, then you agree that provision shall be severable from these terms and conditions and shall not affect the validity or enforceability of remaining terms and conditions.
5. Your contract with us is personal to you and you may not assign it.
6. We may assign our rights in your contract with us only if such assignment does not prejudice your rights in the contract.
7. We may amend these terms and conditions at any time by posting a variation on our website.
8. Except as expressly stated in these terms and conditions we agree that no rights or benefits shall accrue to third parties (howsoever arising) under these terms and conditions.