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Extrafone.com Customer Terms and Conditions

These terms and conditions (the "Terms") govern the customer's ("Customer" or "Customer's" or "You" or "Yours") use of this website [www.extrafone.com] ("the Website") together with any activities related thereto and governs Customer's relationship with Stema Limited trading as Extrafone ("Extrafone").

Please read these Terms carefully as they affect the Customer's rights and liabilities under law. If You do not agree to these Terms, You must not access or use the Website. If You have any queries regarding these Terms then please contacts us at customerservice@extrafone.com

A. USE OF THE WEBSITE

1. Agreement
By using the Website Customer agrees to be bound by these Terms.

2. Amendments
Extrafone reserves the right to:

• Update or replace these Terms from time to time. Changes will be notified to Customer via the Website. It is the Customer's responsibility to check regularly for such changes. If You do not wish to accept the revised Terms You must not continue to use the Website. If You continue to use the Website after the date on which the change comes into effect, Your use of the Website constitutes Your agreement to be bound by the new or revised Terms; and
• modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to You and You confirm that we shall not be liable to You for any such modification or withdrawal.

3. Registration
You warrant that:

• The personal information which You are required to provide when You register is true, accurate, current and complete in all respects; and
  
• You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at: E-mail address: customerservice@extrafone.com; and
• You are at least 18 years of age.

4. Privacy Policy
We will treat all Your personal information:

• As confidential and will only disclose the same in the circumstances set out below; and
• in accordance with Data Protection legislation from time to time in force in England and Wales.

When You shop on this Website, we will ask You to input personal details in order for us to identify You. Such personal details may comprise but shall not necessarily be limited to; Your name, e-mail address, billing address, delivery address, credit card or other payment information. We will use Your personal information for the following purposes:

• Processing Your orders;
• to administer this Website;
• for statistical purposes to improve this Website and its services;
• subject to not having received notice from You requesting the withholding of such to notify You of products or special offers that may be of interest to You;
• subject to not having received notice from You requesting the withholding of such to disclose to other members within our group of companies and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.

If You have not objected during the registration process, but do not want us to:

• Contact You regarding products or services which may be of interest to You; or
• to transfer Your data to group companies and third parties so that they can contact You about their products and services; then please write to us at

Extrafone
213 Old Street
London
EC1V 9NR
United Kingdom

and notify us accordingly.

• Subject to Your rights of objection, You agree that personal information may be disclosed to other businesses within our group of companies and to reputable third parties who will help process Your order. In addition, You do not object to us, our group companies or third parties contacting You for the purposes set out above, whether this be by fax, telephone, e-mail, SMS or in writing and You do not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
• We can provide a full schedule of all information collected on an individual for a fee of £10.00, for which we will require significant proof of identification. In accordance with the Data Protection Act 1998 the information will be provided within 40 days of required level of identification.
• You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide Your personal information, we are entitled to do so.

5. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

• Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
• any material which is defamatory, offensive or of an obscene character.

6. Indemnity
You agree to fully indemnify, defend and hold Extrafone, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by You, or any other liabilities arising out of Your use of this Website or any other person accessing the Website using Your personal information.

7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For Your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

B. PURCHASE OF PRODUCTS

8. Orders
All orders are subject to acceptance by Extrafone and availability. If the goods ordered are not available, You will be notified by e-mail (or by other means if no e-mail address has been provided) and You will have the option either to wait until the item is available from stock or to cancel Your order. Any orders placed by You will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of Your order which You may receive from us shall not amount to our acceptance of Your offer to purchase goods or services advertised on the Website. The conclusion of a contract between You and us will take place when we (i) debit Your credit or debit card or (ii) despatch the goods to You or commence the services, whichever is the earlier.

We will take reasonable care, in so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss You may suffer if a third party procures unauthorised access to any data provided by You when accessing or ordering from the Website.

Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that You read such additional terms.

9. Licensing
Some goods may be licensed to the Customer and You hereby agree in respect of licensed goods:

• to comply with all licence terms of the owner and/or Extrafone that are notified to you from time to time; and
• not to do any act or fail to do any act that has the possible effect of compromising the owners rights in licensed goods; and
• not to sub-license or transfer to any third party any licence granted to You.

10. Cancellation Rights
Where You have purchased the goods or services as a consumer (i.e. for private use as opposed to business use) please note that You are entitled to cancel any order placed within 7 days of receipt of the placement of such order.

Once received by the Customer You have a period of 48 hours in which to confirm that the goods and/or services are in accordance with their published specification. If you have not notified us within this 48 hour period that the goods and or services are not in accordance with their specification they will be deemed to have been accepted by You.

For any goods and/or services which are stated in their specification to have a warranty period You may notify Extrafone of any request for warranty service in accordance with the instructions detailed below.

If You do cancel an order pursuant to this clause 10, or reject goods and/or services or require warranty service then:

• You must notify Extrafone in writing detailing Your request by sending an e-mail to customer.service@extrafone.com or a first class letter to

Extrafone
213 Old Street
London
EC1V 9NR
United Kingdom

In all such events we will notify You either in writing or by email with Our instructions. Until You have complied with our instructions You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered to You.

• we will notify You of the means by which the goods and/or services are to be returned to Extrafone or the manufacturer thereof. You will be responsible for the cost of returning the goods or services, and Extrafone may deduct this from any sum owed to You.

Refunds where appropriate will be provided within 30 days.

If any returned goods are not faulty and the goods contain software that has been opened a 25% restocking fee will apply.

11. Price and Payment
All prices listed on the site exclude VAT and any other local taxes that may apply unless stated otherwise.

Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the despatch of Your good or provision of the service to You.

You confirm that the credit or debit card that is being used is Yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to You for any delay or non-delivery.

12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law You must:

• If an individual, be 18 years of age or over; and
• register Your real name, address, phone number, e-mail address any other details requested; and
• possess a valid debit/credit card issued by a bank to You that is acceptable to us

By offering to purchase goods and services You represent to us that You are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, Your debit or credit card numbers or credit reports to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

13. Mobile Phone Connections
If you are purchasing a Vodafone connection you are agreeing to the Vodafone full terms and conditions that should be viewed and downloaded here
If you are purchasing a T-Mobile connection you are agreeing to the T-Mobile full terms and conditions that should be viewed and downloaded here
If you are purchasing an Orange connection you are agreeing to the Orange full terms and conditions that should be viewed and downloaded here
If you are purchasing a Three connection you are agreeing to the Three full terms and conditions that should be viewed and downloaded here
If you are a consumer purchasing an O2 connection you are agreeing to the O2 full terms and conditions that should be viewed and downloaded here
If you are a business purchasing an O2 connection you are agreeing to the O2 full terms and conditions that should be viewed and downloaded here

14. Early Termination of Air Time Contracts / Changing of Tariffs
In respect of “Air Time Contracts” the following additional terms shall apply:
Subject to Section 10 “Cancellation within the first 7 days” if You are disconnected from the network for any reason within the period of 120 days from your initial billing date, You will pay Us a minimum additional sum of £200 plus VAT per handset.

In the event that You are permitted and elect to downgrade your tariff in the first 120 days from your initial billing date ("first period") You will pay Us a minimum additional sum of £100 plus VAT per handset. Should You change your tariff during the first 120 days from your initial billing date, either up or down, the "first period" will start again.

All charges will be dependent on the tariff in operation at the time of disconnection or downgrading and the handset supplied. All payments shall be made within 30 days of date of invoice.

Note: some networks and service providers will not allow tariff downgrades during a contract. It is in Your responsibility to select the tariff that is most suitable for Your needs. You may currently upgrade your tariff with all networks.

If You have supplied Us with Your credit or debit card details You hereby expressly authorise Us to deduct the above amounts from your card account in the event of either of the above conditions arising.

Notice of disconnection and termination of your contract may be given so as to be effective on the anniversary of your initial connection date or anytime thereafter. 

15. Cash-back or Reduced Line Rental
In respect of “Cash-back or Reduced Line Rental” deals the following additional terms shall apply:

Cash-back or Reduced Line Rental payments for '3' contracts are made as follows:

For qualifying 12 month contracts the '3' Network will apply the discount for the first 3 months.  For the remaining Reduced Line Rental entitlement or for Cash-back You will claim from Us. The payments will be made in two stages and You must; 1). return to Us, during the seventh month from your initial billing period, ALL 6 of your monthly invoices (originals only); and, 2). return to Us, during the 28 days following your twelfth month from your initial billing period, the remaining 6 of your monthly invoices (originals only).  The Reduced Line Rental will only be paid on the tariff signed up to on connection or to the value of a lesser tariff after the initial six month period of the contract.

For qualifying 18 month contracts the '3' Network will apply the discount for the first 6 months.  For the remaining Reduced Line Rental entitlement or for Cash-back You will to claim from Us. The payments will be made in two stages and You must; 1). return to Us, during the twelfth month from your initial billing period, ALL 12 of your monthly invoices (originals only); and, 2). return to Us, during the 28 days following your eighteenth month from your initial billing period, the remaining 6 of your monthly invoices (originals only).  The Reduced Line Rental will only be paid on the tariff signed up to on connection or to the value of a lesser tariff after the initial six month period of the contract.

You should allow 28 days for payment of your Cash-back or Reduced Line Rental, which will be credited directly to the bank account as originally supplied to Us.  At the time of claim Your mobile number must not be disconnected, barred or pending disconnection.  In the event that another mobile number is held on the same network billing account and is disconnected within 90 days from connection of Your new mobile number the Cash-back or Reduced Line Rental claim will be void as this is viewed as a de-connection and re-connection by the network. The Cash-back or Reduced Line Rental claim must be received by Extrafone within twenty-eight days following the twelfth months of connection of your new mobile number and Extrafone cannot be held responsible for non-receipt of your claim.  All Cash-back or Reduced Line Rental claims should be sent to EXTRAFONE, 213 Old Street, London, EC1V 9NR.  You should wherever possible use recorded delivery when filing Your claim. All offers are subject to status and connection with a new number for the minimum contract period selected on connection. Upgrades and network migrations are excluded from these offers.

Please note:
Some of the Cash-back or Reduced Line Rental deals require You to either extend Your existing agreement or enter into a new agreement with Us for a minimum of another 12 months although this may involve a change of network we will where possible make reasonable efforts to enable You to retain your mobile number.

For security reasons, We require details of a credit / debit card from all customers. This card will be used to take necessary payment (if there is no charge for your goods or services) and also to verify Your address. This procedure is standard practice for all online mobile phone dealers. Please note that using a credit card will dramatically speed up your application.

Our terms & conditions fully incorporate the relevant network’s terms & conditions.  In the event of a conflict of terms the Terms of Extrafone shall prevail.

16. Free Insurance Offer
If you eligible and choose to accept the Free Insurance Offer that is displayed on our site you will receive all the details regarding your mobile phone insurance in the post and if for any reason you are not happy you can always cancel the insurance at any time as there is no minimum term.  The insurance is not offered for sale by Extrafone.  The insurance is offered by Mobile Phone World Limited who are authorised and regulated by the Financial Services Authority.  To avail you of this offer Extrafone will pass your bank and personal details will be passed to Mobile Phone World Limited only in order to set up my insurance cover.

C. GENERAL

17. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and You acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

18. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:

• will affect or limit Your rights as a consumer under English law; or
• will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by You. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems You may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• Incompatibility of the Website with any of Your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Website
• unsuitability, unreliability or inaccuracy of the Website
• inadequacy of the Website to meet Your requirements

To the full extent allowed by applicable law, You agree that Extrafone will not be liable to You or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

19. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

20. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

21. Law and Jurisdiction
The Website is controlled and operated in the United Kingdom. The Terms will be governed by the laws of England and Wales and You irrevocably agree to submit to the exclusive jurisdiction of the English courts.