Terms of Website Use
These terms and conditions apply to your use of the Website and by accessing this Website, you agree to be bound by the terms and conditions set out below. Before you place an order, if you have any questions relating to these terms and conditions please contact our customer service representatives by e-mail by clicking here, or call us on 0870 3331868 between 10am to 5pm Monday to Friday.
This site complies with appropriate UK legislation and it is to be used only by persons who access it from within the UK and the services on this site are only available to UK residents.
"Conditions" means these terms and conditions and the "Special Conditions";
"Goods" means goods displayed for sale on the Website;
"Online Sales" means sales of Goods and Services conducted through the Website;
"Personal Information" means the details provided by you on registration;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
"Services" means services displayed for sale on the Website;
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1;
"Users" means the users of the Website collectively;
"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website;
"Us/Our/We/ Travel Phone Shop" means Travel Phone Shop, Trading Division of Pathfinder GTM Limited, a company registered in England and Wales under the number 06849879 with registered office located at c/o Hillier Hopkins LLP, First Floor Radius House, 51 Clarendon Road, Watford, WD171HP, VAT number 947 4785 67
"Website" means the website located at www.travelphoneshop.com or any subsequent URL which may replace it; and
"You/Your" means a user of the Website.
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via E-mail We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
A. USE OF THE WEBSITE
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
2. Your Obligations
2.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.6 will not attempt any unauthorised access to any part or component of the Website;
2.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
2.8 the Personal Information which You are required to provide when You register as a customer is true, accurate, current and complete in all respects; and
2.9 will notify us immediately of any changes to the Personal Information by contacting our customer service representatives by e-mail by to email@example.com, or calling us free on 0870 3331868 between 10am to 5pm Monday to Friday.
2.10 will not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
4. Our Rights
4.1. We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5. Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
B. PURCHASE OF GOODS/SERVICES
7. Contract creation and electronic contracting
7.1 The technical steps required to create the contract between You and Us are as follows:
7.1.1 You place the order for Your Products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
7.1.2 We will send to You an order acknowledgement email detailing the products You have ordered. This is not an order confirmation or order acceptance from Us.
7.1.3 As Your product is shipped from our warehouse We will send you a despatch confirmation email.
7.1.4 Order acceptance and the completion of the contract between You and Us will take place on the despatch to you of the Products ordered unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these conditions.
7.2 Non-acceptance of an order may be a result of one of the following:
7.2.1 The product you ordered being unavailable from stock.
7.2.2 Our inability to obtain authorisation for your payment.
7.2.3 The identification of a pricing or product description error.
7.3 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
8.1 All orders are subject to acceptance and availability. If the Goods You have ordered is not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock, receive a substitute of equivalent price or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.
8.2 We will take all 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 are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
8.3 You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
8.4 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
8.5 Please note that we may not be able to port/transfer telephone numbers to Goods purchased online. If you wish to keep your current telephone number, please contact 0870 087 0870 and speak to a member of our team before confirming your online purchase.
9. Offers to Purchase and Description of Goods/Services
9.1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
9.2 Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We despatch the Good to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject an y offer to purchase made by You at any time.
9.3 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.
10. Refusal of transaction
10.1 We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
10.2 To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:
10.2.1 Register by providing your real name, phone number, e-mail address, payment details and other requested information
10.2.2 Be over 18 years of age
10.2.3 Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
10.2.4 Possess a valid credit or debit card issued by a bank acceptable to us
10.3 By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number 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.
11. Right of Cancellation
11.1 If you are a private consumer you may cancel any purchase at any time within 7 working days from the day after completing your order for the Services (in respect of Services) or 7 working days from the day after receipt of the Goods (in respect of Goods) ("Trial Period") without incurring any obligation or liability to us, however, you may not cancel any services once we have started to provide them with your agreement. In the event of any such cancellation you must return the Goods (including any accessories which were included in the price of the Goods) with proof of purchase, at your cost by sending it special delivery to the address in clause 11.2 below. Please note that if you do not return all accessories that were included with the Goods, we shall be entitled to charge you for the cost of the missing items. If you do not return the Goods to us in accordance with this Agreement, you must make the Goods available for collection and we may charge you the costs we incur in collecting it. You may examine the Goods, but must take reasonable care of it until returned or collected (preferably in its original packaging).
11.2 You will be responsible for any delivery costs associated with returning the goods unless the goods are faulty or are a substitute for something you had previously ordered but was not available.
11.3 If, after notifying us of your intention to cancel your contract within the Trial Period, you have failed to return your Goods by sending them special delivery to Travel Phone Shop, Trading Division of Pathfinder GTM Limited, Unit 2 Watford Centre, Dwight Road, Watford, Hertfordshire, WD189SS or you fail to make them available for collection as requested, you hereby irrevocably agree to pay Travel Phone Shop, Trading Division of Pathfinder GTM Limited, the retail price of the Goods and you authorise us to take this amount from your credit or debit card or through such other means as we may require.
11.4 If you cancel your contract you must:
11.4.1 either notify us in by email to firstname.lastname@example.org or by phone on 0870 3331868 between 10am to 5pm Monday to Friday;
11.4.2 retain possession of the Goods;
11.4.3 take reasonable care of the Goods until we collect the Goods, or deliver the Goods to us; and
11.4.4 ensure that the Goods are returned, or made available for collection, (as the case may be) in the same condition as it was when they were delivered to, or collected by, you (as the case may be).
11.45 If you cancel your contract, we will refund the monies you have paid to us within 30 days of you giving notice under the relevant contract.
12. Your Personal Data
12.1 We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.
12.2 We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information ("Your Information") may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use our products and services together with general information about the way you pay and manage your account. In the event that we undergo re-organisation or are sold to a third party you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.
12.3 Your Information may be held and used by us for a number of purposes and we may use third parties to support us with purposes which include, without limitation:
12.3.1 processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes;
12.3.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about Travel Phone Shop, Trading Division of Pathfinder GTM Limited, products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may also use Your Information for the purpose of testing our internal systems and developing new products and services. We may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you give us Your Information; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;
12.3.3 passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and our group companies' loyalty or reward programmes and other similar schemes;
12.3.4 carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
12.3.5 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer. We may also use your information for the purpose of testing our internal systems and developing new products and services.
12.4 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
12.4.1 any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;
12.4.2 any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
12.4.3 any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
12.5 It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from you and other members of your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Information for operating a publicly accessible directory service.
12.6 A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.ico.gov.uk.
12.7 If you would like us to tell you what information we hold about you, please write to: The Data Controller, Travel Phone Shop, Trading Division of Pathfinder GTM Limited, Unit 2 Watford Centre, Dwight Road, Watford, Hertfordshire, WD189SS. We may charge a £10.00 administration fee; please quote your mobile and/or account number on all requests. You can also call us on 0870 333 1868 to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries.
12.8 If you do not wish your details to be used for the purposes described in Clauses 12.2 and 12.3 , please write to The Data Controller, Travel Phone Shop Trading Division of Pathfinder GTM Limited, Unit 2 Watford Centre, Dwight Road, Wartford, Hertfordshire, WD189SS stating your full name, address, account number and mobile phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in Clause 12.3 in respect of agreements relating to other products and/or services.
12.9 Subject to your rights of objection set out in this clause, and your right of objection in the registration process, you agree that you consent to us or third parties contacting you for any of the above purposes whether by telephone, email, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
12.10 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also res