- Agreement
By using the Website you agree to be bound by these Terms.
- Amendments
We reserve the right to:
Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should 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 indicates your agreement to be bound by the new 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 modification to or withdrawal of the Website or its contents.
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 are not impersonating any other person or entity
you will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
e-mail address: customerservices@asda-phones.co.uk
Telephone Number: 0845 3666 990
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 as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office. 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 to you; if you have not objected during the registration process, to notify you of products or special offers that may be of interest to you
if you have not objected during the registration process, 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 ASDA Phones, 2020 Mobile Group, Weston Road, Crewe, Cheshire, CW1 6BU 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.
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.
The information you enter may be transferred outside the European Economic Area for the purpose of marketing. Any transfer of personal information outside of the European Economic Area is done in circumstances ensuring that the information is processed only in accordance with this Privacy Policy and the UK's Data Protection Act. By submitting your details, you consent to this transfer.
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
Indemnity
You agree to fully indemnify, defend and hold us, 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.
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
Orders
All orders are subject to acceptance 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 acknowledgment 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 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 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.
To ensure availability of all our mobile phones, customers of contract / pay-monthly phones are limited to a maximum of one phone per order, and customers ordering Pay As you Go / pay as you go phones are limited to two phones per order.
Delivery
Contract Mobile Phones
Order before 12pm for Free Next Working Day delivery via Royal Mail Special Delivery Service on all pay monthly / contract phone purchases.
We will only deliver within mainland UK, to your home address.
We will endeavour to deliver all orders received before 12pm within the guidelines below, however should your order be delayed we will advise you of this and give you an anticipated revised delivery date. Should your order be received after 12pm this will be treated, for delivery purposes, as an order received the following day.
Delivery is Free of charge on all Contract Mobile Phones
Pay As You Go Mobile Phones and Mobile Accessories
Order before 12pm for Next Working Day delivery
All Pay As You Go Mobile Phone purchases will automatically be sent using Royal Mail's Special Delivery service.
Delivery is Free of charge on all Pay as You Go Mobile Phones and Satellite Navigation.
For additional security all Accessory orders with a value of £25.00 or more will automatically be sent using Royal Mail Special Delivery.
Accessory orders with a value of less than £6.00 will be delivered by Royal Mail 1st Class Post. Orders with a value greater than £6.00 and less than £25.00 will be delivered by Royal Mail 1st Class Recorded. Although orders are usually received within 2 working days, please allow up to 5. If delivery is unsuccessful, a card is left to arrange collection or redelivery for orders delivered by Royal Mail 1st Class Recorded.
Delivery of all Accessories orders is Free of charge.
Please note that we are unable to ship to addresses outside of the United Kingdom.
Any orders placed from outside of the United Kingdom will automatically be cancelled.
Royal Mail Special Delivery
(Applies to all pay monthly / contract, Sim Free, Pay As You Go and Accessory purchases with an order value of £25 or more)
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Royal Mail 1st Class Recorded Delivery & First Class Post
(Applies to all Accessory purchases with an order value of £25 or less)
Usually delivered within 2 working days, however please allow up to 5.
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Cancellation Rights
Please note that you are entitled to cancel any contract completed with us within 7 days of receipt of the goods or services.
If you do cancel a contract, then:
you must notify us in writing by sending an e-mail to customerservices@asda-phones.co.uk or a letter to
ASDA Phones, 2020 Mobile Group, Weston Road, Crewe, CW1 6BU;
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 until such time as the goods or services are either collected by us or delivered back to us by you;
we will notify you of when we wish to collect the goods or services. The goods and services will be collected by us within 28 days of our receiving your cancellation notice and we will charge the cost of collecting the goods or services, and will deduct this from any sum owed by us to you. Alternatively, you can return the goods or services to us by contacting a customer service operator on 0845 3666 990 who will be able to provide you with address details;
We regret that ASDA Phones cannot be held responsible for non-delivery of returned goods so we recommend you get a certificate of posting from the Post Office.
Items bought through ASDA Phones cannot be returned to an ASDA store.
We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice.
Price and Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
Payment can be made by any major credit or debit card. However, we do not accept American Express, Diners Club, Solo or Electron cards. 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.
- Eligibilty 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
stipulate a delivery address in the United Kingdom (excluding the Channel Islands); and
register your real name, address, phone number, e-mail address any other details requested; and
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 (included 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.
C. GENERAL
- 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.
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 to 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 we 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.
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
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
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.
D. CONTRACT PURCHASES
- Your Purchase
All goods offered on this website are subject to availability. Should we be unable to fulfil your order due to stock shortages then we shall contact you to advise you of our expected delivery date. All prices quoted include VAT at 17.5%. Payments shall be processed using the credit/debit card entered on the website only. This card must be registered to you at your current address.
Your Mobile Phone Contract
All applications are subject to status. The purchase of your mobile phone is subject to a minimum term contract with your chosen network. Please also ensure you understand the terms and conditions of your chosen network. Your details will be submitted to the network / service provider who will undertake a credit check and verify your relevant proofs. You will be advised should your application be declined or if you are required to pay a deposit. Please ensure that you have recorded all of your details accurately as your order may be delayed if we need to contact you for clarification.
Your Tariff & Obligations
If you have chosen a contract, this is dependent upon your subscription to your selected network and tariff. Should you reduce your tariff with the network within the first six months of your contract you will be liable for a £200 charge. This will be charged to your credit/debit card. Changes to your tariff will also result in any cash back offer being withdrawn. In light of the above we would suggest that you refrain from changing your tariff within the first six months of your contract.
Should you disconnect within the term of your contract or fail to settle your account with your chosen network then we reserve the right to charge you the full cost price of your handset plus a £20 administration fee.
Your Insurance
Applies to Contract Mobile Phone Purchases Only.
The key features of your insurance include protection for your mobile phone against theft and accidental damage as well as electrical and mechanical breakdown, plus it is absolutely free for the first 3 months.
After the 3 months FREE insurance, you will pay just £3.97 per month.
Our Mobile Phone Insurance Terms and Conditions
To view these Mobile Phone Terms And Conditions you will need to have the Adobe Acrobat Reader installed. This can be accessed from here.
Customer Satisfaction
We hope that you will be happy with your purchase, however should you wish to return your phone then you can do so within the first 7 days following receipt of your purchase. You may use your phone within this period but will need to pay for any calls and line rental incurred up to disconnection. Your phone and any accessories will only be accepted back if the package is complete and they are in their original condition. You will need to contact customerservices@asda-phones.co.uk to arrange your disconnection at which time you will be informed of the returns procedure. Returns will not be authorised if you are outside of the 7 day period.
Warranty
If your phone develops a fault within 28 days on the Orange & T-Mobile network or within 14-days on Vodafone & O2 network you may return the phone and we will swap the handset for you. To do this you must contact our customer services department either by phone 0845 3666 990 or via e-mail: customerservices@asda-phones.co.uk to advise them of the fault. Once you have done this you must re-package your phone in its original packaging ensuring that the phone is in pristine condition along with the original items as below:
- Phone book manual
- Battery
- Mains Charger
- Data Cable
- Replacement CD ROM
PLEASE RETAIN THE SIM CARD & ANY ACCESSORIES.
Once you have re-packaged the items (taking care to conceal the fact that it is a mobile phone to any would be thieves) you must post them by Royal Mail Special Delivery (you will need to visit your local post office for this service) to the address given to you by Customer Care.
We only allow mobile phones to be returned to us via Royal Mail Special Delivery because you will be covered by comprehensive insurance whilst the phone is in transit.
Please be aware that if you use any other means of transit and the phone is subsequently lost / stolen then you will be liable for a charge of up to £500 to cover the cost of the lost /stolen phone.
Once we have received the faulty phone, we will contact you to arrange delivery of a replacement phone. Please note that your replacement phone will be a like for like handset. In the event of a stock shortage or a discontinued product, we reserve the right to suggest and supply an alternative handset with similar features.
Your mobile phone is covered by a manufacturer’s guarantee. Should you have any problems with your phone after 28 days then please refer to your handbook where you will find the relevant helpline. This warranty will not cover any accidental damage.
Your Personal Details
The details you provide on this site will be used by your chosen network to make searches about you at credit reference agencies who will supply them with credit information, as well as information from the Electoral Register.
The agencies will record details of the search whether or not this application proceeds. They may use credit-scoring methods to assess this application and to verify your identity. Credit searches and other information which is provided to your chosen network and / or the credit reference agencies, about you and those with whom you are linked financially may be used by the organisation and other companies if credit decisions are made about you, or other members of your household.
The personal details that you have supplied will be passed on to the relevant network and insurance provider. We may use your details within our group of companies to offer you additional, value for money products.
Our Guarantee To You
We make every effort to ensure that the details and offers within this web site are accurate. However, due to the nature of the mobile phone industry we may have to withdraw or change our deals at short notice. You will be informed immediately if your order cannot be fulfilled and we will endeavour to find you a suitable replacement.
Should you require clarification of any of the above details then please contact us on 0845 3666 990 (between the hours of 9.00am – 7.00pm Monday to Friday).
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Free Gift
The Free Gift with contract phones will be sent 28 days after the date of connection. This offer is subject to continued connection on the network and tariff you have chosen. Gift’s will not be sent if you return within the first 14 days of connection.
The free gift will not show in your basket or on the order confirmation but will be listed on the final invoice at a zero value.
In extrodinary circumstances an alternative gift maybe supplied.
Guaranteed Cash Back
Guaranteed cash back will be paid by BACS transfer 4 months after connection date.
This will be credited to the account your monthly contract invoice is paid from.
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£15 LinkSave - online
The ASDA mobile Price Plan can be found in full at www.asda.com or requested from us by calling ASDA mobile on 0845 303 2732 (your normal call charges apply). If you have bought an ASDA mobile phone from an ASDA Store, ASDA website or from ASDA over the telephone and in the event that you are not fully satisfied with your purchase you may return the phone to the same point of purchase within 28 days of receipt. Any ASDA mobile phone returned for a refund must be returned in good working order, with the original packaging and SIM card present. Any services, free or discounted products, vouchers, coupons or any gift or inducement of any type received as a result of purchasing the phone must also be returned in full or a deduction made from the refund value for the value of items not returned.