PhoneGoods Terms & Conditions of Sale/Service/Use
The following terms and conditions ('the Conditions') are the terms on which PhoneGoods sells it's products and services and supersedes all other terms and conditions relating to the subject matter of these Conditions.
- Price and Payment -- The price for the product or service ('the Price') shall be the quoted price of the seller ('PhoneGoods'), and payment of the Price shall be made by the buyer before delivery of the product or service.
- Product -- The description and quality of the product to be sold ('the Product') shall be as set out in the description provided by the seller to the buyer ('the Description').
- Service -- The description and quality of the service to be sold ('the Service') shall be as set out in the description provided by the deller to the buyer ('the Description').
- Delivery -- The seller shall deliver the product or service to the buyer at the postal address or e-mail address of the buyer (whichever is most appropriate to the transaction) as shown on the buyer's submission. Time shall not be of the essence for delivery.
- Acceptance -- The buyer shall be deemed to have accepted the product or service if the product or service has not been rejected on or before the 3rd day after delivery. The buyer shall not be entitled to reject the product or service in whole or in part after such date.
- Title and Risk --
- 6.1. The product or service shall be at the risk of the Buyer following delivery.
- 6.2. Notwithstanding delivery, title in the product or service shall not pass to the buyer until the Buyer has made payment of all sums owing to the seller.
- 6.3. Until such time as title in the product or service passes to the buyer, the seller shall have the right to withhold the product or service.
- Limitation of Liability --
- 7.1. Save in respect of personal injury or death due to the negligence of the seller, the seller shall not be liable to the buyer in respect of any loss suffered by the buyer due to any defect in the product or service.
- 7.2. Without prejudice to Condition 7.1, the seller shall not be liable to the buyer or any third party for any loss of profit, consequential or other economic loss suffered by the buyer arising in any way from this agreement.
- 7.3. Save in respect of personal injury or death due to the negligence of the Seller the liability of the seller under these conditions shall not exceed the price.
- Force Majeure -- The seller shall not be liable for any default due to any circumstance beyond the reasonable control of the seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers of the supplier.
- General --
- 9.1. If any term or provision of these conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- 9.2. The Seller may without the consent of the buyer sublicense its rights or obligations or any part of these conditions.
- 9.3. The headings in these conditions are for ease of reference only and shall not affect the interpretation of any of the conditions.
- Entire Agreement -- Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this agreement and that it's only remedies shall be for breach of contract.
- Governing Law and Jurisdiction -- This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
- Remote Unlock Codes Guarantee -- PhoneGoods can only guarantee that the remote unlock codes service will fulfill the customers expectations if the following criteria are met:
- 12.1. The information provided on the order submission form when ordering the service is valid and correct
- 12.2. The instructions provided with the service have been followed EXACTLY as specified
- 12.3. The target mobile phone is not faulty, damaged, stolen or blacklisted
- 12.4. The target mobile phone is not already unlocked
- 12.5. The software of the target mobile phone has never been altered, changed or tampered with in any way
- 12.6. The IMEI/Serial number of the target mobile phone has never been altered, changed or tampered with in any way
- 12.7. The phone has never been subjected to unlock attempts prior to obtaining remote unlock codes from PhoneGoods
A refund shall not be warranted if all of the above criteria are not met.
PhoneGoods will endeavor to solve any problem any customer may have while attempting to use our service, however liability for the success of the service lies solely with the consumer. Furthermore, PhoneGoods cannot guarantee that this service will enable the target handset to operate on any specific network. Certain handsets will operate only on certain networks.
- Previous Unlock Attempts (Remote Unlock Codes Service) -- PhoneGoods cannot guarantee success with remote unlock codes we supply if the target handset has been subjected to a previous unlock attempt. The customer accepts that a refund, in part or in full, will not be offered or given where the remote unlock codes supplied by PhoneGoods have failed because the target handset has been subjected to a previous unlock attempt.
- Anti-Fraud Measures (Remote Unlock Codes Service) -- In the unlikely event that the remote unlock codes we provide fail to unlock a customers mobile phone, and if all criteria in Section 12 of these terms & conditions are met, PhoneGoods will seek further evidence to support the customers claim that the provided remote unlock codes failed to remove the network restriction on their mobile phone before any claim for a refund can be satisfied. The customer will be required to send the target handset - with the network restriction still in place - to PhoneGoods for investigation purposes. The network restriction MUST still be in place when the handset reaches us. If the network restriction has been removed when the handset reaches us - even if the customer states that they used another service to remove the network restriction - we will assume that the remote unlock codes we provided have unlocked the handset, and any claim for a refund will be denied. The handset MUST be sent to us via Royal Mail Special Delivery. Upon receipt we will run a number of tests to determine that all criteria in section 12 of these terms & conditions were met when the customer attempted to remove the network restriction on their mobile phone. If we are satisfied that all criteria in Section 12 of these terms & conditions were met, and that the remote unlock codes we provided failed to unlock the handset, we will perform a direct unlock of the handset and return the handset to the customer with a full refund of their original payment and any postage costs incurred in sending the handset to PhoneGoods. However if we obtain evidence that all criteria in Section 12 of these terms & conditions were not met, the handset will be returned to the customer as it arrived with us, and no refund will be given. These measures may seem a little extreme to most, however due to the electronic nature of our remote unlock codes business, we have no other way to determine whether an unlock has been successful or not.
- Postal Unlocking Service Guarantee -- PhoneGoods can only guarantee that the postal unlocking service will fulfill the customers expectations if the following criteria are met:
- 15.1. The information provided on the order submission form when ordering the service is valid and correct
- 15.2. The instructions provided with the service have been followed EXACTLY as specified
- 15.3. The target mobile phone is not faulty, damaged, stolen or blacklisted
- 15.4. The target mobile phone is not already unlocked
- 15.5. The target mobile phone has never been subjected to any previous unlock attempts (with the exception of code-entry unlock attempts)
- 15.6. The software of the target mobile phone has never been altered, changed or tampered with in any way
- 15.7. The IMEI/Serial number of the target mobile phone has never been altered, changed or tampered with in any way
A refund shall not be warranted if all of the above criteria are not met.
PhoneGoods will endeavor to solve any problem any customer may have while attempting to use our postal unlocking service, however liability for the success of the service lies solely with the consumer. Furthermore, PhoneGoods cannot guarantee that this service will enable the target handset to operate on any specific network. Certain handsets will operate only on certain networks.
- Previous Unlock Attempts (Postal Unlocking Service) -- PhoneGoods cannot guarantee success with our postal unlocking service if the target handset has been subjected to a previous direct unlock attempt. A direct unlock attempt is defined as any phone that has been subjected to a cable unlocking procedure. Phones that have been subjected only to code-entry attempts are not defined as being subjected to a direct unlock attempt. The customer accepts that a refund, in part or in full, will not be offered or given where the PhoneGoods postal unlocking service fails because the target handset has been subjected to a previous direct unlock attempt.
- Incorrect Orders -- It is the customers responsibility to ensure that the target handset is supported by our service. A credit note may be offered in specific circumstances, however a refund cannot be offered or given where the customer has paid and subsequently discovered that their handset is not supported by our service.
- Cancellations And Refunds -- Requests for cancellation of an order will be accepted only if the cancellation request is received before the service is provided. Requests for cancellation of an order after the service has been provided will be denied. Refund requests resulting from an order cancellation will be subject to a 15% administration fee and this is non-negotiable.
- Agreement -- By using our site, purchasing our products or using our service, you are accepting to these terms and conditions in full.
- Rights of Consumer -- Nothing in these Conditions shall affect the statutory rights of a consumer.
