Please read carefully before placing an order
These terms and conditions apply to all users who access and/or purchase from www.dmcdirect.co.uk, or to whom purchase goods or services over the telephone, and in doing so agree to be bound to the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website. If you are unsure about the terms and conditions below, please feel free to email your enquiry to info@dmcdirect.co.uk.
Orders
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock you will be contacted by e-mail (if you have given us the correct details) and you will have the option either to wait until the item is available from stock 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 before or after your order has been placed.
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 unauthorized access to any data you provide when accessing or ordering from the Website. 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.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
If you are a private consumer, you may cancel any Goods or Service ordered by you at any time within 14 days of receipt of the Goods or Service (in the case where a phone has been connected, you 14 days of right of cancellation will commence on date of connection) without incurring any obligation or liability to us apart from those set out in section Right of Cancellation. We will refund all monies you have paid to us less £30 administration charge for each handset purchased, within 14 days of receipt of a valid notification that you wish to cancel any order.
Orange network only: Please note there is no right
of cancellation policy for any Orange goods. These are
products classed as "sold as seen"
3G Network Only: 3G will only allow full
credit returns for unused handsets. This means handsets which have not been used to make or receive calls or texts or to download content. If you choose to exchange or process a 14 Day disconnection/exchange if you have used your handset, you will not be able to return your handset to 3G and obtain a full credit. If you choose to do this, you must notify us in writing as set out in section Right of Cancellation.
Offers to Purchase and Description of Goods/Services
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.
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 Goods 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. We reserve the right to reject any offer to purchase made by you 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.
Payment
Payment can be made by the following credit or debit cards:
Switch
Solo
Visa Delta
Visa (credit)
MasterCard
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/debit card that is being used is yours and is registered to the address of delivery.
All credit/debit card holders are subject to validation checks and authorization by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
Eligibility to Purchase
The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if you are an individual, you must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services you represent to us that you are 18 years of age or older. To register, you must provide your real name, phone number, e-mail address, credit card details and other requested information.
The Website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorized us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
By making an offer to buy any Good or Services, you specifically authorize 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 credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
The Order Process
By using this website you agree to the following:
As soon as you have placed your order you will receive an email confirming that your order has been registered on to our database. Discount Mobile Communications cannot be held responsible for any lost emails. We will then begin to process your order on the next working day or sooner. By this we mean, we will attempt to validate all information passed to us by you. In addition if a Pay Monthly phone has been ordered, primarily credit checks will be carried out at this stage. At this stage, we will 'reserve' funds from your credit or debit card.
For all orders; once successful, your order will be despatched for delivery. Any payment due will also be taken from the credit card details you have supplied. 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. We reserve the right to reject any offer to purchase made by you at any time.
All items are subject to stock availability. For security purposes, the credit card for which you have supplied details will be debited, for the sum of £1.00 to carry out a security check.
Pay Monthly Phones
By purchasing a Pay Monthly Phone from this website you agree to the following:
For phones purchased on a monthly contract basis the personal details you have provided will form the basis of a contract, for a minimum term of 12 or 18 months subject to 1 month notice in writing, with the relevant network. By providing your details you will be deemed to have agreed to take out such a contract and no additional paperwork or signatures will be required for such a contract to be legally binding.
For Monthly contract phones on the Vodafone, O2, Orange, T-Mobile and Three networks, your contract will be directly with the network. Whilst customers can change tariffs throughout the term of the agreement, at the discretion of the relevant network, you should be aware that any tariff changes before this period are subject to additional charges from Discount Mobile Communications. To be specific, if, within the first 180 days of the contract, a customer changes their tariff, then they will become liable to pay Discount Mobile Communications for any loss of commission incurred from the change of tariff. Discount Mobile Communications will have the right to charge to your credit/debit card for these additional costs, and by purchasing from us, you give Discount Mobile Communications explicit authorization for such payments to be taken in the event of a tariff change. Where this is not possible we will raise an invoice in which you will have 30 days to pay. In the event that a payment has not been paid in full within this period, Discount Mobile Communications will endeavour to recover any outstanding monies owed through legal channels.
For monthly contract phones the monthly charge and any additional call charges will be collected by direct debit. By purchasing a monthly contract phone from this site you agree to a direct debit being set up for the charges incurred each month, using the bank details you have provided. You confirm that the bank account used only requires your signature for it to be valid. In the event that the direct debit is cancelled an additional monthly charge will become payable to the network unless a suitable replacement is put in place.
All monthly contract phones will be subject to status and a satisfactory credit check and a refundable deposit may be required before you can be connected. For security purposes, the credit/debit card for which you have supplied details of, will be debited the sum of £1.00.
All deposits are taken by the relevant network. All deposits held by the network for 12 months, are then refunded directly back to the customer, providing there have been no problems with the account (such as late payment etc.) during this time.
For orders where a payment is being taken on your credit card this will not be charged to the card until the order is ready for despatch. However we will 'reserve' funds from your credit or debit card before despatch.
If for any reason, payments on your airtime agreement are not kept up to date, you decide to disconnect before the contractual 12 month period or if your account suffers from any adverse financial difficulties where the airtime provider deems fit to bar your account, Discount Mobile Communications will have the right to charge to your credit card a sum of least £250 (can be more) for each phone, and by purchasing from us, you give Discount Mobile Communications explicit authorization for such payments to be taken in the event of your phone being disconnected or barred. Where this is not possible we will raise an invoice in which you will have 30 days to pay. In the event that a payment has not been paid in full within this period, Discount Mobile Communications will endeavour to recover any outstanding monies owed through legal channels.
Delivery
All items will be despatched only as and when we are satisfied that all the validation and credit check procedures have been met as stated in The Order Process and is subject to a working week of Monday - Friday, 9.00am - 5.30pm. Deliveries are normally made by Royal Mail Special Delivery and are subject to Royal Mail's working practices and procedures. However we do reserve the right to use alternative methods of delivery as and when we see fit. Please note that, where possible, all Pay Monthly & Pay As You Go phones will be despatched as connected.
Right of Cancellation
If you are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), you have the right to cancel most contracts completed within 14 days of date of connection for the Goods or Services ("Cancellation Period")
If you do cancel a sale or airtime agreement contract you must:
Notify us in writing to Discount Mobile Communications,
Suite 19, Business Enterprise Centre, Furthergate,
Blackburn, BB1 3HQ.
You must retain possession and take reasonable care of the Goods or Services until the Goods or Services are delivered to us at
Discount Mobile Communications, Suite 19, Business
Enterprise Centre, Furthergate, Blackburn, BB1 3HQ.
Be aware that, it is your responsibility to make sure that reasonable action has been taken to ensure the safe delivery of the Goods or Services to us, and that you are liable for the full cost of returning any Goods or Services.
Ensure all the Goods or Services are received at our Head Office within 14 days of the purchase date, i.e. the original date of despatch from our company. We will not accept proof of posting as proof of receipt.
The phone must be returned, complete with box, manuals and all accessories as you received it, in 'as new' condition.
Be responsible for any charges incurred on the phone, e.g. line rental, calls made etc., between the time of despatch from us to you and the time we receive the goods back at our Head Office.
Be aware that all returned phones are subject to a £30 administration charge.
If you do cancel a sales or airtime agreement contract, we will refund the monies you have paid to us less administration fee, within 30 days of you giving us cancellation notice.
3G Network Only: 3G will only allow full credit returns for unused handsets. This means handsets which have not been used to make or receive calls or texts or to download content. If you choose to exchange or process a 14 Days disconnection/exchange if you have used your handset, you will not be able to return your handset to 3G and obtain a full credit.
Faulty Goods
For faulty Orange Pay Monthly goods that are within 28 days from date of connection:
You must report the fault to Orange customer services on 07973 100150 and ask them to run a diagnostic check on your phone. Dependent on the result, you will need to confirm with Orange that a fault reference code has been recorded onto your account.
Once the fault has been established by Orange you will
need to send the phone back to us at Discount Mobile
Communications, Suite 19, Business Enterprise Centre,
Furthergate, Blackburn, BB1 3HQ.
All faulty goods must be received by Discount Mobile Communications within 28 days from date of connection. It is your responsibility to make sure that reasonable action has been taken to ensure the safe delivery of the faulty goods to us, therefore, Discount Mobile Communications recommend that you do return all faulty goods by Royal Mail Special Delivery.
Once received by Discount Mobile Communications, we will test the goods for the fault as described by the customer. If the goods show the fault, Discount Mobile Communications will replace and despatch the new goods as soon as possible. In addition, if the goods have been found to be faulty, Discount Mobile Communications will refund the cost of postage and packaging but only if a valid VAT receipt is enclosed.
Please note that we can only exchange goods on a like for like basis, and is subject to Orange's terms and conditions.
In cases where the goods are received and have not been
found to be faulty by Orange, Discount Mobile Communications
will despatch the original goods to the customer’s home
address as soon as possible. In such cases, Discount Mobile
Communications are not able to refund any cost for postage
and packing. For all goods that develop a fault within first
10 days from date of connection (Excludes Orange & T-Mobile
Pay Monthly Phones): You must advise Discount Mobile
Communications of the fault, and send back the goods to us
at Discount Mobile Communications, Suite 19, Business
Enterprise Centre, Furthergate, Blackburn, BB1 3HQ.
All faulty goods must be received by Discount Mobile Communications within 14 days from date of connection/purchase. It is your responsibility to make sure that reasonable action has been taken to ensure the safe delivery of the faulty goods to us, therefore, Discount Mobile Communications recommend that you do return all faulty goods by Royal Mail Special Delivery.
Once received by Discount Mobile Communications, we will test the goods for the fault as described by the customer. If the goods show the fault, Discount Mobile Communications will replace and despatch the goods as soon as possible. In addition, if the goods have been found to be faulty, Discount Mobile Communications will refund the cost of postage and packaging but only if a valid VAT receipt is enclosed. In case where the goods have not been found to be faulty, Discount Mobile Communications will despatch the original goods to the customers home address as soon as possible. In such cases, Discount Mobile Communications are not able to refund any cost for postage and packing.
For faulty Pay Monthly phones, the procedure may change due to network restrictions.
For all goods that develop a fault after 10 days (Or in the case of Orange & T-Mobile after 28 days) from date of connection/purchase:
You must advise Discount Mobile Communications of the fault.
A £25 Repairing deposit will be taken, to cover admin costs in the event that the goods are either, NOT faulty or the fault is not covered in the manufactures warranty. Once taken you will need to send back the goods to us at
Discount Mobile Communications, Suite 19, Business
Enterprise Centre, Furthergate, Blackburn, BB1 3HQ.. It is your responsibility to make sure that reasonable action has been taken to ensure the safe delivery of all faulty goods to us, therefore, Discount Mobile Communications recommend that you do return all faulty goods by Royal Mail Special Delivery.
Once received by Discount Mobile Communications, we will send the faulty goods for repair. If the goods show that the fault is covered by the manufactures warranty, it will be repaired or replaced as soon as possible. Once the repaired goods are received by us, we will despatch the goods as soon as possible and refund the Repairing Deposit.
In cases where the fault is not covered by the manufactures warranty - either because the phone has been found not to be faulty, or the phone has been tampered with by a unqualified centre/person, or due to customer damage or misuse, or liquid damage, or anything else that is not covered by the manufactures warranty - we will notify you of the cost of repair.
If you decide to go ahead with the repair, you will be asked for the cost of repair less Repairing Deposit, to be paid upfront before any work is done. Once the repaired goods are received back by us, we will despatch the goods to you as soon as possible. If however you decide NOT to go ahead with the repair, we will despatch the goods to you as soon as possible. In addition, at this point Discount Mobile Communications will NOT be able to refund the Repairing Deposit.
In case where the goods have not been found to be faulty, Discount Mobile Communications will despatch the original goods to the customers home address as soon as possible. In addition, at this point Discount Mobile Communications will NOT be able to refund the Repairing Deposit.
For faulty Pay Monthly phones, the procedure may change due to network restrictions.
Cash back offers on selected new pay monthly contracts
Cash back terms and conditions
i. "Auto cheque back" is a Discount Mobile Communications promotion.
ii. The "Auto cheque back" offer is available on selected contract handsets and tariffs and is subject to you remaining on the original tariff with the original handset(s) and mobile number(s) connected for at least 120 days from the date of connection.
iii. There is no need to claim your "Auto cheque back".
We will simply issue you with a cheque of the agreed amount
at the point of sale or despatch.
iv. The cheque will be post dated to four months after you
purchase. Verification that all terms and conditions have
been met, you may cash your cheque.
v. Auto cheque back are funded by commissions from the Network. In the event that in between the date of ordering and the date of connection the Network reduces the amount of commission payable, we reserve the right to stipulate that the agreed
Auto cheque back amount will be that in force on the date of connection and not the date of ordering.
vi. In the event that the Network takes back commission for any reason, including but not restricted to tariff change down within 120 days and late or non-payment of bills, any
Auto cheque back will be null and void.
Disclaimer
Note that the contents of the Discount Mobile Communications world wide web pages are provided on "as is" and "as available" basis. Discount Mobile Communications does not warrant that its web pages will be uninterrupted or error-free. Although every effort has been made to provide accurate information on these pages, neither Discount Mobile Communications, nor any of its employees, nor its affiliated companies, suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained on this site. Discount Mobile Communications reserves the right to revise the pages or withdraw access to them at any time without prior notice.
Trademarks
The above are trademarks or registered trade marks of Discount Mobile Communications. All other product or service names mentioned in a document on this server are trademarks of their respective companies.
Communication
Please read all of the following to ensure that you understand the risks involve in transmitting sensitive information by email:
Please note that the use of email communications is not 100% secure. Therefore, in the interests of keeping personal details confidential, we advise that you take this in consideration before proceeding.
By proceeding, you agree that you will send us information by email at your own risk.
Discount Mobile Communications will communicate any inquiries / order updates by email. Therefore it is important that you provide us with a correct and valid email address. Communications via other mediums is not guaranteed. In addition we do not guarantee the security of your personal information by this Internet email.
Your Obligation
You shall agree:
Not to use the Website (or any part thereof) for any illegal activates and agree to use it according to all relevant laws.
Not to upload or transmit through the website without limitation, any computer virus or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Not to use the Website in any way that may cause the Website to be interrupted, damaged, or in impair its normal functionality in any way.
Not to gain attempted access to any unauthorized part or component of the website.
That in the event that you have any right, claim or action against any other User arising out of that Users use of the Website, then you will pursue such right, claim or action independently, and without recourse to us.
Indemnity
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.
Our Rights
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Website 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.
Change these Conditions from time to time, and your continued use of the Website. 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.
We will use do our best 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.
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.
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.
Your Personal Data
We respect your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
We confirm that any personal details which you provide to us (or which are available on public registers) from which we can identify you are held in accordance with Our Data Protection Registration Notification. When you register with us we consider the information you provide as private. We use the information for the following purposes:
processing Your Account;
for statistical purposes to improve the service we give to You;
to administer our business;
to notify You of products or services that may be of interest to You;
and You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your dealings with us, and those dealings are deemed by us inconsistent with these Terms.
We may use "cookies" and other software to be able to build up a profile of your interests and preferences and this may be used by us to develop and operate the Service.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by our licensors or us. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.
The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including for defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to you.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
or any loss of goodwill or reputation; or
We will not be liable for any loss which was not brought to the attention of Discount Mobile Communications at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Discount Mobile Communications;
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. By placing an order and/or purchasing from www.dmcdirect.co.uk, you confirm that you have read these conditions and, you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.