Terms & Conditions

General

This web site is provided to you free of charge, "as is". G.T.I. reserves the right to make changes without notice at any time to this site. G.T.I. may also make improvements and/or changes in the products and/or the programs described in this web site at any time without notice.

By using the information, services and products available through this Web site you are agreeing to the terms and conditions contained herein. This Web site contains links to other web sites that may contain additional Terms of Use.

Your use of any such site shall also subject you to the Terms of Use of each of those sites. To the extent that the Terms of Use on any linked site conflicts with any terms and condition contained herein, the Terms of Use of such site shall control.

 

Liability Disclaimer

The information, services and products available to you on this Web site may contain errors and is subject to periods of interruption. G.T.I. uses its best efforts to maintain this site, but is not responsible for the results of any defects that may be found to exist in it, or any lost profits or other consequential damages that may result from such defects. You should not assume that this web site is error-free or that it will be suitable for the particular purpose that you have in mind when using it.

G.T.I. PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL G.T.I. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF G.T.I. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.

 

Terms of Sale

The below Terms & Conditions of business apply to all orders placed with us or with brands associated with GTI Mobile :-

1. Placing an Order & Stock Availability

1.1 All items offered on our website are subject to availability and price change. We endeavour to advise on our website of any items that are currently out of stock, wherever possible. If an item ordered is out of stock we will endeavour to notify you within two working days of your order being placed. We will advise you of the likely time scale of any delay and/or price change, but you are of course at liberty to cancel your order.

1.2 Orders for any of our products can be placed via our Secure Online Server or by telephoning our Customer Service Centre

1.3 All orders placed will be treated as an offer to purchase. Any automated reply that you receive shall not be deemed to be our acceptance of your offer to purchase. Acceptance of your offer to purchase shall only be deemed to be complete when we have sent a confirmation email of the despatch of the goods, to the email address that you have provided (whether or not you receive that email). We reserve the right to refuse or reject any offer to purchase at any time.

1.4 We aim to process and despatch all orders as quickly as possible - usually within two working days. Business orders may take longer due to verification and credit checking processes. Orders involving the transfer of mobile phone numbers may also take longer due to the administration involved with the relevant networks.

1.5 All orders are checked by our Order Verifying Team for the security of both you and us. Our Order Verifying Team or the mobile phone network may request proof of address and/or proof of identification from you before your order can be processed. If this is the case we will contact you giving you full details of what is required.

1.6 All orders must be accompanied by active credit or debit card information as we carry out checks and authorisations with the card issuer for security reasons. If any problems occur with the authorisation of your credit or debit card we will contact you with further details.

1.7 All applications for a pay monthly mobile phone "contract" are subject to a credit check - the mobile phone network may in some cases ask for a deposit to be paid by the applicant before a connection can be made. The network may also decline your application in certain instances. If either of these occur we will contact you and advise you of the situation.

1.8 Complications caused by any of the above in Clauses 1.4 - 1.7 may cause a delay in the processing and despatch of your order.

2. Payment and Ownership of Goods

2.1 We accept payment by Visa, Delta, Switch, Mastercard, Amex and Solo cards that are not swipe only. fonetasticmobile.com will never debit any credit/debit card until the order is ready for despatch. In these Terms and Conditions of Business:- "Goods" means goods or products offered for sale by us. "Goods" also means mobile phones that are discounted or supplied free with monthly paid contracts.

2.2 "Promotional Product" means an item or product offered free of charge with goods that have been supplied and paid for, or discounted to free.

2.3 Goods and promotional products supplied by us remain our property until the goods are paid for in full. If payment is declined by your cardholder, or your cheque is not honoured by your bank, whether before or after despatch of the goods to you, we will treat the order as cancelled.

If the goods and promotional products have been despatched we may:-
a) Require you to return the goods and the promotional products to us in good condition within 7 days; or
b) Require you to pay in full by satisfactory alternative means within 7 days.

2.4 Any claim or obligation under this Clause is without prejudice to our rights under Clause
14 of these Terms and Conditions of Business.

3. Website Accuracy

3.1. Our Website Production & Design team work extremely hard to ensure our website is as accurate as possible and in order to achieve this our website is updated on most days.

3.2. However we cannot guarantee the accuracy of information supplied, especially such things as product specifications, network tariffs, call charges and special offers and promotions which may change without prior notice, before or after you have placed your order with us.

3.3. Products, prices, offers, tariffs and promotions are valid only for the period they are displayed on our website (unless otherwise stated) - all of which are subject to availability. If any of these should change to your detriment or become unavailable in the period after you have placed an order with us we will contact you before proceeding with the order.

3.4. Pictures of products are as a representation only and should be used only as a guide. Specifications and/or colours of products may change without prior notice.

4. Product Warranty

4.1. All products come with a 12-month manufacturer's warranty. This warranty does not affect your statutory rights which cannot be excluded or restricted at law.

4.2. Additional insurance and extended warranty periods for mobile phone handsets maybe available at an extra cost on certain products. We do advise that you consider taking this "Insurance" wherever possible.

5. Delivery
5.1. Packages are delivered by Royal Mail, Parcel Force and City Link. The service type used will depend upon the value and size of the product/s purchased. Royal Mail Silver Delivery and recorded service, Parcel Force and City Link will require a signature upon delivery.

5.2. Accessories - we endeavour to despatch all in stock accessories within 1-2 working days of the order being placed. Accessories are delivered by Royal Mail 1st Class or Recorded Post depending on value.

5.3. Mobile Phone Contracts - we endeavour to despatch all contract and prepaid mobile phones within 2-3 working days of ordering. (See clause 1.4 regarding business orders and orders involving the transfer of a mobile phone number). These items are sent by Royal Mail Silver Service, Parcel Force or City Link Insured Next Day Delivery. Saturday and Monday delivery cannot be guaranteed by Royal Mail and Parcel Force and City Link do not deliver on a Saturday, Sunday and Bank Holidays.

5.4. Prepaid Sim Cards - we endeavour to despatch these connections within 2-3 working days of ordering. Prepaid Sim cards are despatched by Royal Mail recorded delivery.

5.5. We cannot be held responsible for any delays caused by Acts of God, industrial action, vehicle breakdown, service providers, credit searches, stock availability and delivery companies. These events are outside of our control and we cannot accept any liability.

5.6. Parcels sent to remote parts of the United Kingdom, such as Northern Scotland and parts of Northern Ireland, the Channel Islands and the Isle of Man etc may take longer to deliver.

5.7. We do not delivery any orders outside of the United Kingdom unless by prior mutually agreed arrangements. To protect genuine card holders we do not accept card payments, or COD, for overseas orders under any circumstances. The option for genuine overseas customers wishing to purchase goods is by bank transfer of funds. Please contact our Customer Service Team on 0845 658 0573 for our bank details.

6. Privacy of Information

6.1. Any information collected by fonetasticmobile.com, including that gathered at the time of ordering/registration, is collected lawfully and in accordance with the Data Protection Act 1998.

6.2. fonetasticmobile.com do not sell or transmit any customers personal information, including email addresses, to any organisation for any purpose other than for processing orders placed with us (if necessary).

6.3. Where there is sufficient evidence to suggest that fraud is being perpetrated, (such as the stated name and address being different to that of the credit/debit card owner), we reserve the right to pass identification (such as name, address, email and ISP details) to other businesses, fraud data bases and relevant authorities.

6.4. From time to time we may send you information via email or post regarding your purchase or regarding other services/products available from GTI Mobile (& related companies). We would always provide an "opt-out" or "unsubscribe" option in any electronic correspondence to enable you to stop any further mailings if you so wished.

6.5. If you require any further information regarding our Privacy of Information policy please email support@support.fonetasticmobile.com.

7. Pricing

7.1. Unless we indicate otherwise, all prices stated include VAT and delivery within the United Kingdom (excluding Eire). All Errors and Omissions are excepted. Prices are subject to change at any time.

8. Mobile Phone Contract Connections and SIM Card Connections

8.1. All mobile phone and prepaid SIM card connections (excluding prepay handsets) are subject to a 12 month airtime contract. All connections (excluding prepay) are subject to a connection fee (unless otherwise stated). All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over. Contract upgrades are also subject to a further 12 months airtime contract.

8.2. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will always advise the applicant of any negative credit assessments and connection refusals. We cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant. See also Clause 1.7.

9. Returning Products

If for any reason you wish to return a product or receive a replacement product please call our Customer Service Team on 0845 658 0573 for assistance. It is important that you contact our Customer Service Team as soon as you become aware of any problem or wish to return an item. Click here for full details of our Returns Policy.

Our Returns Policy forms part of our Terms and Conditions of Business and applies to all goods and services supplied by fonetasticmobile.com

It is essential that you read and fully understand our Returns Policy and familiarise yourself with our returns time limits and the charges that will be incurred should goods be sent back in a less than pristine condition and/or with items missing.

10. Returning Contract and Prepay Handsets

10.1 If for any reason you wish to return your contract handset within the networks' allowed disconnection period , it is essential that you contact our Customer Service Team on 0845 658 0573 immediately. Click here for full details of our Returns Policy.

10.2 We cannot make reimbursements for any loss of data, such as phone book or personal information which is stored on your mobile phone or sim card and subsequently lost due to a fault or need to return the handset.

10.3 On occasions a contract handset return may be requested by us. In rare instances networks can change their mind regarding a credit decision when further information is revealed after the despatch of the goods. We reserve the right to request that the goods be returned to us for a full refund of any monies paid plus reasonable postage/carriage costs. In the event that these goods are not returned or returned in a less than pristine condition we reserve the right to charge the customer the cost of the goods supplied.

11. "Cash Back" and "Line Rental" Refund Offers

11.1 Mobile phone packages offered with "Cash Back" or "Line Rental" refunds are fonetasticmobile.com offers and are claimed by redemption, usually in two halves on production of the 5th and 9th monthly airtime bill. Full details regarding redemption are included with all orders which feature these offers.

12. Complaints

12.1. If you have cause for complaint regarding any service or product provided by GTI Mobile please email full details for the attention of the Duty Manager to support@support.fonetasticmobile.com.

12.2. We endeavour to respond to all complaints within five working days and aim to resolve any problems as soon as we can after receiving details of a complaint.

13. Mobile Number Portability

13.1 Should your mobile number transfer be delayed, we cannot be held responsible for any delay occurring after our initial setting up of the procedure with the relevant network, as the mobile number transfer is then totally the responsibility of the two networks and/or service providers involved.

13.2 If your mobile number transfer spans over two separate calendar months we cannot be held responsible for any tariff or line rental changes imposed by the mobile phone networks and service providers.

13.3 An administration charge of £10 is levied on all O2 and Vodafone number transfers plus a further £20 if the transfer is deemed to be a migration. Please contact our Customer Service Team for further information about your proposed number transfer to establish the costs involved. It is important to note that some service providers will also charge you to take your number away.

13.4 It is important to be aware that if your handset is disconnected for any reason, including a change of mind during the initial 7 or 14 day "cooling off" period, your transferred mobile number can be lost and become irretrievable. fonetasticmobile.com cannot be held responsible, under any circumstances, for the loss of a transferred mobile number. Transferring a mobile number is done totally at the customer's own risk.

14. Early Termination of Air Time Contracts & Tariff Changes

14.1 Our offers with monthly contract phones and packages are totally dependant on the tariff selected, therefore connecting to certain tariffs may make you eligible for free gifts, cash backs and free handsets.

14.1.2 In the event that your tariff is downgraded within the first six months from your initial billing date ("first period"), we will invoice you the minimum sum of £100 plus VAT per handset plus a £20 administration charge. The charge will be dependant on the tariff selected at the time of the downgrade. Should you change your tariff during the first six months from your initial billing date, either up or down, the "first period" starts again. It is in your interest not to change tariffs in the first six months from your initial billing date.

14.1.2.1 It is important to note some networks may not allow you to change your tariff, either up or down, during part or the whole of your contract. It is in your interest to select the tariff that is most suitable for your needs at the commencement of your contract.

14.1.3 It is important to note that Orange will automatically downgrade to a Talkshare, handsets connected by fonetasticmobile.com that subsequently have existing handsets added to them as sharers of the tariff set up by fonetasticmobile.com. In this instance clause 14.1.2 will apply. It is in your interest not to add handsets, connected prior to that set up by fonetasticmobile.com, as sharers within the first six months from your initial billing date or "first period".

14.1.4 In the event that you are disconnected from your network for any reason, within 6 months from your initial billing date, we will invoice you the minimum sum of £200 plus VAT per handset plus a £20 administration charge. The charge will be dependant on the tariff selected at the time of disconnection and will take into consideration the cost of the handset and any free gifts and cash backs that have been supplied.

14.1.5 Disconnections arising during the initial 14 day period, or initial 7 day period with T Mobile and all upgrades including Orange Just Talk to contract, are the only exceptions to the above clause 14.1.4.

14.2 Should you have supplied us with your credit or debit card details you hereby expressly authorize us to deduct the above amounts from your card account in the event of any of the above conditions arising.

15. Ordering By Telephone

15.1. We aim to give the most accurate and up to date information available when taking telephone orders. However fonetasticmobile.com cannot be held responsible for networks, service providers, manufacturers and their distributors who from time to time change specifications, terms and conditions and offers.

15.2. Having read our terms and conditions we recommend that you check the appropriate network and service provider terms & conditions and charges to ensure that you are completely satisfied with these.

15.3. As we are primarily an internet based Mail Order Company we endeavour to give as accurate information as possible, (see 3.2.). Similarly we cannot be held responsible for any claim of inaccurate information given during a telephone conversation/order (see 15.1. and 15.2.)

15.4 We record all telephoned orders for confirmation and training purposes.

16. Mobile Phone Insurance

All phone insurance is offered by a third party, we are an introducer only and do not insure any product ourselves. It is important that you read and understand their terms and conditions. Should the third party insurance company refuse to insure a product or refuse a subsequent claim, this may not be used as a reason to return said products or break a contract with a mobile phone network or service provider.

17. Trademarks and Copyrights

We recognise all trademarks and copyrights. Should you be the copyright owner and be unhappy with our use of your copyright please contact us and we will correct the situation immediately.

18. Payment Authorisations

18.1 By accepting these terms and conditions you agree that we are authorised to charge your credit or debit card for the goods supplied. You also agree that we are authorised to charge your card with any other charges specified within these Terms and Conditions and within our Returns Policy.

18.2 In the event that any amounts become due (including downgrades, early disconnections, missing or damaged returned goods, credit or debit card charge backs and dishonoured cheques) and remain unpaid for more than 14 days, we reserve the right to engage the services of a debt recovery agent. Charges incurred as a result of this action will be your responsibility.

19. Liability

19.1 In the unlikely event that your contract mobile phone becomes faulty, and you are without your handset for more than 28 consecutive days because we are unable to repair or replace it, we will provide maximum compensation equivalent to one month's line rental on the tariff that you were connected to at the start of the 28 days. We are unable to pay compensation for periods of less than 28 days.

19.2 We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss.

20. Your Legal Rights as a Consumer

20.1 If any part of our terms and conditions is determined by a UK court to be invalid, illegal, void or otherwise unenforceable under any current or future law, the remainder of our terms and conditions shall not be affected thereby.

20.2 These Terms and Conditions do not affect any of your statutory rights.

 

Variation of these Terms and Conditions

G.T.I. reserves the right to change the terms, conditions, and notices under which GTI Mobile is offered. We will do this by altering the access agreement on our web site and this alteration will then be of immediate effect. For this reason you should regularly visit the access agreement on the site as the current version will be binding on you.