Terms & Conditions
Welcome
to Virtual Phone Store Terms & Conditions
Here you will find the Virtual Phone Store terms and conditions of sale, plus
all relevant network terms and conditions.
Here at Virtual Phone Store, we want you to be
completely happy with your purchase. If you have any questions or queries at
any stage please feel free to contact us at any time.
- Email: sales@virtualphonestore.com
- Tel: 08701
261087
- For basic information on our returns policy,
please visit the returns policy page
Click here to go to the
Virtual
Phone Store home page
Contents
Introduction
1) Use of the Website
2) Your Obligations
3) Indemnities
4) Our Rights
5) Third Party Links
6) Monitoring
7) Purchase of Goods and Services
8) Offers to Purchase and Description of Goods/Services
9) Right of Cancellation
10) Your Personal Data
11) Payment
12) Eligibility to Purchase
13) Intellectual Property and Right to Use
14) Notices
15) Limitation of Liability
16) Severance
17) Waiver
18) Survival
19) Entire Agreement
20) Law
21) Handling Complaints
22) Promotional Terms and Conditions
23) Cashback Terms and Conditions
24) Network Terms and Conditions
25) Pay Monthly Terms and Conditions
26) Pay as you Talk Terms and Conditions
27) Sky Mobile TV
28) Vodafone Free Weekends
Terms and Conditions
29) 3G Broadband Data Fair
usage policy
30) Vodafone Family
31) Redemption
Virtual
Phone Store – Terms & Conditions Introduction
Welcome to the Virtual Phone Store Website terms and
conditions for 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. If you do not agree to be bound by these terms and
conditions, you may not use or access this website. If there is anything you do
not understand please feel free to e-mail any enquiry to us at sales@virtualphonestore.com or
call us on 08701 261087.
Virtual Phone Store gives no authority (whether
implied or express) to deep link to or frame any of the content which appears
on our Website or to use a representation of the company's trademarks as a link
button without the express agreement of Virtual Phone Store.
Definitions
- "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;
- "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/Virtual Phone Store" means
Data Select Limited trading as V-store, a company registered in England
and Wales under the number 2142673 with registered office located at
Network House, Globe Park, Marlow, Buckinghamshire, SL7 1LY, United
Kingdom;
- "Website" means the website located at
Virtual Phone Store or any subsequent URL which may replace it; and
- "You/Your"
means a user of the Website.
COMMUNICATION
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.
Use of the website
We will provide you with access to the Website and
sell You Goods and Services in accordance with these Conditions.
2.1 You
2.1.1 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;
2.1.2 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;
2.1.3 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;
2.1.4 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;
2.1.5 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);
2.1.6 will not attempt any
unauthorised access to any part or component of the Website; and,
2.1.7 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.
3 Indemnities
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.
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.
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.
6
Monitoring
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.
Purchase of goods/services
7.1 All orders are subject to acceptance and
availability. If the item/items 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 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.
7.2 The purchase of Pay as you talk handsets is strictly
limited to 5 per customer/ household.
7.3 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.
7.4 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.
7.5 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.
7.6 If You are a private
consumer, You may cancel any purchase ordered by You at any time within 14 days
of receipt (exceptions apply) of the Goods or Service without incurring any
obligation or liability to Us, however, You may not cancel any Service ordered
from Us once we have started to provide it to You. If You
choose to do this, You must notify Us in writing as set out in clause 9. Within
30 days of receipt of a valid notification that You
wish to cancel any order, We will refund all monies You have paid to Us.
8 Offers to
Purchase and Description of Goods/Services
8.1 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.
8.2 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
8.3 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.
9.1 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 any contract completed pursuant to clause 7.5 within 14 days of
receipt by You of the Goods or Services ("Cancellation Period").
9.2 If you do cancel a contract pursuant to clause
7.5 you must:
9.3 either notify us in writing to Virtual Phone
Store, Network House, Globe Park, Marlow, Buckinghamshire, SL7 1EY, United
Kingdom, by email to sales@virtualphonestore.com or by phone on 08701 261087.
9.4 retain possession of the Goods.
9.5 take reasonable care of the Goods or Services until
We collect the Goods from You, or You deliver the
Goods to Us; and
9.6 ensure that the Goods are returned or are made
available for collection (as the case may be) in the same condition as it was
when it was delivered to, or collected by, You (as the case may be).
9.7 If You do cancel a
contract pursuant to clause 7.5, then We will notify You of when We wish to
collect the Goods. We will collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the
right to charge You for any direct costs incurred in
collecting the Goods and will, at Our option, deduct these from any sum owed to
You. Alternatively, if You wish, You may return the
Goods to Us, during working hours, at Our nearest place of business, details of
which can be obtained on Our Website (www.virtualphonestore.com) or by
emailing us at sales@vitualphonestore.com
9.8 If you do cancel a contract pursuant to clause
7.5, we will refund the monies you have paid to us within 30 days of you giving
us cancellation notice.
10.1 We respect Your
personal information and undertake to comply with applicable Data Protection
legislation from time to time in place.
10.2 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. When You register with us We
consider the information You provide as private. We use the information for the
following purposes:
10.2.1 processing Your
Account;
10.2.2 for statistical
purposes to improve the service We give to You;
10.2.3 to administer Our
business;
10.2.4 unless You have
already objected during the registration process, to notify You of products or
services that may be of interest to You; and
10.2.5 unless You have
already objected during the registration process, to be disclosed 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.
10.3 If You do not want Us to notify You about
products and services that may interest You, or You do not wish Us to transfer
Your data to group companies and third parties so that they can contact You
about their products or services, and have not objected during the registration
process, please write to us C/O the Data Protection Controller, Network House,
Globe Park, Marlow, Buckinghamshire, SL7 1LY, United Kingdom stating Your full
name, address, Your e-mail address and Your mobile phone number and notify Us
accordingly.
10.4 We may also at Our discretion choose to sell,
trade, rent or otherwise disclose Your personal information to trustworthy
third parties situated within the EEA or in countries approved by the Data
Protection Commissioner. You may instruct Us not to do
this by sending an e-mail to sales@virtualphonestore.com. In addition, We may provide aggregate statistics about Our Services,
competitions, clients, traffic patterns, and other site information to third
parties, provided that a single person is not identifiable in such data.
10.5 Subject to Your rights of objection set out
above, and Your right of objection in the registration process, You agree that
You do not object to Us, Our group companies or third parties contacting You
for any of the above purposes whether by fax, telephone, e-mail, in writing or
by SMS and You confirm that You do not and will not consider any of the above
as being a breach of any of Your rights under the Telecommunications (Data
Protection and Privacy) Regulations 1999.
10.6 In the event that Your
personal information is no longer used by Us for the purposes outlined in
paragraph 10.2 we will delete it except insofar as it is necessary to retain
such information to comply with other relevant or applicable law.
10.7 In the event that Your
personal data becomes untrue, inaccurate or incomplete, or in any event, You
have the right to access Your personal data and may rectify the same.
10.8 We reserve the right to access and disclose
individually identifiable information to comply with applicable laws and lawful
government requests or requests by the police investigating suspected illegal
activities, to operate Our systems properly or to
protect Ourselves or other Users. We also reserve the right to disclose
individually identifiable information to third parties where a complaint arises
concerning Your use of the Website, and that use is
deemed by Us inconsistant with the Conditions.
10.9 We will also collect information about Your personal details, by using cookies. This information
shall be the information You give Us at the time of
ordering or registering.
10.10 A cookie is a piece of information that is
stored on Your computers hard drive by Your web
browser. On revisiting the Website Our computer server may recognise the
cookie, giving Us information about Your last visit. most browsers accept cookies automatically, but usually You
can alter the settings of Your browser to prevent automatic acceptance. If You choose not to receive cookies, You may still use most of
the features of the Website.
10.11 When You input
information or request Services from Us, We offer the use of a firewall. This
lets You input information safely whilst effectively
preventing that information from being accessed by unauthorised persons. In
addition, We have strict security procedures covering
the storage and disclosure of Your information in order to prevent unauthorised
access to comply with the UK Data Protection Act 1998. This means that
sometimes We may ask for proof of identity before we
disclose personal information to You.
10.12 We welcome Your
questions and comments about privacy issues and the design of the Website.
Should You have such comments or have a complaint
about how We are using Your personal data, please send an e-mail to
sales@virtualphonestore.com
11.1 Payment can be made by any major credit or debit
card. Payment will be debited and cleared from Your
account at the point of despatch of Your Goods or provision of the Service to
you.
11.2 You confirm that the credit/debit card that is
being used is Yours.
11.3 All credit/debit card holders are subject to
validation checks and authorisation 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 authorise payment to Us, we will not be liable for any
delay or non-delivery.
12.1 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
12.2 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 authorised 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.
12.3 By making an offer to buy any Goods or Services,
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 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.
General
13
Intellectual Property and Right to Use
13.1 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
authorised by Us or Our licensors.
13.2 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.
14.1 You may send us notices under or in connection
with these Conditions:
14.1.1 by post to Group Legal Department, The
v-store.co.uk, Network House, Globe Park, Marlow, Buckinghamshire, SL7 1EY,
United Kingdom
14.1.2 by fax to Group Legal
Department on 01628 539539
14.1.3 by telephone to Group
Legal Department on 01628 539800
14.1.4 by email to sales@virtualphonestore.com
14.2 As proof of sending does not guarantee Our receipt of Your notice, You
must ensure that You have received an acknowledgement from Us which will be
sent within 3 working days of Our receipt and should be retained by You.
15.1 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.
15.2 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.
15.3 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 or 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.
15.4 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.
15.5 Notwithstanding any other provision in the
Conditions, nothing herein shall limit Your rights as
a consumer under English law.
15.6 The information provided to You
in connection with the Goods and Services is provided by the suppliers of such
Goods and Services and you acknowledge that we do not verify the accuracy of
such information. We therefore exclude all liability of any kind (including but
not limited to 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.
15.7 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.
15.8 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 arising out of or in connection with these Conditions for:
15.8.1 any economic losses
(including without limitation loss of revenues, profits, contracts, business or
anticipated savings); or
15.8.2 any loss of goodwill
or reputation; or
15.8.3 any loss which was not brought to the
attention of Virtual Phone Store at the time the contract was made or any loss
that would be an unforeseeable consequence of a breach of the contract by The
v-store.co.uk.
15.9 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.
15.10 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.
16 Severance
If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be
deemed to be severable from these Conditions and shall not affect the validity
and enforceability of any of the remaining provisions of the Conditions.
17 Waiver
No waiver by Us shall be
construed as a waiver of any preceding or succeeding breach of any provision.
18 Survival
Each provision of these Conditions shall be construed
as separately applying and surviving even if for any reason one or other of
those provisions is held to be inapplicable or unenforceable in any
circumstances.
19 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,
representations or proposals, written or oral, between You and Us in relation
to such matters. 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.
The Conditions shall be governed by and construed in
accordance with the laws of
The personal information you provide by submitting
this form will be collected by Data Select trading as Virtual Phone Store, who
may (i) pass Your details to any associated company
and certain third parties to assist them in analysing use of the Website and
enabling them to contact You about Goods or Services which may be of interest
to You and (ii) use it in accordance with Our privacy policy.
21 Handling
Complaints
There may well be occasions when you are unhappy with
the service that has been provided to You by The
v-store.co.uk. In these cases, v-store.co.uk endeavours to be fair and
efficient in handling any complaint You should have
and that Your complaint will be processed confidentially.
If You have a complaint,
please send Us a letter to this address (Virtual Phone Store, Customer Care
Department, Network House,
We endeavour to give You an
answer within 5 working days and will provide You with a likely timescale for
resolving the dispute. We will keep You informed about
the progress of Your complaint.
We undertake to check Our
system regularly for handling complaints and We welcome any suggestion You may
have in relation to how this system may be improved
22
Promotional Terms & Conditions
Pay as you talk SIM Pack
1. Receive £1 credit when you register online .
2. This offer is only available to customers ordering
a pay as you talk SIM only pack via the Vodafone Online Store from 19th October
2005 until further notice.
3. Free PAYT sim packs are restricted
to 2 units per order and 2 units per household.
4. The offer will be available whilst stocks last.
5. No cash alternative is available and the offer is
not transferable by the customer.
6. Please keep a copy of these terms and conditions
for your reference.
7. Promoter: Vodafone Limited, The
Connection, Newbury,
October 2005. Vodafone Limited. Information correct
at time of going to print. Services may be modified, supplemented or withdrawn
by Vodafone without notice. All rights are reserved to Vodafone and materials
may not be used in any way or copied in whole or part without prior written
permission from Vodafone. Vodafone and the Vodafone logo are trademarks of
Vodafone Group Plc or its associated companies. All communications to help lines
may be monitored for training, quality control or other purposes authorised by
law. These terms and conditions are governed by and construed in accordance
with the laws of
Pay monthly SIM Pack
1. This offer is only available to