Terms and conditions

SCS Network Services (thepurplephonecompany.co.uk)

Terms and Conditions

The below terms & conditions (“Terms”) apply to any orders placed with us. We intend to rely on the Terms and it is important you read and understand the Terms before ordering from us. We may change the Terms from time to time without notice to you; however, any change will only apply to any orders received after the change.

Any of our offers will have specific terms which are applicable

You must be over 18 to order any products from us. We will only accept an order from you if you are resident in the United Kingdom. By ordering from us you confirm that you are both over 18 and resident in the United Kingdom. Delivery can only be made to addresses in

the United Kingdom.

1. Placing an Order & Stock Availability

1.1. Orders for any of our Goods or Services can be placed either via our website using our Secure Online Server, by telephoning our Customer Service Centre or by completing a manual application form (available on our website or on request by telephone) and faxing or posting it back to us. You will need a debit or credit card to order from us.

1.2. When ordering via our website or using a manual application form all required fields and sections of our order forms must be completed with the correct information.

1.3. All orders are checked by our Order Verifying Team for the security of both you and us. Our Order Verifying Team or the relevant Network Provider 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. Once accepted by our Order Verifying Team, we will acknowledge your order, if you have ordered online by email and if you have ordered by telephone or completing a manual order form, by email (if an email address has been provided) or by post (if no email address has been provided).

1.4. We may carry out checks or "authorisations" with your debit or credit 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.

1.5. Details on our website or contained in our advertisements or market material are not offers that you can accept. The contract between us is made upon us despatching Goods to you or us acknowledging your order whichever is earliest. Prior to entering into the contact we will be under no obligation to supply you with any Goods or Services you have ordered. We reserve the right to refuse or reject any order for Goods or Services at any time.

1.6. All items offered on our website are subject to availability. 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 notify you within two working days of your order being placed at which point you will be offered a choice of accepting a substitute item (if available) or notified of the likely time scale of any delay should you wish to proceed with your original order. At which point you may cancel your order and received a full refund of any sums paid.

1.7. All orders for Pay Monthly Phones or Pay Monthly SIM Contracts are subject to status and credit checks. The Network Provider may in some cases ask for a deposit to be paid by you before connection to the Network can be made. Your chosen Network Provider 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. Any failure by you to provide the required information or you failing any of the checks referred to at paragraphs 1.3 - 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, and Amex cards that are not swipe only. We will not debit any credit/debit card until the order is ready for despatch.

2.2. If any part of your order has an up front cost, we will verify your credit or debit card details when we take payment for your order. If your order has no up-front costs we will request authorisation from your credit or debit card supplier for a nominal sum to be debited from your credit or debit card account for the purposes of credit or debit card verification. We will ONLY request authorisation for this sum; no funds will be debited from your credit or debit card account if there is no upfront cost connected with your order.

2.3. Goods (and any Promotional Products) supplied by us remain our property until the Goods have been paid for in full. If payment is declined by your debit or credit card supplier, whether before or after despatch of the Goods to you, we will treat the order as cancelled. If the Goods (and any 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 paragraph 2 is without prejudice to our rights under paragraph 14 of these Terms.

3. Website Accuracy and Telephone Orders

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 website is updated on most days.

3.2. However we cannot guarantee the accuracy of information supplied on our website or in an advertisement, 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. If there are any such changes after you have placed your order, we will contact you and ask you if you wish to proceed with your order or place a new order with us.

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

3.5. We aim to give the most accurate information available when taking telephone orders. However, we cannot be held responsible if Network Supplier, manufacturers and their distributors from time to time change specifications, their terms and conditions and offers. If there are any such changes after you have placed your order, we will contact you and ask you if you wish to proceed with your order or place a new order. By ordering by telephone it is deemed you have read our Terms.

4. Product Warranty

4.1. All Goods come with a month manufacturer's warranty. This warranty does not affect your statutory rights.

4.2. Additional insurance and extended warranty periods maybe available at an extra cost on certain Goods. We do advise that you consider taking these wherever possible.

5. Delivery

5.1. We will try to deliver the Goods on the date we agree with you. If we are not able to do so, we will inform you and agree an alternative date with you. We will deliver to the address provided at the time you place you order.

5.2. All Pay Monthly Phones and Prepaid Phones are despatched 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.

5.3. Prepaid SIM cards are despatched by Royal Mail recorded delivery.

5.4. We are not liable and cannot be held responsible for any delays beyond our reasonable control including delays caused with Royal Mail, Parcel Force, Parcel Line or any other courier delivery service we use.

5.5. Parcels sent to the remotes parts of the United Kingdom, such as Northern Scotland and parts of Northern Ireland and the Isle of Man etc may take longer to deliver.

5.6. The Goods become your responsibility once they are delivered to you.

6. Data Protection and Privacy of Information

6.1. See our privacy statement at www.thepurplephonecompany.co.uk and click on privacy.

6.2. If you require any further information regarding our Privacy of Information policy please email info@sprintcomms.co.uk

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.

7.2. If you have placed an order by telephone, the price payable will be the price payable we notify to you during our telephone call. If you order from our website (unless we have made an error) the price payable will be the price quoted on the online order form. If you order by completing a manual order form which is faxed or posted to us the price payable will be the price we notify to you in our acknowledgement of your order.

7.3. If we make a mistake in the price quoted or the price, any promotional offer or tariff is no longer available, we will contact you as soon as we become aware of it and inform you of the correct price and ask you if you still wish to proceed with the order.

7.4. We reserve the right to cancel any contact between us if the Goods or Services you ordered were listed at an incorrect price. If we do cancel your contract in such circumstances we will notify you and refund to you any sums paid. We will not be liable for any additional compensation.

8. Returning Products

8.1. If for any reason you wish to return a product or receive a replacement product please call our Customer Service Team on 08450 405998 for assistance.

8.2. We would request that you contact our Customer Service Team as soon as any problem becomes apparent.

8.3. We will deal with all replacements and refunds with high priority.

8.4. Replacements will be sent out when the original item is returned.

8.5. It is the customer's responsibility for the safe return of all goods. All items must be returned within “a reasonable time” as they were received with their original packaging and full contents included, along with original documentation and proof of purchase. Items returned in a less than pristine condition and/or with damaged or missing packaging will incur charges to cover the cost of the items. These charges will be pursued by affordablemobiles.co.uk. Should items not be received then it cannot be accepted as a 7 day cancellation and you will be liable for the full duration of your contract.

8.6. Where a refund is sought for non faulty items and is outside of the Cooling Off Period we reserve the right to make a charge to cover our administration costs. This charge will not exceed the direct costs of postage.

8.7. Refunds cannot be given if we judge that the product has been wilfully damaged, misused, neglected, overloaded, modified, adapted or repaired.

8.8. Where goods become faulty within the first 28 days and qualify for an exchange, the faulty items must be returned to us, with the original packaging, within 28 days of the date of Invoice. Items returned as faulty and subsequently found to be subject to customer damage will incur charges. These charges will be pursued by us.

8.9. Should the return be because of a change of mind the customer will be responsible for all return postage costs. Contract and pre pay handset packages must be returned within the first 7 days.

8.10. We will only refund postage or supply a prepaid packet for faulty items that are returned to us within the first 7 days.

8.11. If returned goods cannot be accepted due to clause 8.7 a charge of £9.99 will be made to cover postage.

9. Your Legal Rights as a Consumer

9.1. These Terms do not affect any of your statutory rights, which cannot be excluded or restricted at law.

10. Complaints

10.1. If you have cause for complaint regarding any Goods or Services provided by us please email full details for the attention of the Duty Manager to enquiries@sprintcomms.co.uk.

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

11. Mobile Number Portability

11.1. If we have agreed to facilitate the transfer of your existing mobile number to a connection supplied via us, should your mobile number transfer be delayed, we cannot be held responsible for any delay occurring after we have implemented the procedure with the relevant Network Provider, as the mobile number transfer is then totally the responsibility of the two Network Providers concerned.

11.2. 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 Network Providers.

11.3. It is your responsibility to ensure that you can port your existing number over to your new network. You will be required to provide us with a PAC code when you receive it from your existing provider.

11.4. All network providers have to give you your PAC code subject to the terms of your contract with them, this number must be given to your new network in order for them to request your transfer.

12. Pay Monthly Phones and Pay Monthly SIM Contracts

12.1. All orders for Pay Monthly Phones and Pay Monthly SIM Contracts (excluding Pre Pay Phones) are subject to you entering into a minimum 12 month Airtime Contract on a particular Network and tariff association with the Phone.

12.2. Your Airtime Contract is not with us, but is with the Network Provider chosen by you. By completing your transaction with us you are accepting and will be bound by the terms and conditions of supply of your chosen Network Provider and Airtime Contract.

Full terms and conditions of all of the Network Providers used by us can be found at www.sprintcomms.co.uk by clicking on the relevant link. We cannot amend, change or cancel your obligations under these terms and conditions so we recommend you check your chosen Network Provider's terms, conditions and charges to ensure you are satisfied with them. These terms and conditions are downloadable however a copy can be posted to you if requested by you sending an email to info@sprintcomms.co.uk or in writing to Sprint Communication Systems, Unit 6, Honywood Road Business Park, Honywood Road, Basildon, Essex, SS14 3HW.

12.3. All connections of Pay Monthly Phones or Pay Monthly SIM Contracts (excluding Pre Pay Phones) are subject to a connection fee (unless otherwise stated) and are subject to status, satisfactory credit checks and acceptance by your chosen Network Provider. Contract upgrades are also subject to a further 12 months Airtime Contract.

12.4. A credit check will be carried out by the Network Provider prior to connection using the information supplied to us by you. We will always advise you 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 you. See also Clause 1.7.

12.5. In obtaining a Pay Monthly Phone or Pay Monthly SIM Contact from us, it is necessary for you to pay your monthly payments to the Network Provider by direct debit. We will arrange for the direct debit to be set for you on the basis of the details provided to us and it will be confirmed by your Network Provider in writing soon after connection, together with details of when your first payment and ongoing payments will be debited from you account. You have the right to cancel the direct debit at any time, but you should note that most Airtime Contracts require payments to be made by direct debit and by cancelling the direct debit you may be in breach of your Airtime Contracts.

13. Returning Pay Monthly Phones and Pay Monthly SIM Contracts

13.1. If you are a consumer, in addition to any benefits under our returns policy, you also have certain rights under the Distance Selling Regulations and paragraph 13 below applies.

13.2. If you are a consumer and are dissatisfied in any way with your Pay Monthly Phone or Pay Monthly SIM Contract you may cancel your contract with us by sending us written notice before we have accepted or despatched your order or by sending us written notice no later than 7 working days after receiving your Pay Monthly Phone or Pay Monthly SIM (“Cooling Off Period”). The day your Pay Monthly Phone or Pay Monthly SIM Contract is connected by us is classed as day one. This is usually the date which appears on your delivery invoice. The exception is where the Network Provider is T Mobile in which case, day one is the day of delivery. However, where there is an associated Airtime Contract you will not be able to cancel your Airtime Contract under the Distance Selling Regulations once you have started to use your Pay Monthly Phone or Pay Monthly SIM Contract notwithstanding that the Cooling off Period may not have expired.

13.3. If you cancel your contract with us before you receive the Goods but we have already despatched the Goods, you must not unpack the Goods when they are received. If you cancel your contract with us after receipt of the Goods, once you have cancelled your contract you must not use the Goods. You must take reasonable care of the Goods.

13.4. On cancellation under Distance Selling Regulations you are entitled to a full refund of any sums paid within 30 days of cancellation, however you must return of all Goods (including any Promotional Products) to us at your own risk within 30 days of cancellation with their original packaging and full contents included, along with original documentation and proof of purchase. You are responsible for the cost of returning the Goods. Refunds where applicable will be credited to the credit or debit card used to make the original order.

14. Early Termination of Air Time Contracts / Changing of Tariffs

14.1. Save in relation to the cancellation of a contract with us pursuant to paragraph 13, in the event that you disconnect or are disconnected by your Network Provider for any reason within your contract period which is a minimum 12 months from the date your airtime contract started, we will invoice a minimum sum of £200 plus VAT per Phone supplied. The applicable charge will be dependent upon whether you change to a new tariff and if so, the new tariff selected.

14.2. Some Networks Providers will not allow you to downgrade your tariff either for the first 6 months or the full duration of your Airtime Contract.

14.3. By paying by credit card or debit card, as part of your sale contract witt us you agreed that we can apply any charge referred to in paragraph 14.2 can be charged to the card which you used to complete this transaction.

15. Pre Pay Phones, Pre Pay SIMs, Handsets Only and Accessories

15.1 All orders subject to acceptance and availability.

15.2. Pre Pay SIMs remains at all time the property of the Network Provider.

15.3. If you purchase any top ups or airtime credit, the agreement for airtime services is subject to the terms and conditions of the relevant Network Provider.

16. Returning Pre Pay Phones, Pre Pay SIMs, Handsets Only and Accessories

16.1. If you are a consumer, in addition to any benefits under our returns policy, you have certain cancellation rights under the Distance Selling Regulations and paragraph 16 applies.

16.2. If you are a consumer and are dissatisfied in anyway you with your Pre Pay Phones, Pre Pay SIMs, Handsets Only or Accessories you may cancel your contract with us by sending us written notice before we have accepted or despatched your order or by sending us written notice no later than 7 working days after receiving the Goods.

16.3. You will not be able to cancel any contract for Services (such as top ups or additional airtime services purchased by you) once you have started to use them.

16.4. If you cancel your contract after having used any airtime credit supplied with the Pre Paid Phone or Pre Paid SIM (that you have not purchased as an additional extra), the amount of airtime credit used will be deducted from any refund.

16.5. If you cancel your contract before you have received the Goods, but we have already despatched them, you must not unpack them when they are received by you. If you cancel your contract with us after receipt of the Goods, once you have cancelled you must not use the Goods and you must keep them in their original package. You must take reasonable care of the Goods.

16.6. If you cancel you contract, you must return all Goods to us (including any Promotional Products and Accessories) at your own risk within 30 days of cancellation with their original packaging and full contents along with original documentation and proof of purchase. You are responsible for the cost of returning the Goods.

16.7. On cancellation under the Distance Selling Regulations, you are entitled to a full refund of all sums paid within 30 days of cancellation. Refunds (where applicable) in full or part will be credited to the credit or debit card used to make the original order.

17. Free Gifts & Cash Back offers

17.1. If you are entitled to a Free Gift or Cash Back you will be notified when you place your order.

17.2 Any customer who purchases a mobile phone from 1^st November 2010 will receive their free gift automatically after 28 days subject to payment of their 1^st Mobile Phone Bill to their chosen network. This gift will be supplied subject to the following terms and conditions.

17.3. SCS network services will have been able to establish residency at your current address, that is you are on the electoral roll and that this information matches the time specified with you order.

17.4 A Valid home telephone number must be given so we can contact you to confirm your order, as part of this confirmation process if we have any issues with your ID we will make you aware of this before we ship your order.

17.5 In the event that none of the above (17.2, 17.3, 17.4) are satisfied we will require you to complete and return our normal free gift claim form. See below (17.6 to 18)

17.6. To claim your Free Gift or Cash Back please send us a completed Free Gift or Cash Back claim form (which will have been sent to you at the time your Goods were delivered) together with one form of proof of address (for example a recent utility bill for the address used to place the order in your name) and proof of signature (copy of your driving licence or the signature strip from the back of the credit card used to place your order) and evidence that you have paid in full your monthly invoice in respect of the first month of your Airtime Contract in the form of either:

(a) the original receipted invoice from your Network Provider in respect of your first month of your Airtime Contract. This will be the second invoice you receive; or

(b) an original bank statement showing payment being debited along with your first invoice,

(“Claim Documents”).

We must receive this evidence within 28 days of the date of your second invoice. If your claim is received after this date you will not be eligible for your Free Gift or Cash Back. We do require to see your original mobile phone bill, please take a copy before you send your bill to us as we will not be able to return them. We strongly advise you to send your bills by recorded delivery together with your completed claim form.

17.7. To be eligible for a Free Gift or Cash Back you must have paid your first month of your airtime contract in full and not have made any changes to your tariff originally connected at point of order.

17.8. This Claim document along with your mobile bill must be received within the term of your contract connection, Any claim received after this will not be and classed as void.” For example on an 18 month contract you can claim your gift at any time during this period”.

17.9. All our Free Gifts are offered subject to their availability at time of connection and or claim; in the event of a Free Gift being unavailable we reserve the right to substitute for an equivalent or better product.

17.10. All Free Gifts are supplied with a manufacturers warranty; it is the customers' responsibility to register the warranty with the relevant manufacturer.

17.11. Free Gift images displayed on our website or in any advertisement are for illustration purposes only and colour of the Free Gift supplied may vary.

17.12. Free Gift and Cash Back offers are limited to 2 per household per year.

17.13. All Free Gifts will be posted to the address you supplied to us when placing your order.

17.14. Successful claims will be paid within 28 days of receiving your claim. Cheques will be made payable to the person named on the Airtime Contract.

17.15 Please inform us if you have not received your Free Gift or Cash Back claim form within 14 days of connection. If you do not notify us within this period, we are not obliged to supply a replacement claim form.

17.16. All claims for Free Gifts or Cash Back are subject to these Terms and any claims which do not conform to these Terms will be void. Free Gift and Cash Back offers are not transferable.

17.19. All Claims should be posted by recorded delivery to: Sprint Communication Systems, Unit 6, Honywood Road Business Park, Honywood Road, Basildon, Essex, SS14 3HW.

17.20. Your claim will be processed once the Claim Documents have been received. Should you not receive communication from us within 21 days of sending the Claim Documents, contact customer services at info@sprintcomms.co.uk or call our 24 hour customer service team on 08450 405998

17.21 Free gifts are supplied taking into consideration that you will pay you monthly airtime bill to your chosen network for the duration of the agreed contract term, in the event that you cancel, default or change your tariff as with early termination referred to in paragraph 14.1 you will be responsible to pay the full trade price of the free gift claimed, any dispatch and delivery costs incurred.

18. Limitations on Liability

18.1. Notwithstanding any other provisions of these Terms, nothing in these Terms will:

(a) affect or limit any rights you may have as a consumer under English law; or

(b) exclude or limit our liability for death or personal injury resulting from our negligence.

18.2. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damage (both of which terms shall include, without limitations pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the website or any contract with us.

19. Definitions

“Accessories” means any mobile accessories supplied by us either sold separate or with a mobile phone;

“Airtime Contract” means the agreement with your Network Provider for connection to the Network;

“Cash Back” means our payment to you pursuant to the terms herein, which will be made by either cheque or electronic funds transfer or credit;;

“Distance Selling Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;

“Free Gift” means the free product or products as described on our website;

“Goods” means any products offered for sale by us;

“Network Provider” means the supplier of network services under a Airtime Contract;

“Pay Monthly Phones” means mobile phones supplied subject to an Airtime Contract;

“Pay Monthly SIM Contract” means a SIM only supplied subject to an Airtime Contract;;

“Pre Paid Phones” means mobile phones supplied on a pay as you go basis;

“Pre Paid Sim Cards” means a SIM only provided on pay as you go basis;

“Promotional Product” means an item or product offered free of charge or at a discounted fee with Goods supplied by us save for mobile phones supplied for free or discounted with Pay Monthly Contracts;

“Services” means any services offered for sale by us;

“us”, “our”, “we” means www.thepurplephonecompany.co.uk a trading name of SCS Network Services Limited, Unit 6, Honywood Road Business Park, Honywood Road, Basildon, Essex, SS14 3HW.

Address for correspondence:

Thepurplephonecompany

Unit 6, Honywood

Road Business Park

Honywood Road

Basildon

Essex

SS14 3HW

Customer Service Number 08450 405998

“you” and “your” means the person, firm or company who enters into a contract with us , the person, firm or company who access our website.

This website is owned and operated by;

SCS Network Services, Unit 6, Honywood Road Business Park, Honywood Road, Basildon, Essex, SS14 3HW.