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Phone shop by Sainsbury's terms and conditions of use

Terms & Conditions

 

This legal notice applies to the contents of the website under the domain name www.phoneshopbysainsburys.co.uk (“Website”).

Welcome to Phoneshopbysainsburys.co.uk Terms and Conditions for use. Please read this agreement carefully. These represent the Terms and Conditions for using this service. If you do not agree to these, you may not use this Website or register for use of the Website.

 
You are permitted to use our Website solely on the basis of these Terms and Conditions. We reserve the right, at our discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes.

NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.

THIS IS AN AGREEMENT BETWEEN YOU AND SAINSBURY’S SUPERMARKETS LTD (“Sainsbury’s”).   If you have any questions relating to these Terms and Conditions please contact us here.      


1. Use of the Website

1.1 To register with the Website and purchase goods and services from our Website you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.  You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.  You must advise us immediately if you believe or suspect that any passwords or security information provided by you are compromised.


1.2 We reserve the right to:

  • Decline a new customer registration or suspend a customer's account at any time and at our sole discretion;
  • In our absolute discretion, to terminate your access to all or part of the services with or without notice;
  • In our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice;
  • Change the website or delete facilities in any way, at any time and for any reason.

 

2. Network Terms and Conditions

2.1 All purchases of goods and services are additionally subject to the terms and conditions and refund policies of your chosen network provider. Please see:

http://www.t-mobile.co.uk/

http://www.vodafone.co.uk/

http://www.three.co.uk/

http://www.o2.co.uk/

http://www.virginmobile.com/

 

3.  Availability

3.1 Goods and services are subject to availability. If for any reason beyond our reasonable control we are unable to supply a particular item or service, we will not be liable to you except to ensure that you are not charged for that item.  In the event that we are unable to supply the goods or service, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

 

4. Bulk purchase

4.1 To ensure availability of all our goods, customers may be limited to a maximum number of units per order.

4.2 Goods will not be supplied for the purposes of resale, and are only supplied for a customer’s own use as a consumer. We reserve the right to refuse orders that we consider are for commercial or non-domestic purposes or subject to onward delivery by a third party.

 

5. Purchase for non-domestic use

5.1 We have selected our goods and services on the basis that they will be used for domestic and personal use only.  Where you decide to use the goods in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose or satisfactory quality. We accept no liability for business losses, lost data, lost profits or business interruption.

 

6. Pricing, descriptions and product information

6.1 The prices which you must pay for the goods or services that you order are set out on the Website at the time you place your order (plus a delivery charge if applicable). Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the goods or services listed on our site may be incorrectly priced. If the correct price is higher than the price stated on our site, we are under no obligation to supply the goods or services to you at this price and will inform you as soon as possible to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

6.2 The prices quoted on this Website apply only to goods and services sold via this Website. Where the same goods are available in our stores or via the Sainsburys.co.uk website different prices may apply.

6.3 Delivery costs, where applicable, will be displayed in your basket before you begin the checkout process.

6.4 You may purchase an enhanced delivery service when you checkout.  By selecting an enhanced delivery service you agree to waive your Distance Selling rights to cancel the enhanced delivery service within seven days.  If you do not agree then you should not select the enhanced delivery service.  Your acceptance of our Terms and Conditions at checkout indicates your agreement to this condition.

6.5 The delivery rate that will apply to your order will be the rate applicable on the date of purchase as detailed in our delivery policy. Our delivery rates are displayed in the ‘checkout’ section of the Website and may change from time to time. 

6.6 All prices are shown in £s sterling and include VAT


7. Placing an order and order acceptance

7.1 The Order Acknowledgement email and order number are not an order confirmation or order acceptance from us.  Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the goods or services ordered unless we have notified you that we do not accept your order or you have cancelled it. All orders are subject to the successful completion of a credit card check.  Where items are despatched separately, our acceptance of the order in respect of each item takes place when that item is dispatched. Our carrier will make every reasonable effort to contact you to make delivery, but if they are unable to do so then your order will be cancelled and payment refunded to your card.

 

8. Payment

8.1 If you purchase goods or services requiring immediate payment we take payment from your card at the time we receive your order, once we have checked your card details and stock availability.  Payment must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. You can use a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out.  Payment will be pre-authorised against your card and will be held until a credit check is completed. 

8.2  To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.  By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency.

8.3 Nectar points cannot be used as payment for all or part of an order.

8.4 Sainsbury’s gift vouchers and gift cards cannot be used as payment for all or part of an order. 

8.5 Coupons issued at store tills are not redeemable online unless specifically stated.

8.6 Online payments for products purchased from Sainsbury’s are processed by SecureTrading Limited. You can view a copy of their privacy policy here.

 

9. Colleague Discount

9.1 Colleagues who purchase goods and services from PhoneshopbySainsburys.co.uk may be entitled to a colleague discount on their purchases. Colleague discount is provided strictly in accordance with the terms of the colleague discount policy and is available to the colleague and their named second user.  By registering as a colleague and receiving colleague discount on the Website you confirm you are a colleague entitled to colleague discount and agree to comply with the Colleague Discount Policy, this policy may be updated from time to time.

 

10. Delivery

10.1 Your order will be delivered by courier or by Royal Mail and may require a signature on delivery.  If you are unavailable when the courier attempts to deliver, they will leave a card.  You will be responsible for calling them to re-arrange delivery.

10.2 We deliver to mainland UK and Northern Ireland addresses specified by you on the order form.  We may be able to deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands and BFPO addresses. However, we reserve the right to charge a surcharge to these and other remote locations.

10.3 Provided that we have processed and received payment in full for the goods or services, ownership of an item will pass to you once we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour).  When an item has been delivered, risk of damage to, or loss of, the item passes to you.

10.4 By placing an order you are authorising us to accept a signature from another person at the same address or from a neighbour on your behalf if you are not present at the time of delivery.

10.5 Sainsbury’s will be under no liability for any delay or failure to deliver the goods of services within estimated timescales.  We exclude liability in contract or tort (except liability for death or personal injury caused by our negligence) for any loss, economic or otherwise incurred by or suffered by you in connection with any provisions included in these Terms and Conditions or by your use of our Website.

10.6 You must not use a product that is damaged or different to the product you ordered. Failure to comply with this will deem that you have accepted the goods and you will be unable to return them because they are damaged or different to that ordered. Your statutory rights are not affected.


11. Services

11.1 Sainsbury’s has met the requirements of the Waste Electric and Electronic Equipment (WEEE) Directive by financially supporting the national network of WEEE recycling centres established by Local Authorities.  This is achieved through membership of the national Distributor Take-back Scheme (DTS). Click here to read more.

 

12. Cancellation, returns and refunds from Phoneshopbysainsburys.co.uk

12.1 You have the right to cancel your online order at any time until we dispatch the goods to you.  Our Returns policy  includes your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which requires us to provide you with goods in compliance with the contract and allows you to cancel your distance contract with us without giving any reason within 14 days following the date of receipt of the goods.  A limited number of items may not be returned unless faulty (see below) and we may reduce the amount refunded if the goods have been used or handled unreasonably before return.  Exclusions apply – see our Returns policy for details.

12.2 Should you wish to cancel your order before dispatch, please press the cancel button in your order summary.

12.3 To cancel an online contract after despatch you must inform us in writing by using the Returns Form enclosed with your Delivery Note.  Alternatively you may cancel your contract by contacting us within 14 days following the date of delivery and stating clearly (quoting your order number) that you wish to cancel your contract.  The goods must be returned to us, at your own cost, within 14 days of your notice of cancellation.  If you cancel your contract you must return the good(s) to us in the same condition in which you received them, and at your own cost and risk unless we provide you with an alternative returns service such as freepost.  You have a legal obligation to take reasonable care of the goods whilst they are in your possession and we may reduce the amount refunded if the goods have been used or handled unreasonably before return.   Please note that goods brought from this site cannot be returned to a Sainsbury’s store.

12.4 Your right to return does not apply to goods which fall into the following categories unless they are faulty:Pre-recorded and recording media eg Opened and used SIM cards once unsealed;

  • Pre-recorded and recording media eg opened and used SIM cards once unsealed;
  • For health and hygiene reasons Headphones that have been sealed for protection reasons will be deemed as used if unwrapped and cannot be returned.

Please see our Returns Policy for full details.

12.5 We offer an exchange or refund for faulty goods returned within 28 days.  After this time we reserve the right to offer a spare part or repair where appropriate.  Please see our Returns Policy for full details.

12.6 Any refunds will be made to the debit or credit card on which the original purchase was made within 14 days.

12.7 Your statutory rights are not affected.


13. Nectar points

13.1 The Nectar point collection programme is subject to the Nectar collector rules which are set out in the Nectar registration pack, brochure, and are also available online here.  Sainsbury’s reserves the right to alter or terminate the Nectar points offer at any time without the need for prior notice. You will earn Nectar points for every full £1 you spend with us on selected goods and services. You will not earn Nectar points on delivery charges. Nectar points cannot be used as payment. Nectar points will be reclaimed on returned items. 


14. Evouchers and promotions

14.1 Evouchers can only be used on this Website subject to these Terms and Conditions.

14.2 Evouchers are, and remain at all times the property of Sainsbury’s. The right to use an evoucher is personal to the original or named recipient and may not be transferred without permission.  It may not be copied, reproduced or published either directly or indirectly.  Evouchers distributed or circulated without our prior written approval are not valid and may be refused or cancelled.  If you redeem or attempt to redeem an evoucher to which you are not entitled you may be committing an offence.

14.3 Sainsbury’s reserves the right to cancel or withdraw any evoucher or promotion at any time without notice and without reason.  If we refuse an evoucher for any reason we will inform you before the order is despatched to give you the opportunity to cancel the order.

14.4 Unless otherwise stated an evoucher may be used only by the named recipient, it may only be used as stated on the evoucher and not in conjunction with any other offer or evoucher.  Evouchers cannot be exchanged for cash, gift vouchers, delivery charges (except where stated) or for a whole order.

14.5 Certain goods may not be purchased using evouchers and these will be clearly listed as exceptions on our site.  Any excluded goods will not count towards any qualifying condition for the use of the evoucher.

14.6 When an evoucher or other promotional offer applies to more than one product, the total value of the promotional offer or discount is split and shared across each applicable product in the correct ratio. If an item or part of the order is returned, then we will refund the relevant correct value.


15. Cashback and Free Gifts

15.1 Cashback or free gifts may be offered from time to time on identified goods or services. They will only be despatched after any cooling off or returns period has expired and may take upto 6 weeks to deliver.  If you amend or cancel your order within the cooling off or returns period, the cashback or free gift will not be honoured.  Cashback offers will be subject to additional terms and conditions and full details of how to claim will be provided on our Website at the time of your order. To qualify for any cashback offer, all cashback terms and conditions must be complied with.  If you do not comply with any cashback term or condition all future cashback payments will be forfeited.

15.2 If you return your order under our Returns Policy you must also return any cashback or free gift received by you in connection with that order.

15.3  All free gifts are subject to availability.  We will make every effort to deliver any free gift within a reasonable timescale (or 6 weeks).  We reserve the right to substitute the free gift with one of greater or equal value. Where a substitute is not available we will deliver the free gift to you as soon as stock becomes available.

15.4 Free gifts will be despatched by courier or by Royal Mail and may be required to be signed for on delivery. If you are not available to receive your free gift a card will be left and you will be responsible for re-arranging delivery.

15.5 Free gifts are subject to limitations per household or per order.


16. Dealing with third party suppliers

16.1 You agree that your dealings with third party suppliers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Sainsbury’s liable for any disputes you may have with such third party supplier.  Sainsbury’s is not responsible for the content of any third party site.

16.2 From time to time, the Website may contain advertising and sponsorship and the individual advertisers and sponsors are responsible for ensuring that the material complies with all relevant laws and codes of practice. Sainsbury’s will not be responsible for any error, omission or inaccurate information contained within this advertising or sponsorship material. 


17. Links

17.1 The Website may provide, or third parties may provide, links to other websites or resources. As Sainsbury’s has no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and Sainsbury’s is not responsible for the availability of such external sites or resources and is not liable for the content found at such sites or resources.  If you decide to access any third party websites linked to the website you do so entirely at your own risk.


18. Intellectual property

18.1The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission.


19.  Our Liability

19.1 We warrant to you that any goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied provided that such purposes are domestic. Where you decide to use the goods in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

19.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased.

19.3 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

19.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

(a) Loss of income or revenue;
(b) Loss of business;
(c) Loss of profits or contracts;
(d) Loss of anticipated savings; or
(e) Loss of data.

provided that this clause 19.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 19.1 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 19.4.

19.5 We will not be liable to you for any goods that you find offensive or obscene irrespective of whether or not it is marked up as containing explicit material. Your use of the goods is at your own risk.

19.6 Although we will take all reasonable care to ensure that all descriptions and details of goods appearing on our Website are correct at the time when the information was inputted onto the system, the information appearing on our Website at any time may not reflect the exact position at the moment you place an order.

19.7 Please be aware that the colours and appearance of the goods may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the goods on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible.

19.8 Where you buy any goods from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.


20. Written communications

20.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


21. Notices

21.1 All notices given by you to us must be given to Sainsbury’s by sending us an email.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

21.2 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


22. Transfer of Rights and Obligations

22.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

22.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

22.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


23. Waiver

23.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

23.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 21 above.


24. Severability

24.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

25. Our right to vary these terms and conditions

25.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

25.2 You will be subject to the policies and terms and conditions in force at the time that you order goods or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).


26. Updates to these terms and conditions

26.1 We reserve the right to update our Terms and Conditions in line with changes to business needs and Distance Selling Regulations, as and when required.


27. Privacy

27.1 Registration data and certain other information about you is used subject to our Privacy Policy.  We recommend that you read our Privacy Policy before you accept these Terms and Conditions.


28. Company details

This Website is owned by and operated by Sainsbury’s Supermarkets Ltd.

Registered address: Sainsbury’s Supermarkets Ltd., 33 Holborn, London, EC1N 2HT.
Registered number 261722 England.
VAT number 660 4548 36.