Terms & Conditions
Valid From 11 October 2013
By using this website and/or placing an order for Goods and/or making an application for a Network Airtime Contract, a customer (“you/your”) agree to Metrofone’s (“we/us/our”) Terms and Conditions as set out below. No alteration proposed by you will be binding unless we agree in writing:
1. Ordering and specifications
1.1. In these terms and conditions “Goods” mean goods or products offered for sale by us including but not exclusively mobile phones (handsets), promotional products, Free Gifts or accessories. “Goods” also mean mobile phones (handsets) that are discounted or supplied free with monthly paid contracts.
1.2. In these terms and conditions “Network(s)” mean mobile telecommunication network run by mobile Network Operator. The “Network Operator” is the Network you have chosen to enter into a Network Airtime Contract with.
1.3. You shall be responsible for ensuring that Goods you purchase are of the correct specification for their intended use.
1.4. We make every effort to ensure the accuracy of the information included on our website. We cannot, however, guarantee that accuracy of the information supplied in relation to product specifications, Network tariffs or offers as these may change without prior notice before or after you have placed an order with us.
1.5. In the event that a change occurs which becomes effective in the period between you placing your order and despatch and would be of detriment to you, we will contact you before proceeding with your order.
1.6. Pictures of products including colours are representations only and should be used only as a guide.
1.7. You must complete the order form with correct and accurate information.
1.8. We will carry out certain checks on the information you provide when completing the order form to ensure the security of both you and us. These checks are intended to check your address and identity and perform the necessary credit checks as required by the Network. In the event that we encounter any problems performing these checks or your application is declined by the Network we will contact you and advise you of the situation.
1.9. If any issues arise as a result carrying out the procedures in Clauses 1.5 and 1.7 this may cause a delay in the despatch of your order.
Must be a minimum of 18years old, reside in the UK and hold a valid UK credit or debit card.
2. Orders taken over the telephone
2.1. If we take an order over the phone it shall be deemed that you have read and accepted our terms and conditions.
2.2. You should also check any network terms and conditions to ensure that you are completely satisfied with these.
3. Stock availability
3.1. All Goods offered for sale on our website are subject to availability.
3.2. Whilst we make every effort to show that an item is out of stock, if an item is ordered and, due to unforeseen circumstances, it is out of stock we will notify you within 1 working day (excluding weekends) of your order being placed. In these circumstances we shall advise you of the likely time scale of any delay.
3.3. In the event that an item is out of stock you have the right to cancel your order.
4. Pricing of equipment
4.1. The price of any Goods purchased shall be the quoted price (which we can change in the case of an error).
4.2. The date we accept your order is the date that the Goods are despatched.
4.3. Unless indicated otherwise all Goods include VAT at the appropriate rate.
5. Payment and Ownership of Goods
5.1. We will verify your credit card details when we take payment for your Goods. Even if your handset is supplied Free we will still charge a sum of money from your credit card account for the purposes of credit card verification. This is only for verification purposes and the sum charges will be automatically refunded. This may take up to 5 days to be refunded depending on the bank you use. We will then take payment for Goods in your basket that require a value to be paid to us. No funds will be debited from your credit card account for a handset that has been sold as 'FREE'.
5.2. Goods or promotional products, supplied as part of any offer remain our property until the Goods are paid for in full. If payment is declined, whether before or after despatch of the Goods to you, we will treat the order as cancelled. If the Goods have been despatched we may require return of the goods or payment in full by alternative means.
5.3. Until such time as ownership of the Goods passes, you shall hold it on our behalf and keep it safe and identified as our property.
5.4. We agree we will not exercise our rights under this clause where you have entered into an Airtime agreement with a Network and that you are performing your obligations as to payment under it and have paid all outstanding amounts to us for any other Goods you have purchased.
5.5. Any claim or obligation under this Clause is without prejudice to our rights under Clause 11 of these Terms and Conditions.
6. Warranty for Goods supplied
6.1. All Goods come with a minimum of 12 months manufacturer’s warranty and all Goods are supplied subject to the terms of warranty or guarantee as given by the manufacturer of the equipment.
6.2. No liability will be accepted for any defect arising from fair wear and tear, water ingress, accidental or wilful damage, negligence, misuse, repair or failure to follow manufacturer’s instructions.
6.3. This warranty does not affect your statutory rights which cannot be excluded or restricted by Law.
6.4. Other than set out in these term and conditions we shall be under no obligation to exchange, repair or replace the equipment or provide refunds.
6.5. You accept that you are solely responsible for backing up any data held on your mobile phone handset prior to any repair or return of a mobile phone handset and you acknowledge that any such data may be lost during repair or if the mobile phone handset is exchanged.
7.1. We will send Goods to you at your home address provided in the order application.
7.2. We will endeavour to process and despatch all orders received Monday to Friday (except when a bank holiday falls on one of these days) before 4pm to be delivered the next working day. If the order is received on a Saturday or Sunday the delivery day will be Tuesday or in the event of a bank holiday the next working day after the Tuesday.
7.3. In the event that any items you have ordered are out of stock we shall inform you and despatch such items whenever it becomes available. We reserve the right to ship Goods separately.
7.4. Non mainland deliveries may take longer than shown in Clause 7.2.
7.5. When your order has been despatched we shall send you a confirmation email providing a tracking reference.
7.6. We will not be liable for any delays in delivery and delivery is subject to the availability of a delivery service.
8.1. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
8.2. We collect the information to process your order and to provide you with the best possible service.
8.3. We do not sell the personal information we have collected from you including email addresses, to any organisation or third party. Your information may be transmitted to other companies including Mobile Phone Network Operators for the purpose of processing orders placed with us, or for providing additional services that are related to orders that have been placed with us.
8.4. You agree that we may use personal Information provided by you in order to conduct appreciate identity and anti fraud checks. Personal information may be disclosed to a credit reference or anti fraud agency or other relevant organisations which may keep a record of that information.
8.5. We may from time to time send you information via email, text or post regarding your purchase or other products available from us. We will give you the chance to refuse any electronic communication.
8.6. The information we hold will be held securely in accordance with our internal security policy and the law.
8.7. We may use technology to track the pattern of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. This information collected in this way can be used to identify you unless you modify your browser settings.
8.8. If you require any further information regarding our privacy of information policy please email: email@example.com .
9. Mobile Phone Network Airtime Contract Connections
9.1. All mobile phone contracts are subject to a minimum Network Airtime Contract term. All contracts are subject to status and acceptance by the Network Operator.
9.2. All applicants must be UK resident and be aged 18 or over.
9.3. A credit check will be carried out by the Network Operator using the information provided in the application. We cannot be held responsible for the result of any credit assessment or for any delays caused by insufficient or incorrect information being provided by you. In the event that you are declined by the network we will notify you.
9.4. On application for a mobile phone contract connection you are deemed to have accepted the relevant Network Terms and Conditions. A copy of the Network Terms and Conditions can be found on our website.
9.5. On acceptance by the Network to a Network Airtime Contract you agree to the set up of a mandatory direct debit arrangement with Network Operator Network Operator to collect your line rental and other network charges from your bank using the details provided in the application.
10. Return or exchange of Goods
10.1. All returns and exchanges require an authorisation code. To obtain the authorisation code you will need to call 0800 0096888 0800 0096888 Any unsolicited returns will not be processed and will be returned to you.
10.2. If within 14 days of receiving your Goods you change your mind and decide you no longer wish to purchase the Goods, you are under our returns policy entitled to return the Goods for a refund or exchange provided they are returned in the same condition as they were delivered to you. Returns must be made within 48 hours of receipt of the returns authorisation code. If the Goods are not received in this time period and/or the Goods have been used or the Mobile Phone has been connected to the mobile phone Network we will not accept this as a 14 day cancellation and you will remain liable for the full term of the contract. All Goods must be returned in their original packaging with full contents included. You will be responsible for all the costs of return. This Clause does not apply to business customers.
10.3. If within 30 days of receiving your Goods your mobile phone develops a fault we will exchange it with exactly the same model. Your replacement will be sent after we have received the original item. You must return the faulty goods in the Original Packaging. If any of the following items are missing we reserve the right to charge you the following:
10.3.1. Missing charger £20
10.3.2. Missing Battery £30
10.3.3. Missing manuals £10
10.3.4. Missing Disks, Memory card, Cables or headsets £15
10.4. If it is found that the Goods returned for exchange are either not faulty of have been wilfully damaged, the Goods will be returned to you and we will charge you a handling fee of £9.99.
10.5. If after 30 days the phone develops a fault the phone must be sent to the Manufacturer for repair.
10.6. We will only provide a prepay envelope for exchanges notified within the 30 days period from receipt.
11. Cancellation of Network Airtime Contract
11.1. If within 14 days of despatch of the phone you decide you no longer wish to enter into a Network Airtime Contract you must return your mobile phone in accordance with Clause 10.1 and 10.2.
11.2. Usage of your SIM card or handset signifies acceptance of your Network Airtime contract and the handset . Usage would include but is not limited to making or receiving a call, SMS, MMS, downloading data or using any of the functions of the handset including but not limited to GPS, Camera, setting Contacts or diary.
12. Early termination or change of Network Airtime Contracts
12.1. If for any reason you disconnect or are disconnected from the Network in the period from the date of connection to 120 days from your initial billing date you will be invoiced for the cost to us of the handset and any Free Gift we provided to you plus an administration fee. The minimum charge per handset will be £200 plus VAT. All charges will be actively pursued.
12.2. Disconnection in the first 14 days are exempt from the above provided the handset has been returned in accordance with Clause 9.
12.3. If for any reason you downgrade your airtime tariff in the period from the date of connection to 120 days after your initial billing date you will be invoiced per handset a minimum of £100 plus VAT. The invoiced amount will be dependent upon the tariff selected at the time of the downgrade.
12.4. In the event that you are disconnected from the Network for any reason within the minimum term contract or you have bought out your Airtime contract with the Network you will no longer be eligible to any redeemable offer or cash-back payable by Metrofone.
12.5. In the event that we are notified by the network that you have not paid your monthly bill you will no longer be eligible to any redeemable offer or cash-back payable by Metrofone.
12.6. Should you be invoiced for any charges by us under this Clause 11 you hereby expressly authorise us to collect payment of the invoiced amount from the Credit or Debit card provided in your application.
13. Free Gifts and other offers
13.1. Free Gifts :
13.1.1. Free Gifts will be despatched within 120 days following payment of the first Network Airtime Bill.
13.1.2. If for any reason we become aware of any changes to or cancellation of your Network Airtime Contract we reserve the right to withdraw the offer of the Free Gift.
13.1.3. If for whatever reason we are unable to supply the Free Gift in the offer we will contact you to discuss an alternative.
13.1.4. Free Gift images are for Illustration purposes only and the colour of the gift supplied may vary.
13.1.5. We reserve the right to request from you proof that the first bill has been paid before we supply the Free Gift.
13.2.1. Cash-back payments will be made automatically within 120 days after payment of the first Network Airtime Bill. You do not need to make a claim.
13.2.2. We reserve the right to request from you proof that the first bill has been paid before we make payment of the cash-back.
13.2.3. If you do not receive payment within 8 weeks after payment of the first Network Airtime Bill please contact customer services at: firstname.lastname@example.org and we will investigate.
13.3. Line rental reductions:
13.3.1. Line rental reductions are calculated using the Network line rental cost at the time of purchase.
13.3.2. Payments of the value of the line rental reduction will be made in 5 equal instalments by making a claim.
13.3.3. For Line rental reductions applicable to 18 month contracts you will be required to make a claim by sending us your 5th, 8th, 11th, 14th and 17th Network Airtime Bill.
13.3.4. For Line rental reductions applicable to 24 month contracts you will be required to make a claim by sending us your 6th, 9th, 13th, 17th and 23th Network Airtime Bill.
13.3.5. We will accept original, clear photocopies or a printout from the online service of the Network Airtime Bill provided the Bill shows: the mobile number connected, your name, your address matching your application, the tariff you are connected to and that payments on the account are up to date.
13.3.6. If the Network Airtime Bill shows your payments are not up to date your claim will be rejected.
13.3.8. If the tariff on the Network Airtime Bill is lower than that on your application we reserve the right to reject your claim. Moving to a higher tariff during the minimum term will not impact your claim.
13.3.9. You must retain your contract for the minimum term. If you upgrade you handset during the minimum contract term with any company outside the Metrofone group of companies any subsequent claim will be rejected. If you upgraded with a Metrofone group company your claim will not be affected.
13.3.10. All claims must be received within 60 days of the date of the relevant Network Airtime Bill. If your claim is received after this date your claim may be rejected. We do not accept any liability for late claims. We recommend you send you bills by recorded or special delivery.
13.3.11. Payments of the claim will be made within 120 days of receipt of the relevant Network Airtime Bill.
13.4. All Claims are subject to the Terms of Conditions set out herewith and claims that do not conform to these terms and conditions will be void and no payment will be made.
13.5. Claims should be posted to:
Claim Rebate Department
Genoa House, Juniper Drive
London SW18 1FY
If you do not receive payment within 8 weeks of sending in your documents please contact customer services at: email@example.com and we will investigate
14.1. If you take out Insurance with the handset you agree to Insurance terms and conditions shown on the website and to the setup of a Direct Debit for the monthly collection of premiums.
15.1. If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action if you or us break this Agreement again.
15.2. If either of us cannot do what we have promised in this Agreement because of reasons beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, such party will not be liable for this.
15.3. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.
15.4. This agreement is subject to the law of the relevant part of the United Kingdom and the English Courts have exclusive jurisdiction.
15.5. You will be deemed to have received the Equipment and these Terms and Conditions of Sale when we have tried to deliver them to you even if you were not there to collect them.
15.6. Each of the Clauses of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
15.7. This website is owned and operated by Metrofone which is a trading division of KTM Online Limited,7 Treadway Tech Centre,Treadway Hill,Loudwater,High Wycombe,Bucks,HP10 9RS. Registered in England Company No 10781202 Vat registration number GB 276 6191 72.
• preventing crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention;
• research, surveying, polling, general campaigning, and engaging with you, including sending you messages (email or SMS) for these purposes on our, or a third party's behalf,
• marketing and promotion including calling or sending messages (email or SMS) for these purposes on our, or a third party's behalf.
• dealing with emergency services;
• monitoring and managing your account, including providing quality control services;
• complying with our obligations to our service providers; and
The information we collect and process about you may include sensitive personal data.
You also agree that we may use other suppliers to fulfil these purposes on our behalf, and that we may share your data with them in order to allow this.
WCS Insurance is a separate entity to KTM Online Limited. All claims must be settled through WCS. Coverage included theft and damage.
Gadget Helpline Terms and Conditions for Direct Debit customers
Gadget Helpline is a trading name of TMTI Limited. Subscribers will receive a welcome email or letter including instructions on how to access the support services. In all cases, the first thirty days of Gadget Helpline support are free of charge. Subsequently, all payments will be collected by TMTI Limited either using Direct Debit in which case collections will be made every six months in advance beginning at the end of the thirty-day free period or by credit/debit card in which case collection will be for a year’s subscription in advance.
Although EU Legislation provides a statutory minimum cancellation period of 14 calendar days from set-up for ‘distance contracts’, the Gadget Helpline support service may be cancelled at any time during the 30- day free period prior to the first payment being collected at no charge. Any cancellation requests must be made either by using the website gadgethelpline.com and clicking Cancellations, by email to firstname.lastname@example.org , or in writing to: Gadget Helpline, TMTI Limited, Corsley Heath, Warminster, Wiltshire, BA12 7PL.
Please ensure you quote the subscriber name, address and any reference number in your communication. Any cancellations made following the collection of the first payment will carry a minimum administration fee of £5.00.
The Gadget Helpline support service will remain available to the subscriber and other members of the subscriber’s household between the hours of 09:00 – 18:00 Monday to Friday (excluding Public Holidays) and 10:00 – 18:00 Saturday whilst payments are being correctly maintained and paid.
Calls to the 0844 numbers published in relation to the Service are charged at 5p per minute at all times from BT landlines and may incur a connection fee but charges may vary from other networks and mobile operators. Calls to 0344 or 0333 numbers published in relation to administration queries are charged at a rate equivalent to normal Geographic (01, 02, and so on) numbers.
TMTI Limited will use its reasonable endeavours to resolve support issues raised by our customers in relations to Gadgets they may own. Gadgets are defined as the following:
MP3 players, flat screen TVs, DVD players, games consoles, satellite receivers, digital cameras, video cameras, mobile phones, Bluetooth headsets, computer printers and scanners, satellite navigation devices, fax machines, answering machines, home audio systems and PCs (initial out of the box support only). All items must have been purchased new within 3 years.
Items that do not fall within the definition of Gadgets for the purpose of this service are:
Apple Mac’s, computer software, musical instruments, white goods (e.g. fridges freezers dishwashers, etc.), kitchen electrical products (e.g. microwaves, ovens, cookers, mixers, kettles blenders, etc.), domestic appliances (e.g. washing machines, vacuum cleaners, irons etc.). The customer will appreciate that this list is not exhaustive and TMTI Limited will endeavour to support customers’ needs as they arise.
TMTI Limited reserves the right to determine whether or not an item falls within the definition of a Gadget for the purposes of this service and to apply a ‘reasonable use’ policy at their sole discretion where it may be necessary to maintain service levels.
Remote Access support
From time to time it may be necessary for the Gadget Helpline to access a customer’s device remotely in order to diagnose a problem and/or deliver a support solution, TMTI Limited will interact directly with the device using third party remote-access software. Customers of the Gadget Helpline consent to this remote access being used on their device unless consent is expressly refused. Devices accessed remotely must be the personal property of the customer and not that of an employer or Public Authority; by allowing the remote access service to be deployed, customers confirm that this is the case.
TMTI Limited will use reasonable endeavours to avoid any unintended outcomes or loss of data; however, the avoidance of events resulting in loss of data or software cannot be guaranteed. Users should ensure that appropriate Firewall and Virus Protection safeguards are in place on the device to be supported by the remote- access service and back up all important data and software in advance of any remote-access support so that any accidental loss can be retrieved. Users of the remote-access service acknowledge that actual hardware faults and certain software or other issues are likely to be beyond the scope of the service.
Users of this Remote Access service must be 18 years of age or over.
Valid software licenses for all appropriate operating systems and applications must be correctly in place at the time of using this service. By using this service, users confirm that all such necessary software licenses are correctly in place.
During the remote-access diagnosis and/or problem-resolution we may record the session’s telephone call and device activity for training and quality-monitoring purposes.
TMTI Limited does not give or imply any warranty or any other assurance as to the operation, quality or functionality of the service. Access to the service may be interrupted restricted or delayed for any reason. TMTI Limited does not give or imply any warranty or other assurances as to the content of the advice given by their representatives, its accuracy, completeness, timelessness or fitness for any particular purpose. To the full extent permissible by law, TMTI Limited disclaims all responsibility for any damage or losses (including without limitation financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or any action or decision taken as a result of using the Gadget Helpline support service.
Choosing the Gadget Helpline support service constitutes acceptance of these Terms and Conditions. Full terms can be seen at: http://blog.gadgethelpline.com/terms *excludes white goods
1. This promotion is only available to residents that live in the UK and are aged 18 years or over. The prize draw is only available to the person who purchased a mobile device with connection to a network from www.metrofone.co.uk.
2. The prize draw is not available to employees, agents or partners connected with www.metrofone.co.uk or KTM Online LTD.
Closing date of your entry is Two weeks after your transaction date with www.metrofone.co.uk. Should you be the successful applicant please allow 28 days for your prize to be delivered.
3. KTM Online Ltd cannot accept any responsibility for entries not received.
4. The prize for this promotion is £250 of high street vouchers.
5. The rules of this promotion and the winner of the prize are as follows
6. The only way to enter this competition is to complete a Trustpilot review for www.metrofone.co.uk. This review must be connected to a transaction of a mobile device successfully connected to a network.
7. The winner of this promotion will be notified by email. KTM Online LTD will also announce the winner via their social media channels connected with www.metrofone.co.uk
8. The prize is subject to availability. If the prize is not available KTM Online LTD reserve the right to substitute the prize for equivalent value.
9. KTM Online LTD reserve the right to amend or cancel this promotion and its terms and conditions in the event of War, military or civil disturbance, acts of god or any event outside of KTM Online LTD’s control.
10. KTM Online LTD is not responsible for any inaccurate information supplied by the applicants or winner. This also includes inaccurate details that may affect third parties involved with the promotion.
11. The winner will be selected at random quarterly and notified via email within 24 hours. The winner must allow 28 days for the prize to be delivered.
12. Only one entry per person.
13. The terms and conditions of this promotion are governed in accordance with the laws of England and Wales.
14. KTM Online LTD require a response from the winner within 1 week of notification. If the winner does not respond another winner will be randomly selected.
15. The prize draw winner randomly selected is binding and final. KTM Online LTD will not enter into any correspondence regarding the outcome of this competition other than with the winner.
16. The promoter of this prize draw is KTM Online Ltd. Registered office 7 Treadaway Tech Centre, Treadaway Hill, Loudwater, High Wycombe, Buckinghamshire, HP10 9RS.