Terms and Conditions
TERMS AND CONDITIONS
By using the Website you agree to be bound by these Terms.
We reserve the right to:-
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity
you will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
- E-mail address: email@example.com or
- Telephone number: (44) 0207-078-7589
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
Price and payment
All prices are inclusive at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment 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. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you or commence the services, whichever is the earlier.
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 cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
Each good purchased or sold is subject to additional specific terms and conditions related to that good including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
12-month warranty where provided by the manufacturer
Outside of the 28 days faulty return period, returned items can not be accepted, unless covered by manufacturer's warranty. Items returned to us will be forwarded to the manufacturer for repair or replacement.
The customer must notify our customer service department within the warranty period that the equipment is faulty or defective and describe the problem(s) they are experiencing.
The customer must return or arrange with us to collect the equipment within the warranty period.
The equipment must be returned properly addressed with RMA number and provided with adequate protective packaging.
The equipment must be returned along with the dispatch note as proof of purchase. If the customer does not still have the dispatch note, we must be satisfied from other evidence that the equipment was purchased by them from us and that the date of purchase was within 12 months of the claim under this warranty.
The customer will be responsible for the return of the equipment until it arrives back with us. If we have arranged to collect the item, the customer is responsible for it until it is in the possession of our appointed courier.
The customer is responsible for the cost of returning equipment to us (including our reasonable costs of collection where we collect the equipment, which must be paid in full before your equipment or any replacement equipment will be returned or delivered to you), unless otherwise agreed by our customer service department. We shall be responsible for the cost of returning or delivering repaired / replacement equipment to the customer.
This warranty only applies in respect of faults or defects that are due to faulty design, manufacture or workmanship. No repair or replacement of equipment will be provided if the equipment has been willfully damaged, misused, neglected, overloaded, modified, adapted or repaired (except as authorized by Moftware).
Equipment returned to us under this warranty may at our discretion be either repaired or replaced with equipment of a similar specification and condition. Please note that we reserve the right to provide replacements that are reconditioned rather than new.
No repair or replacement of equipment will be provided unless and until all sums due to us in respect of the equipment have been paid in full by the due date.
The warranty may not extend to consumable items including amongst other things cases, cables, facias, skins, batteries, fuses, case clips and stands, similar etc.
Upon return of repaired equipment or delivery of replacement equipment the customer may be required to sign as evidence of receipt.
This warranty is offered as an extra benefit and does not affect consumers' statutory.
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
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.
Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- will affect or limit your rights as a consumer under law; or
- will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, drivers, software or telecommunications links
- technical problems including errors or interruptions of the Website
- unsuitability, unreliability or inaccuracy of the Website
- inadequacy of the Website to meet your requirements
- 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 damages (both of which terms includes, without limitation, 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.
All products or services available on www.fommy.co.uk are meant only for the end users of our products and services.
Before using any of the products or services functions featured on www.fommy.co.uk please check local laws first.
Using the products or services featured on www.fommy.co.uk for any illegal purposes is strictly not allowed.
www.fommy.co.uk is a third party reseller of PDA, Mobile, and MP3 accessories and enhancements.
Our websites are in NO way connected to any of the PDA, Mobile phone and MP3 player manufacturers and their products!!
All Trademarks and Patents mentioned herein are property of their respective companies.
By visiting www.fommy.co.uk it is assumed that you agree that the PDA, mobile phone and MP3 player manufacturers featured on this site make no representation or warranty as to any third party content, products or services, and that they shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource!
Buying Products on Our Website
The price of any product is in force at the date and time of your order. We may change the price of any product before you place an order. We try to ensure that out prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a products correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
Any orders placed by those aged under 18 must be with the consent of a parent or carer. Any information given by the child must be with the consent of a parent or carer. The card holder must be available to give information in cases where an under 18 is ordering.
Phone/Device not included unless otherwise specified.
The product images that are displayed along with the respective devices in the website are shown to resemble the outcome of the accessories. Devices are not included unless otherwise specified.
Moftware will not tolerate any attempts to obtain goods by fraudulent means. Any fraudulent action will be reported to the relevant authorities. Please note that Internet host IP addresses are recorded when placing an order online.
Any brand names used on our website are the trademarks of their respective owners. The use of recognised brand names on the website is for the promotion of the sale branded products and does not imply any affiliation or representation of the respective brand owners. Errors and omissions accepted. All rights reserved.
Please be aware that using unofficial products with your mobile phone may invalidate your phone's manufacturer's Warranty. Moftware is not responsible for any damage caused to your phone or device.
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
Graphics, text, content, software, source code, downloads & software on this website are copyright Moftware. No material may be used or reproduced without the express permission of Moftware and is strictly prohibited.
We reserve the right to ship a product with a slight variation than what is pictured on the website. Since we work with many manufacturers to ensure that products are in-stock and ready to ship same day, there may be times when an alternate product is shipped. Alternate products will always be of equivalent quality and perform the same functions as what is described in the product description.
Policy Regarding Counterfeit Products
Items sold and fulfilled by Moftware are guaranteed to be genuine. Your safety is our #1 concern as well as protecting the trademarks and patents of the manufacturers we carry. We attempt to ensure that all phones and accessories we sell are original products. If you believe that you have received an item from our warehouse that does not appear to be genuine, please contact us immediately and we will investigate the product and provide you with a full refund or replacement of the correct product.
If you are not in agreement with the terms and conditions of this website please refrain from using this website immediately.