TERMS & CONDITIONS
These Terms apply to any contract between us for the sale of Goods to you (Contract). By ordering Goods with us, you agree and are bound by these Terms and the other documents referred to in them.
These Terms will be updated from time to time. Every time you wish to order Goods, please check these Terms to ensure you have the Terms applicable to you at the time of purchase.
These Terms were most recently updated on 19th March 2019.
Information About Us
1.1 We are Eze Talk Limited registered in England and Wales under company number 07242614 and our registered address is The Bromley Centre, Bromley Road, Congleton, CW12 1PT
1.2. To contact us, please see our Contact Us page: https://www.eze-talk.com/contact/
2.1. In these Terms, the following expressions have the following meanings:
2.1.1 Phone means the mobile phone handset
2.1.2 SIM Only means a SIM card
2.1.3. Service means the provision of access to a mobile network.
2.1.4. Pristine means bearing no scratches, marks, cracks or any other signs of minor or significant damage as defined within our Terms.
2.1.5. Minor Damage means bearing mild cosmetic wear, including light scratches and marks, but no significant damage as defined within our Terms.
2.1.6. Significant Damage means bearing any of the following in any combination, but not limited to: a broken or cracked screen; a broken or cracked back or bezel; deep scratches, dents, bends or tears; broken seals; missing buttons; a missing or damaged battery; any other missing parts; snapped hinges; water damage; or tampered software. Or any of the following, as a result of physical damage: touch screen faults; keypad damage; charging port not working; headphone jack not working; camera functions not working; earpiece not working; any other hardware features not working; or unable to power on.
3.1. A sample of the Goods may be show on our website (www.utlityexpert.co.uk) which are for illustration only. We cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods and their packaging may vary slightly from those images.
3.2. All Goods shown on our website are subject to availability.
3.3. You may only purchase Goods from us if you are at least 18 years old, provide your real name, address, phone number, email address, payment details and other required information.
Handsets and SIM Only
4.1. Finance – Eze Talk acts as credit broker/intermediary and not as a lender. Eze Talk is authorised and regulated by the Financial Conduct Authority. Credit is provided by Klarna Bank AB, which is authorised and regulated by the Swedish Financial Services Authority, with limited supervision by the Financial Conduct Authority and Prudential Regulation Authority in the UK. Terms and Conditions apply which are held in the credit agreement that you will receive prior to signing. You must be 18 or over and must be a UK resident for 3 years or more.
4.2 If you have applied for a loan facilitated by Klarna Bank AB to finance your mobile handset, the following clause applies. In order to take out your loan, you will have entered into a contract with Klarna Bank AB. All information in relation to the finance is supplied by Klarna and you should contact Klarna Bank AB directly if you have any queries or wish to take any action in respect of the loan.
4.3 You have 14 days cooling off period in which you can return your phone which must be returned unopened. If you fail to return any Phone we will commence proceedings to recover the cost of Goods from you including but not exclusive to invoicing you for sums owed. We will commence proceedings against you to recover such sums if they are not paid to us on demand.
4.4 Your SIM Card is supplied by Eze Talk.
4.5 If you cancel the agreement during the cooling off period, you’ll need to return the Eze Talk handset and SIM card. If you don’t return the handset and SIM card, we may charge you the full original value of them.
- Please note, SIM Only are subject to a fair use policy. Special numbers and services (such as roaming charges, international calls, premium rate numbers and some 08 numbers) are not included. Sometimes the allowances may change, but we will always inform you in advance if they do.
5.2 Our SIM only products are connected to either the EE, Vodafone or O2 networks. The networks are not available everywhere in the UK. The Services are not fault-free and the speed and quality of your connection, for example, can be affected by things like the thickness of the walls of the building you’re in, technical issues and the number of members near you trying to access the Services at the same time. If we believe you are using the Service fraudulently or illegally we will cancel your service.
5.3 You may only use our services in the EU and selected destinations for periodic travel, like holidays or short breaks. If you’re not genuinely using our services for periodic travel we may have to charge you for, or suspend you from, using our services in the EU and selected destinations.
5.4 All use of our services will be subject to our Fair Usage Guidelines. We may suspend or terminate your access to our services in the event that you breach our Fair Usage Guidelines.
5.5 If your SIM Card is lost, stolen, damaged or destroyed or used without your authority, you will contact Eze Talk immediately and cooperate with us in our reasonable security and other checks. We reserve the right to bar or suspend your SIM Card where we reasonably suspect it has been lost or stolen.
5.6 We can only deliver to a UK address and will deliver within 30 days.
6.0 How the contract is formed between you and us
6.1 Our acceptance of the order will come into effect when we email you to accept it, at which point a contract of sale will come into existence between you and us.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3. After you place an order, we will send you an acknowledgement e-mail (known as “Order Confirmation”) with your order number and details of the product(s) you have ordered. Please note that the Order Confirmation is an acknowledgement that we have received your order, not an acceptance of your order.
6.4. Our acceptance of your order for product(s) and the formation of the contract of sale between us and you will take place when we send you an email that confirms that the products have been despatched (known as “Order Despatch”). You have the option to cancel your order at any stage before we have sent the Order Despatch by contacting our call centre.
6.5. If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price as referred to below, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.
6.6. Should the products and/or Services not be available, within 30 days of the Order Confirmation, we reserve the right to cancel your order and refund any payment made by you in full as soon as possible.
How We Use Your Personal Information
Your Legal Rights
- 1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7.1. You have 14 days, starting the day after the Goods came into your physical possession, in which to notify us of your intention to cancel your Contract. If we receive notification outside of the cancellation period, you will be liable for the full contracted term and the cost of the Goods.
7.2. You must return the Goods without undue delay, and in any event not later than 14 days after the day on which you informed us of your wish to cancel your Network Contract. Failure to return the Goods within the stated time period will result in your Network Contract remaining active, and you will be liable for the full contracted term and the cost of the Goods.
7.3. We can only cancel your Contract once the returned Goods have been received by us.
7.4. It is not our responsibility to collect the Goods, you must return them to the following address: The Bromley Centre, Bromley Road, Congleton, CW12 1PT.
7.5. You must bear the direct cost of returning the Goods. If the Goods are lost or damaged in transit, you will be liable for the cost of replacing them. We recommend using a recorded and insured delivery service.
7.6. You are responsible for returning the Goods in an unopened, pristine condition (as described in clause 2.1.4), in the box, otherwise you be liable for their replacement.
Exchanges and Repairs
8.1. Qualifying Goods that are reported as faulty within 30 days of the date of your delivery will be exchanged free of charge by the manufacturer or by ourselves.
8.2. We will endeavour to provide a like-for-like replacement for your Goods. Where we’re unable to, we will provide as close a match as possible.
8.3. Qualifying Goods that are reported as faulty after 30 days of the date of your delivery, and within the term of the manufacturer warranty, will be exchanged or repaired by the manufacturer or our Repair Partner.
8.4. For the Goods to qualify for an exchange or repair under the manufacturer warranty, they must have developed a manufacturer fault, and be determined as such by ourselves or our partners.
8.5. Wilful or negligent damage to the Goods do not qualify for an exchange or repair under the manufacturer warranty, including damage from water, impacts or otherwise.
8.6. For the Goods to qualify for a non-faulty exchange, they must be returned in pristine condition, along with the original box and the headphones (where included) unopened and unused.
8.7. If a manufacturer fault cannot be identified by ourselves or our partners, you will be liable for the Assessment Fee and the Goods will be returned to you.
8.8. If any wilful or neglectful damage to the Goods is determined, even if we or our partners also identify a manufacturer fault, you will be liable for the Assessment Fee and the Goods will be returned to you.
8.9. If the Goods are returned for a non-faulty exchange and meet the criteria set out in clause 7, you won’t be charged the Assessment Fee. Non-faulty exchanges do not qualify for a postage refund.
8.10. If the Goods are returned for a non-faulty exchange and do not meet the criteria set out in clause 7 you will be liable for the Assessment Fee.
9.1. Your order will be fulfilled on or around the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2. Delivery will be completed when we deliver the Goods to the address you gave us.
9.3. If you are not available to take delivery, we will make the Goods available for collection by you and will let you know where they can be collected from and for how long they will be kept there. If you do not collect the Goods within the relevant period they will be returned to us. Re-delivery can be arranged by contacting our customer services department and will be subject to payment by you of additional delivery charges.
9.4. The Goods will be your responsibility from the completion of delivery.
9.5. You own the Goods once we have received payment in full, including all applicable delivery charges except that you will only own a Contract Phone or SIM Only at the end of the Minimum Term.
9.6 There is a non refundable £9.99 charge for delivery.
No International Delivery
10.1. Unfortunately, we do not delivery to addresses outside the UK.
10.2. You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
Price of Products and Delivery Charges
11.1. The prices of the Goods will be as quoted on our site or by our qualified sales partner over the telephone.
11.2. Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3. The price of the Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
11.4. The price of the Goods does not include delivery charges. Our delivery charges are £9.99.
11.5. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced or the wrong information may be given in relation to Network Contracts, Tariffs or promotions (an Error). If we discover an Error we will inform you and will give you the option of continuing with your order on the basis of the correct information or cancelling the order. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
11.6 There is a one off connection charge for broadband purchases of £9.99.
11.7 Paper bills are charged at £3.99 per bill sent to cover production and postage costs.
11.8 Non Direct Debit accounts will incur a £5.00 monthly charge, where a Direct Debit has not been set up such as in the instance of a Contract Cancellation.
12.1. Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.
12.2. If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.3. Extended warranties and insurance for the Goods may be available. You can see the details of the insurance we can offer at www.eze-talk.com.
Our Liability to You
13.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but not for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2. We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3. Please note that your contract for the supply of the Service is with the Network and not with us and we will not be responsible for any problems you experience with the Service.
- Events Outside Our Control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, and acts or omissions by third parties including the Network or the courier we appoint to deliver the Goods.
14.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Other Important Terms
15.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing but we will not unreasonable withhold our agreement.
15.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect and the unlawful or unenforceable terms will be changed to the minimum extent necessary to make them lawful and enforceable.
15.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5. These Terms and the Contract for the purchase of the Goods are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.