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The below Terms & Conditions
of business apply to all orders placed
with us or with brands associated
with gomarketcity.com Ltd where we process
and handle the order:-
1. Placing an Order & Stock
Availability
1.1 All items offered on our website
are subject to availability and price
change. 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 endeavour to notify you within
two working days of your order being
placed. We will advise you of the
likely time scale of any delay and/or
price change, but you are of course
at liberty to cancel your order.
1.2 Orders for any of our products
can be placed via our Secure Online
Server or by telephoning our Customer
Service Centre
1.3 All orders placed will be treated
as an offer to purchase. Any automated
reply that you receive shall not be
deemed to be our acceptance of your
offer to purchase. Acceptance of your
offer to purchase shall only be deemed
to be complete when we have sent a
confirmation email of the despatch
of the goods, to the email address
that you have provided (whether or
not you receive that email). We reserve
the right to refuse or reject any
offer to purchase at any time.
1.4 We aim to process and despatch
all orders as quickly as possible
- usually within two working days.
Business orders may take longer due
to verification and credit checking
processes. Orders involving the transfer
of mobile phone numbers may also take
longer due to the administration involved
with the relevant networks.
1.5 All orders are checked by our
Order Verifying Team for the security
of both you and us. Our Order Verifying
Team or the mobile phone network 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.
1.6 All orders must be accompanied
by active credit or debit card information
as we carry out checks and authorisations
with the 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.
1.7 All applications for a pay monthly
mobile phone "contract"
are subject to credit checks - the
mobile phone network may in some
cases
ask for a deposit to be paid by the
applicant before a connection can
be made. The network 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 Complications caused by any of
the above in Clauses 1.4 - 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, Amex and Solo
cards that are not swipe only. gomarketcity.com
will never debit any credit/debit
card until the order is ready for
despatch. In these Terms and Conditions
of Business:- "Goods" means
goods or products offered for sale
by us. "Goods" also means
mobile phones that are discounted
or supplied free with monthly paid
contracts.
2.2 "Promotional Product"
means an item or product offered free
of charge with goods that have been
supplied and paid for, or discounted
to free.
2.3 Goods and promotional products
supplied by us remain our property
until the goods are paid for in full.
If payment is declined by your cardholder,
or your cheque is not honoured by
your bank, whether before or after
despatch of the goods to you, we will
treat the order as cancelled.
If the goods and 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 Clause is without prejudice to
our rights under Clause
14 of these Terms and Conditions of
Business.
3. Website Accuracy
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 our website is updated on most
days.
3.2. However we cannot guarantee the
accuracy of information supplied,
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.
3.3. Products, 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 products are as a
representation only and should be
used only as a guide. Specifications
and/or colours of products may change
without prior notice.
4. Product Warranty
4.1. All products come with a 12-month
manufacturer's warranty. This warranty
does not affect your statutory rights
which cannot be excluded or restricted
at law.
4.2. Additional insurance and extended
warranty periods for mobile phone
handsets maybe available at an extra
cost on certain products. We do advise
that you consider taking this "Insurance"
wherever possible.
5. Delivery
5.1. Packages are delivered by Royal
Mail, Parcel Force and City Link.
The service type used will depend
upon the value and size of the product/s
purchased. Royal Mail Silver Delivery
and recorded service, Parcel Force
and City Link will require a signature
upon delivery.
5.2. Accessories - we endeavour to
despatch all in stock accessories
within 1-2 working days of the order
being placed. Accessories are delivered
by Royal Mail 1st Class or Recorded
Post depending on value.
5.3. Mobile Phone Contracts - we endeavour
to despatch all contract and prepaid
mobile phones within 2-3 working days
of ordering. (See clause 1.4 regarding
business orders and orders involving
the transfer of a mobile phone number).
These items are sent 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,
Sunday and Bank Holidays.
5.4. Prepaid Sim Cards - we endeavour
to despatch these connections within
2-3 working days of ordering. Prepaid
Sim cards are despatched by Royal
Mail recorded delivery.
5.5. gomarketcity.com cannot be held
responsible for any delays caused
by Acts of God, industrial action,
vehicle breakdown, service providers,
credit searches, stock availability
and delivery companies. These events
are outside of our control and we
cannot accept any liability.
5.6. Parcels sent to remote parts
of the United Kingdom, such as Northern
Scotland and parts of Northern Ireland,
the Channel Islands and the Isle of
Man etc may take longer to deliver.
5.7. We do not delivery any orders
outside of the United Kingdom unless
by prior mutually agreed arrangements.
To protect genuine card holders we
do not accept card payments, or COD,
for overseas orders under any circumstances.
The option for genuine overseas customers
wishing to purchase goods is by bank
transfer of funds. Please contact
our Customer Service Team on for our bank details.
6. Privacy of Information
6.1. Any information collected by
gomarketcity.com, including that gathered
at the time of ordering/registration,
is collected lawfully and in accordance
with the Data Protection Act 1998.
6.2. gomarketcity.com do not sell or
transmit any customers personal information,
including email addresses, to any
organisation for any purpose other
than for processing orders placed
with us (if necessary).
6.3. Where there is sufficient evidence
to suggest that fraud is being perpetrated,
(such as the stated name and address
being different to that of the credit/debit
card owner), gomarketcity.com reserve
the right to pass identification (such
as name, address, email and ISP details)
to other businesses, fraud data bases
and relevant authorities.
6.4. From time to time we may send
you information via email or post
regarding your purchase or regarding
other services/products available
from gomarketcity.com. We would always
provide an "opt-out" or
"unsubscribe" option in
any electronic correspondence to enable
you to stop any further mailings if
you so wished.
6.5. If you require any further information
regarding our Privacy of Information
policy please email webmaster@gomarketcity.com.
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. Prices are subject to
change at any time.
8. Mobile Phone Contract Connections
and SIM Card Connections
8.1. All mobile phone and prepaid
SIM card connections (excluding prepay
handsets) are subject to a 12 month
airtime contract. All connections
(excluding prepay) are subject to
a connection fee (unless otherwise
stated). All contract connections
are subject to status and acceptance
by the Network concerned to United
Kingdom residents aged 18 years or
over. Contract upgrades are also subject
to a further 12 months airtime contract.
8.2. A credit check will be carried
out by the network/provider prior
to connection using the information
supplied by the applicant. We will
always advise the applicant of any
negative credit assessments and connection
refusals. gomarketcity.com cannot be
held responsible for the result of
any credit assessments or for any
delays caused by insufficient or incorrect
information being supplied by the
applicant. See also Clause 1.7.
9. Returning Products
If for any reason you wish to return
a product or receive a replacement
product please call our Customer Service
Team on for assistance.
It is important that you contact our
Customer Service Team as soon as you
become aware of any problem or wish
to return an item. Click
here for full details of our Returns
Policy.
Our Returns Policy forms part of our
Terms and Conditions of Business and
applies to all goods and services
supplied by gomarketcity.com Ltd.
It is essential that you read and
fully understand our Returns
Policy and familiarise yourself
with our returns time limits and the
charges that will be incurred should
goods be sent back in a less than
pristine condition and/or with items
missing.
10. Returning Contract and Prepay
Handsets
10.1 If for any reason you wish to
return your contract handset within
the networks' allowed disconnection
period , it is essential that you
contact our Customer Service Team
on immediately. Click
here for full details of our Returns
Policy.
10.2 We cannot make reimbursements
for any loss of data, such as phone
book or personal information which
is stored on your mobile phone or
sim card and subsequently lost due
to a fault or need to return the handset.
10.3 On occasions a contract handset
return may be requested by gomarketcity.com.
In rare instances networks can change
their mind regarding a credit decision
when further information is revealed
after the despatch of the goods. We
reserve the right to request that
the goods be returned to us for a
full refund of any monies paid plus
reasonable postage/carriage costs.
In the event that these goods are
not returned or returned in a less
than pristine condition we reserve
the right to charge the customer the
cost of the goods supplied.
11. "Cash Back" and "Line
Rental" Refund Offers
11.1 Mobile phone packages offered
with "Cash Back" or "Line
Rental" refunds are gomarketcity.com
offers and are claimed by redemption,
usually in two halves on production
of the 6th and 12th monthly airtime
bill. Full details regarding redemption
are included with all orders which
feature these offers.
12. Complaints
12.1. If you have cause for complaint
regarding any service or product provided
by gomarketcity.com.com please email
full details for the attention of
the Duty Manager to customer.service@gomarketcity.com.
12.2. We endeavour to respond to
all complaints within five working
days and aim to resolve any problems
as soon as we can after receiving
details of a complaint.
13. Mobile Number Portability
13.1 Should your mobile number transfer
be delayed, we cannot be held responsible
for any delay occurring after our
initial setting up of the procedure
with the relevant network, as the
mobile number transfer is then totally
the responsibility of the two networks
and/or service providers involved.
13.2 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 mobile phone networks
and service providers.
13.3 An administration charge of £10
is levied on all O2 and Vodafone number
transfers plus a further £20
if the transfer is deemed to be a
migration. Please contact our Customer
Service Team for further information
about your proposed number transfer
to establish the costs involved. It
is important to note that some service
providers will also charge you to
take your number away.
13.4 It is important to be aware that
if your handset is disconnected for
any reason, including a change of
mind during the initial 7 or 14 day
"cooling off" period, your
transferred mobile number can be lost
and become irretrievable. gomarketcity.com
cannot be held responsible, under
any circumstances, for the loss of
a transferred mobile number. Transferring
a mobile number is done totally at
the customer's own risk.
14. Early Termination of Air Time
Contracts & Tariff Changes
14.1 Our offers with monthly contract
phones and packages are totally dependant
on the tariff selected, therefore
connecting to certain tariffs may
make you eligible for free gifts,
cash backs and free handsets.
14.1.2 In the event that your tariff
is downgraded within the first six
months from your initial billing date
("first period"), we will
invoice you the minimum sum of £100
plus VAT per handset plus a £20
administration charge. The charge
will be dependant on the tariff selected
at the time of the downgrade. Should
you change your tariff during the
first six months from your initial
billing date, either up or down, the
"first period" starts again.
It is in your interest not to change
tariffs in the first six months from
your initial billing date.
14.1.2.1 It is important to note
some networks may not allow you to
change your tariff, either up or down,
during part or the whole of your contract.
It is in your interest to select the
tariff that is most suitable for your
needs at the commencement of your
contract.
14.1.3 It is important to note that
Orange will automatically downgrade
to a Talkshare, handsets connected
by gomarketcity.com that subsequently
have existing handsets added to them
as sharers of the tariff set up by
gomarketcity.com. In this instance clause
14.1.2 will apply. It is in your interest
not to add handsets, connected prior
to that set up by gomarketcity.com,
as sharers within the first six months
from your initial billing date or
"first period".
14.1.4 In the event that you are
disconnected from your network for
any reason, within 6 months from your
initial billing date, we will invoice
you the minimum sum of £200
plus VAT per handset plus a £20
administration charge. The charge
will be dependant on the tariff selected
at the time of disconnection and will
take into consideration the cost of
the handset and any free gifts and
cash backs that have been supplied.
14.1.5 Disconnections arising during
the initial 14 day period, or initial
7 day period with T Mobile and all
upgrades including Orange Just Talk
to contract, are the only exceptions
to the above clause 14.1.4.
14.2 Should you have supplied us
with your credit or debit card details
you hereby expressly authorize us
to deduct the above amounts from your
card account in the event of any of
the above conditions arising.
15. Ordering By Telephone
15.1. We aim to give the most accurate
and up to date information available
when taking telephone orders. However
gomarketcity.com cannot be held responsible
for networks, service providers, manufacturers
and their distributors who from time
to time change specifications, terms
and conditions and offers.
15.2. Having read our terms and conditions
we recommend that you check the appropriate
network and service provider terms
& conditions and charges to ensure
that you are completely satisfied
with these.
15.3. As we are primarily an internet
based Mail Order Company we endeavour
to give as accurate information as
possible, (see 3.2.). Similarly we
cannot be held responsible for any
claim of inaccurate information given
during a telephone conversation/order
(see 15.1. and 15.2.)
15.4 We record all telephoned orders
for confirmation and training purposes.
16. Mobile Phone Insurance
All phone insurance is offered by
a third party, we are an introducer
only and do not insure any product
ourselves. It is important that you
read and understand their terms and
conditions. Should the third party
insurance company refuse to insure
a product or refuse a subsequent claim,
this may not be used as a reason to
return said products or break a contract
with a mobile phone network or service
provider.
17. Trademarks and Copyrights
We recognise all trademarks and copyrights.
Should you be the copyright owner
and be unhappy with our use of your
copyright please contact us and we
will correct the situation immediately.
18. Payment Authorisations
18.1 By accepting these terms and
conditions you agree that gomarketcity.com
are authorised to charge your credit
or debit card for the goods supplied.
You also agree that we are authorised
to charge your card with any other
charges specified within these Terms
and Conditions and within our Returns
Policy.
18.2 In the event that any amounts
become due (including downgrades,
early disconnections, missing or damaged
returned goods, credit or debit card
charge backs and dishonoured cheques)
and remain unpaid for more than 14
days, we reserve the right to engage
the services of a debt recovery agent.
Charges incurred as a result of this
action will be your responsibility.
19. Liability
19.1 In the unlikely event that your
contract mobile phone becomes faulty,
and you are without your handset for
more than 28 consecutive days because
we are unable to repair or replace
it, we will provide maximum compensation
equivalent to one month's line rental
on the tariff that you were connected
to at the start of the 28 days. We
are unable to pay compensation for
periods of less than 28 days.
19.2 gomarketcity.com will not be responsible
for any business loss (including loss
of profits, revenue, contracts, anticipated
savings, data, goodwill or wasted
expenditure) or any other indirect
or consequential loss.
20. Your Legal Rights as a Consumer
20.1 If any part of our terms and
conditions is determined by a UK court
to be invalid, illegal, void or otherwise
unenforceable under any current or
future law, the remainder of our terms
and conditions shall not be affected
thereby.
20.2 These Terms and Conditions do
not affect any of your statutory rights.
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