Terms of sale

Terms of Sale and Right to Cancel

These terms cover the sale of our goods to consumers located in the UK. If you are buying in a business capacity or are based outside the UK, it please contact us on 0800 0 336 339 or sales@trueCall.co.ukand we will let you know whether we accept your order and, if so, on what terms.

To protect your own interests please read the conditions carefully (along with the terms of use at our Website www.trueCall.co.uk) before placing your order. If you are uncertain as to your rights under this agreement or you want any explanation about any of the terms then please email or telephone our customer services department (0800 0 336 339 / CustomerServices@trueCall.co.uk).

1.

Basis of Contract

Any reference to "Website" means www.trueCall.co.uk. "We, Us, Our, Ourselves" means TrueCall Limited. "You, Your, Yourself" means the person who orders goods from us. “Goods" means the goods available for purchase on the Website and which are ordered from us by you.

2.

Customer status

You will not own the goods until we have received payment in full in cleared funds for them. We will not accept orders for the goods from anyone under the age of 18 years. By placing orders for the goods, you confirm that you are aged 18 years or over.

3.

Delivery

Dates and times for delivery are estimates only. If the goods are not delivered in the time stipulated please inform us as soon as possible so that we can look into this.

4.

Price and Payment

Payment must be made by credit or debit card. You must provide us with payment details at the time of placing your order. We use a third party, to authorise your payment for the goods. We accept no liability for any loss and/or damage that you may suffer as a result of the acts and/or omissions of such third party.

5.

Right to Cancel

5.1

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you received the goods or paid for a service. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.2

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

We will make the reimbursement without undue delay, and not later than -

a) 14 days after the day we receive back from you any goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

You shall send back the goods to trueCall Ltd, 2 Castle Yard, Richmond, Surrey TW10 6TF without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You will have to bear the direct cost of returning the goods estimated at approximately £5.00.

6.

Data Protection

6.1

We will process personal data disclosed by you in accordance with our Privacy Policy, the terms of which are incorporated into these Terms of Sale. By placing an order, you consent to such processing and you warrant that all data provided by you is accurate.

6.2

We use third-party payment facilities that subscribe to standard industry security practices, however, we cannot be held responsible for how a 3rd party protects your data.

7.

Guarantee

7.1

We guarantee that the goods will be free from defects for a period of 12 months from the date of delivery. If the goods develop a defect during this 12 month period you should let us know as soon as possible. If, after inspection, we agree, acting reasonably, that you have a valid claim, we will either replace the defective goods, repair the defective goods or refund you in full for the full price of the goods paid by you, including delivery charges and return costs paid by you. If we do not agree that you have a valid claim we shall return the goods in question to you and reserve the right to charge you for delivery. This guarantee is issued in addition to and not in substitution for your statutory rights, summarised in 9.5 below.

7.2

You should inform us as soon as possible if the goods are damaged or are incomplete on delivery. We shall either refund you the sums paid for the Goods or shall send you replacement Goods. In either case we will refund the costs you incurred in returning them to us.

8.

Liability - your attention is particularly drawn to this clause

8.1

Nothing in these Terms of Sale shall exclude or limit our liability for death or personal injury due to our negligence, our fraud or any other type of liability we cannot exclude or limit as a matter of English law.

8.2

If either you or we are in breach of the arrangements under this Agreement, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Our liability for such losses is strictly limited to the purchase price of the equipment and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time you enter into this agreement.

8.3

Subject to paragraph 8.1, 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, including but not limited to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or paragraph 8.2 or any other claims for direct financial loss that are not excluded by any of the above categories of loss of this paragraph.

8.4

The trueCall Internet Control Panel uses your telephone line to communicate with the trueCall server. If you use it there may be charges from your telephone operator for these calls. We cannot guarantee that the service will be supported by every telephone operator.

9.

General

9.1

You are solely responsible for the use made of the goods. In particular, you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

9.2

If any provision of these Terms of Sale is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Sale and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

9.3

We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

9.4

All third party rights are excluded and no third party shall have any right to enforce these Terms of Sale.

9.5

Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact the Citizens' Advice Consumer Service 03454 04 05 06.

9.6

The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use or use of the Website. However this does not prevent residents of Northern Ireland, Scotland or Europe from starting proceedings in their own local courts.

9.7

If there is a dispute and this cannot be settled then we will be happy to submit to the alternative dispute resolution procedure operated by Small Claims Mediation (UK) Ltd, 33 Leicester Road Blaby LE8 4GR - http://www.small-claims-mediation.co.uk.

10.

Our Details

10.1

Our registered office and main trading address is 2 Old Palace Lane, Richmond, Surrey TW9 1PG. Our telephone number is 0800 0 336 339, and email address is info@trueCall.co.uk. Our VAT registration number is 927 1868 92 and our company registration no. 6562315.

10.2

If you are unhappy with any aspects of the service and/or goods that we have provided to you or have any comments regarding the service, please contact us by writing to the above address or e-mail us at CustomerServices@trueCall.co.uk. We will endeavour to respond promptly to all communications.



Model cancellation form (Download form here)

To: trueCall Ltd, 2 Castle Yard, Richmond, Surrey TW10 6TF

(0800 0 336 339 / CustomerServices@trueCall.co.uk)

I hereby give notice that I cancel my order for the following trueCall items:

Your name:

Your address:

Ordered on (date) :

Signature (if on paper)

Date