1.
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Basis of Contract
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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.
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2.
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Customer status
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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.
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3.
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Delivery
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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.
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4.
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Price and Payment
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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.
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5.
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Right to Cancel
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5.1
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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.
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5.2
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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.
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6.
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Data Protection
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6.1
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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.
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6.2
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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.
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7.
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Guarantee
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7.1
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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.
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7.2
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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.
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8.
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Liability - your attention is
particularly drawn to this clause
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8.1
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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.
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8.2
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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.
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8.3
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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.
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8.4
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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.
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9.
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General
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9.1
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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.
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9.2
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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.
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9.3
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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.
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9.4
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All third party rights are excluded and no third
party shall have any right to enforce these Terms of Sale.
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9.5
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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.
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9.6
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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.
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9.7
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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.
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10.
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Our Details
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10.1
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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.
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10.2
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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.
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