General terms

The following are the terms and conditions (called "the terms") for the supply of goods and services by chitter-chatter. We may change the terms from time to time without notice. However, any changes will only apply to any orders received after the change.

We intend to rely upon the terms. It is important that you read and understand the terms before ordering from chitter-chatter. If there is any term that you do not understand please notify us before ordering from us.

Chitter-chatters unique offers will have specific terms which are applicable to each one and these will be explained to you by phone or on our website at the relevant page.

You must be over 18 to order any products from us. We only accept orders from you if you are resident in the United Kingdom. By ordering from us you confirm that you are over 18 and in the United Kingdom. Delivery can only be made to addresses in the United Kingdom.

The benefit of any contract entered into with us is personal to you and only you can enforce the contractual terms.

Mobile phone ordering

We only agree to supply a phone to you if you enter into an airtime agreement to connect the phone we supply to an airtime provider for a minimum period of 12 or 18 months on the particular network and tariff that is associated with the phone. If there is a delivery charge, you must also pay that. The reason we insist on this is because mobile phones are worth several hundred pounds and we can only sell or supply a phone either free or for a price below what the phone is worth if you also enter into such an airtime agreement. Your contract for airtime is not with us but is with a separate mobile phone network.

If we deliver a phone to you and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the handset only phone.

The phone and any other goods we deliver to you become your responsibility once they are delivered to you.

Ordering from chitter-chatter

All orders for our mobile phones are subject to you passing status and credit checks required by the mobile phone networks. If you are making a payment for the goods, orders are subject to obtaining payment authorisation from your credit or debit card provider. We will let you know if you do not pass these checks or if we do not obtain such authorisations.

Please note that any automated reply or acknowledgement of your order that you may receive from us by email is not an acceptance of your order. The contract between us is made when we despatch the goods to you. If you have ordered through our website, we will send you an email confirming this. Only the goods stated on that email will be included in the contract.

Prior to entering the contract, we will be under no obligation to supply you with the mobile phone or other goods or services you have ordered.

We reserve the right to refuse or reject any order to obtain any goods or services at any time.

To purchase from us, you will need to use a credit, debit or charge card. If you order by our website, you will also need an e-mail address as we will use this to contact you. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures.

In order to obtain a mobile phone from us, it is necessary to pay your monthly payments to the airtime provider by direct debit. We will arrange for this to be set up automatically for you and details will be confirmed to you by your mobile phone network in writing soon after connection together with confirmation of when your first and ongoing payments will be taken. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. In the unlikely event of an error, you are entitled to an immediate refund from your bank. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that airtime agreements usually require payments to be made by direct debit and you may be in breach of your airtime agreement if you cancel a direct debit or request a refund.

If you order insurance through us the insurance company will require a direct debit for any insurance premiums. We will arrange for this to be set up automatically for you and details will be confirmed to you by the insurer in writing soon after connection. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that your insurance may cease if you cancel a direct debit or request a refund.

Once you are connected to your mobile phone network, your first bill may not be for a complete month. The exact period will depend on the particular billing cycle that the airtime provider operates. We do not have any control over this but it does mean that any free minutes and/or free messages are pro rated from connection up until the date of your first bill. We recommend that you check this with your mobile phone network upon receipt of the phone.

Price

If you have agreed to pay for the phone or any goods during a telephone call with us, the price will be the price that we tell you during our telephone call. If you order from our website the price will be the price quoted on the online order form.

Occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price and ask you if you still wish to place a new order with us. If we have not heard back from you within 10 days, then we will assume that you did not want to place a new order and we will give you a full refund if you have already paid.

We reserve the right to cancel the contract between us if one or more of the goods you ordered were listed at an incorrect price due to a typographical error or because of an error in our website. If we do cancel your contract in such circumstances, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

By ordering from us, you agree that we are authorised to charge your credit, debit or charge card with the amount shown on the online order form or the amount we agree with you over the phone.

Delivery

Any delivery charges will be explained to you by phone or, if you order from our website, will be stated on the website.

We will try to deliver the goods on the date agreed with you. If we are not able to do so, then we will inform you and we will agree an alternative date with you or you may, if you wish, cancel the contract and we will fully reimburse you. We will deliver to the current address given by you at the time you place your order. You must be available to accept personal delivery and sign an acknowledgement of delivery. If the package appears damaged when it is delivered to you we advise you not to accept delivery.

We strongly recommend that, upon receipt, you inspect the phone. In the unlikely event that we deliver the wrong phone to you or the phone or other goods are defective or damaged, please inform us as soon as reasonably possible.

We will not be liable for any delays beyond our reasonable control. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver it.

If we are unable to provide you with the phone you have ordered for reasons beyond our reasonable control, you will be contacted as soon as possible at which point you will be offered the choice of accepting a substitute phone or a complete refund of any sums that you have paid.

Data Protection and Privacy

By ordering from chitter-chatter, you agree to us using your personal details in order to supply the goods to you (which may involve passing them on to relevant third parties such as credit card companies, mobile phone networks, insurance companies and delivery firms) and in order to send you further information about our products and services. If you breach this agreement your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

To make sure we follow your instructions correctly and to improve our service to you through training of our staff, we may monitor or record communications.

We will also pass on your personal details to mobile phone networks to enable them to set up direct debits, administer your airtime agreement and perform checks with credit reference agencies and for anti-fraud checks. We may also carry out status checks. If you order your insurance through us, you give us permission to pass your data to relevant insurance companies.
You consent to us and people to whom we pass your personal details to contact you by post, email, SMS and phone. You consent to us obtaining information from the relevant mobile phone network, insurance company or provider of mobile phone replacement schemes and any repairers about your use of the phone we supply to you.

You may request us to stop using your data or contacting you in particular ways (other than as is necessary for the performance of our obligations under our agreement or as permitted by law) by contacting our Data Protection Controller.
We may also disclose your personal information if we are required to do so by law for example to the Financial Services Authority and other regulatory and government agencies.

To help us and mobile phone networks to make credit decisions about you, to prevent fraud and to check your identity, we and the mobile phone network may search our own files and the files of credit reference agencies who will record any credit searches on your file. Details of how you conduct your account may be disclosed to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention, money laundering prevention and occasionally for tracing debtors.

You acknowledge and agree to be bound by the terms of our privacy policy

Returns Policy

If you wish to take advantage of our returns policy, it is your obligation to return the phone in question together with any accessories and other goods supplied at your own cost by special delivery. Our returns policy only applies to phones which are unused (i.e. not used to make or receive calls or send or receive messages or data).

Our returns policy is in addition to any other rights you have and enables you to return the unused phone and other products we have sent you and end any associated airtime agreement. For phones with an associated airtime agreement, the unused phone and other goods must be returned to us within 7 working days of delivery (30 days on T-Mobile Business Tariff).  You must follow the Returns Procedures supplied with the phone. If there is an associated airtime agreement, you will remain liable to pay for any line rental until the unused phone and all other goods we supplied to you are received back by us in unused condition in accordance with this policy. The unused phone and other goods must be returned in their original packaging. If we do not receive the phone and other goods back by the required date or if it has been used or we do not receive all the accessories that we sent to you, then any associated airtime agreement will not be cancelled and you will remain liable under it. You are responsible for the phone and other goods until they are received by us. Unless we have provided you with a prepaid envelope, you are responsible for the cost of returning the phone to us.

Refunds (where applicable) will be credited to the card used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.

Unless you have cancelled the contract in accordance with paragraph 10, even if you do not use the phone, the airtime agreement will be deemed to be have commenced on the date of delivery.

Clawback

8.1 If you enter into a nominated airtime contract we are sometimes able to offer you a free or subsidised handset, free line rental (through cheque back claims) and/or give you a promotional item. You acknowledge and agree that if you end the nominated airtime contract or you if fail to fulfil your payment obligations under the nominated airtime contract or if you subsequently move onto a lower tariff in the nominated airtime contract within the first seven months of the start of such contract we have the following rights:

Liability

Nothing in the terms limits our liability to you in the event of death or personal injury from our negligence.

We will not be liable under our agreement with you for any loss or damage caused by us or our employees or agents in circumstances where i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach at the time we enter into our contract with you; iii) any increase in loss or damage results from breach by you of any of the terms.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time we enter into our contract with you (such as loss of profits or loss of opportunity).

As a consumer, you have certain rights by law regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms do not affect those rights.

We will not be liable in any way for technical or other problems that you may experience when using our website and we are not responsible for any loss or damage of any kind caused to your computer equipment from using our website.

Offer Terms

All offers are valid only for the periods stated in the relevant advertisement or on the relevant web page.

If any provision of the terms is unenforceable this will not stop the rest of the terms from being enforceable.

Even if we do not exercise any of our rights on a particular occasion, that will not prevent us exercising those rights in the future.

Cancellation under Distance Selling Regulations

If you are a consumer, in addition to the benefit of our returns policy you also have certain cancellation rights under Distance Selling laws and paragraph 10 applies.

Should you wish to cancel your contract then you may do so by sending us written notice before we have accepted or despatched your order or by sending us written notice no later than 7 working days after receiving the phone.

However, as there is an associated airtime agreement  you will not be able to cancel your agreement once you have started to use the phone.

If you cancel your agreement before you have received the goods but we have already processed the goods for delivery you must not unpack the goods when they are received by you.

If you cancel your agreement after receipt of the goods, once you have cancelled you must not use the goods and you must keep them in their original packaging.

You must take reasonable care of the goods.

If you cancel, you must return the goods to us at your own risk and cost. You should follow the Returns Procedure enclosed with your phone.

Once you have notified us of your cancellation then any sums paid by you will be reimbursed within 30 days (other than our costs if we have to recover the goods from you). If you cancel under this paragraph and have not returned the goods to us within 7 working days of cancellation or when requested, you must make the goods available for collection by us at your cost. We can recover the costs of recovering the goods from you if you do not return them to us.

Provisions applicable to the use of our website

The contents of our website are directed solely at those who access this site from the United Kingdom. Any products for sale on this site may only be purchased and delivered to persons within the United Kingdom. If you choose to access the website from outside the United Kingdom it is your responsibility to check that you comply with any relevant laws. We may decline access to our website to any person.

We may revise the provisions applicable to the use of our website at any time by updating this posting. You should check our website from time to time to review the then current provisions, because they are binding on you.

We are the owner of the chitter-chatter trade mark and branding. All other trade marks, brand names, product names and titles and copyrights used in this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

Limited License: You are permitted to print and download extracts from our website on the following basis:
(i) no documents or related graphics on this website are modified in any way; (ii) no graphics on our website are used separately from accompanying text; and (iii) our copyright notice and this permission notice appear in all copies; (iv) you only do so for your own personal use and in connection with your use of the website as part of an ordinary relationship with us. Unless otherwise stated, the copyright and other intellectual property rights in all material on our website (including without limitation photographs and graphical images) are owned by us or our licensors. Any use of extracts from our website other than in accordance with the limited license above for any purpose is prohibited. If you breach any of the terms in this paragraph 11, your permission to use our website automatically terminates and you must immediately destroy any downloaded or printed extracts from our website.

Other than by way of the limited license above, no part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in the terms are reserved.

You may not link our website to any other website without our prior written consent. If we give any such consent we can revoke it at any time.

We provide our website on an 'as is' basis and make no representations or warranties of any kind with respect to our site, its contents or its accessibility and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. For example, specifications of phones are obtained from the phone manufacturer. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

We will not be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the above, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Definitions

In the terms:

"you" and "your" means the person, firm or company who enters into a contract with us, or in the case of paragraph 11, the person firm or company who accesses our website.

"us", "our" and "we" means chitter-chatter telecom Ltd, a limited company registered in England. Our company registration number is 2892807. You can write to us at Nimax House, 20 Ullswater Cresent, Coulsdon, Surrey.

chitter-chatter’s VAT Number is 621728255.

chitter-chatter telecom Limited 1994 -2006. All Rights Reserved. The contents of this the terms and our website are protected by copyright.

Cash Back Offer 1st August 2008 to 31st August 2008

Instant cash back of £100 or less will be paid straight into your bank account after confirmation that your mobile account is still connected.