MOBILE FUN LIMITED TERMS & CONDITIONS – BUSINESS SALES ONLY
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
- Buying Products on Our Website
- Prices and Payment
- Returns & Errors
- Telephone Calls
- Suspension and Termination
- Limitation of Liability
- Matters beyond Mobile Fun Corporate's Reasonable Control
- Third Party Rights
- Entire Agreement
- Time for Performance
- Intellectual Property
- Company Details
- Services - Additional Terms & Conditions
- Customer Obligations
- Mobile Fun Corporate Obligations
- Limitations on the Services
01. Mobile Fun Corporate is a business to business reseller. In buying from Mobile Fun Corporate you agree that you are buying goods or services only for business purposes. The liability provisions in conditions 31-33 below set out our responsibilities to you in more detail, but as a business customer, purchases you make from us will not benefit from the statutory protection available to consumers under the Sale of Goods Act 1979 (as amended) and related legislation.
02. We do business only under these Conditions of Sale. All other terms, including any which may be included with your purchase order, are explicitly refused. We are not obliged to accept any order that you place with us, or offer you credit. Please check our website for the latest version that applies to your order (see condition 42).
03. Goods are subject to availability and may vary from those advertised.
04. You must decide before ordering if the goods are suitable for your needs; we do not accept any responsibility for assisting you with that decision.
05. Although we make reasonable checks to avoid errors occurring, please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order. Where we make a mistake we will give you the option to either: (i) cancel your order and obtain a refund of any sums paid in advance; and/or (ii) place the order again at the correct price/on the correct terms.
06. All images on this site are reproduced with a view to portraying our products as accurately as possible. Please be aware that designs may vary slightly, from those shown, due to normal design and production fluctuations.
07. Orders can only be accepted from businesses which have a Mobile Fun Corporate Account and must be submitted on a company Purchase Order to our Corporate Team by email to email@example.com.
08. Applications for a Mobile Fun Corporate Account can be submitted using an online application form. All of our prices are inclusive of VAT. Delivery charges will be calculated following the processing of your Purchase Order – All goods are shipped using a signed for service.
Note: Mobile Fun Corporate welcomes Business Purchase Orders from outside of the European Union (EU); however relevant paperwork to establish a business's VAT exempt status must be completed prior to the shipping of goods otherwise transactions will be subject to UK VAT.
In all other circumstances you are advised not to place orders with a shipping destination outside of the EU using the available shipping options (which also operate within some non-EU territories e.g. Jersey & Guernsey – VAT-free zones outside of normal UK and CE trade tariffs); in doing so you agree to accept the VAT levied against your purchase.
Prices and Payment
09. Our advertised prices do include VAT. At the time you place your order, the price of the goods may have changed from the one advertised - please confirm the price and delivery costs before you order.
10. We accept payment by bank transfer, PayPal and most types of credit or debit card. Credit card and debit card payments are taken at the point of customer order, not on dispatch of goods.
Direct Bank Deposit
This can be arranged at any branch of Barclays Bank with the following details:
Account name: Mobile Fun Limited
Account number: 2081 3788
Sort code: 20-84-13
If you are paying by bank transfer, you must provide your order reference number and your full name as the reference requested by your bank. Failure to do so will result in a delay in your order being processed as we will not be able to match your payment to your order.For orders placed in Pounds
Account name: Mobile Fun Limited
Account number: 20813788
Sort code: 20-84-13
SWIFT ID: BARCGB22
For orders placed in Euros:
Account name: Mobile Fun Limited
Account number: 66712066
Sort code: 20-54-78
SWIFT ID: BARCGB22
For orders placed in Dollars:
Bank name: Barclays Bank PLC
Bank address: 21 Birmingham Rd, Sutton Coldfield
Account name: Mobile Fun Limited
Account number: 79850044
Sort code: 20-84-13
SWIFT ID: BARCGB22
Please note: your bank may charge for this service, please make sure to include any bank fees when you pay. Bank Transfers may take up to 10 working days to clear in full, after which we will process your order and despatch your goods.
11. Goods bought on credit must be paid for by 30 days from our invoice date. We may withdraw the option to pay on credit at any time and for any reason. If you fail to pay an invoice when due then, in addition to any other right or remedy which may be available to us, all invoices will become due and payable, (whether outstanding or not). We may share customer credit history information with relevant credit agencies. We also reserve the right to run a credit check with a relevant credit agency if we give you credit, and to validate any credit card account holder or delivery address details. Available credit information is accurate within the last 24 hours.
12. We remain owners of the goods you purchase until you have both paid for all of them in full and also paid all other monies due to us from you under any contract or arrangement. You agree to give us the right to enter your premises at any time where the goods are stored so that we can retrieve and resell them if they are not paid for. Until title passes to you under this condition you must: (i) keep the goods stored separately and clearly identifiable as belonging to us; (ii) not remove any branding or identifying marks; (iii) keep them fully insured for their full replacement value against any loss, damage or destruction; (iv) not sell, transfer, charge, mortgage, pledge or grant any lien over, the goods. This applies to all goods we supply to you and to any money owing in respect of any transaction with you.
13. Mobile Fun shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.
14. Under the Late Payment of Commercial Debts (interest) Act 1998 we can exercise our statutory right to charge interest and a compensation fee on all invoices overdue.
15. We charge for all deliveries. Orders received by 5 pm on a working day are normally processed the same day. Orders placed at weekends or Bank Holidays are normally processed the next working day. Goods in stock are normally delivered within 2 days or if is specified next working day for mainland UK, for all other areas delivery will be within 2-5 days after processing. Standard delivery is to suitable ground floor reception or store areas. Please notify us in advance if you have any special delivery requirements – there maybe an additional charge. We do our best to meet delivery slots agreed with you, but we don't accept any liability to you for any delay. We will use reasonable endeavours to notify you of any delivery delays and reconfirm a new delivery time with you.
16. If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must tell our Corporate Department within 14 days of receipt or expected delivery, please email firstname.lastname@example.org and please mark the subject heading as DELIVERY ERROR.
17. Risk passes to you on delivery. After delivery you are responsible for protecting and insuring the goods against loss, damage or destruction.
18. You cannot cancel a submitted order after the goods have been dispatched, unless this is agreed in writing by our authorised representative.
18.1 We will gladly accept special orders for products from manufacturers or brands that we represent, but which are not currently carried in our inventory. In addition, Bulk purchase of individual SKUs can be arranged. Where a purchase order contains discounts, special order lines, bulk quantities across individual lines or a combination of all 3 then the Purchase Order can not be cancelled once goods have left our suppliers. Special orders must be prepaid, prior to products being ordered from suppliers and shipped to the delivery address on your Purchase Order.
Returns & Errors
19. All our goods are sold to you with the benefit of the manufacturer's warranty. We will accept returns of faulty goods notified to us within 30 days of delivery, subject to the terms of the manufacturer's warranty. After 30 days you will need to deal with the manufacturer directly; please contact our Corporate Department by email on Corporate@mobilefun.co.uk who will advise you of this.
20. An unwanted product can be returned within 7 days of delivery as long as it’s still in its original, unopened packaging. You cannot return unwanted items after 7 days of delivery, nor can you return items that have been used or special and bulk orders (see condition 18.1).
21. Within 7 days of delivery. They must include all original packaging, be in ‘as new’ condition and must not have been used, installed or had any data input on them.
22. If goods are to be returned to us you must obtain a Returns Authorisation Number (RAN), by emailing our Returns Department - email@example.com. The RAN will be valid for 10 working days. You must arrange the return of goods via a registered and insured postal method. We cannot accept unauthorised returns which do not have an RAN or returns received with an expired RAN. These unauthorised returns may incur storage fees of 0.50p per day for each product unit. A collection must be arranged within 30 days of notification at your own cost.
23. If you return goods, please ensure that you have backed up and/or removed your data as appropriate. We will not be responsible for any data that is lost or left on equipment.
24. Please note we do not accept returns of special purchase items, consumables, opened packaged software (unless it is faulty), pre-loaded/down-loaded software licences (unless faulty) or products that you agree in advance are non-cancellable or non-returnable (unless faulty).
25. If you are unhappy with any services we have provided you then you must promptly notify us in writing, (and in any event, within 30 days of completion of the services) and our sole liability to you shall be to re-perform any defective services at no cost to you.
26. The remedies in this Returns section represent your sole and exclusive remedies in respect of any issues you experience with the goods/services provided by us.
27. You will get the benefit of the manufacturer's warranty in respect of all the goods we sell. Please note that we do not provide any warranties ourselves in respect of the goods, and that all other warranties and representations, whether express or implied, by statute, common law or of any other kind are hereby excluded to the maximum extent permitted by law. Please note that for domestic appliances and any goods designed for domestic use, using them for commercial purposes may invalidate the manufacturer’s warranty.
28. We sometimes offer promotional free gifts. Please let us know if you do not want to receive them.
29. We sometimes monitor or record telephone calls for training and security purposes.
Suspension and Termination
30. Mobile Fun Corporate may cancel outstanding orders for goods and/or suspend the provision of the services or terminate them immediately (without liability to you) if any of the following events happen:
- you fail to make any payment due to Mobile Fun Corporate by the time it is due;
- you have given any false or misleading information to Mobile Fun Corporate;
- you are insolvent;
- your use of the goods/services is likely to cause the whole or part of the goods/services to be interrupted, damaged, rendered less efficient or in any way impaired;
- you are in material breach of this Agreement.
Limitation of Liability
31. We will accept the return of faulty goods for a period of 14 days from date of delivery, (see Condition 1519) and our liability will be limited to the repair or replacement of the goods or the re-performance of any defective services, (see Condition 24).
32. We do not accept any liability (and hereby exclude all liability) for special, indirect or consequential losses of any kind or for any loss of profits, loss of revenue, loss of anticipated savings, loss of or corruption to data, loss or damage to goodwill, business or reputation (and in each case whether classified as direct or indirect and howsoever arising, including in relation to breach of contract or negligence).
33. Without prejudice to condition 32 and subject to condition 31, Mobile Fun Corporate's maximum aggregate liability to you under this Agreement shall be limited to the value of the goods or services giving rise to the claim. The parties agree that conditions 31-32 are reasonable given the other remedies offered under these Conditions of Sale.
Matters beyond Mobile Fun Corporate's Reasonable Control
34. Mobile Fun Corporate will not be liable for any delay in performing, failure to perform or deliver, or defective performance or delivery of any goods or services if such delay or failure is caused by circumstances beyond Mobile Fun Corporate's reasonable control.
35. This Agreement and any contracts made under it are subject to English law and English courts have exclusive jurisdiction in relation to all matters (whether based on contractual or non-contractual rights and obligations).
36. No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of its rights in relation to a breach of this Agreement operate as a waiver of any subsequent breach and no right, power or remedy given to or reserved to either party under this Agreement is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
37. Nothing in this Agreement creates a joint venture, relationship of partnership or agency between the parties. Except as expressly authorised under this Agreement neither party has authority to pledge the credit of or make any representation or give any authority to contract on behalf of another party. No customer employees shall be construed as being an employee of Mobile Fun Corporate by virtue only of this Agreement or the performance of Mobile Fun Corporate's obligations under this Agreement.
38. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
Third Party Rights
39. This Agreement does not create or confer any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
40. This Agreement, together with any contract documents we provide you, is the entire agreement of the parties relating to the subject matter. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent it is incorporated into this Agreement. Each of the parties agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement made prior to this Agreement.
41. If either party wishes to make any changes to this Agreement or the underlying terms of the contract for goods or services, they must be agreed in writing by an authorised representative of each party.
42. The latest version of these Conditions of Sale is available on the Mobile Fun Corporate website. We reserve the right to change our Conditions of Sale from time to time and if we do so we will update the version on our website. Each time you place an order from our website you will be deemed to have agreed to the latest version of our website terms and conditions shown prior to placing your order.
43. Any notice required under this Agreement must be given in writing and in the English language and sent to the address of the party for which it is intended to be given, or such other address as has been notified to the other party in accordance with this condition 42 and be sent by hand, registered post or equivalent and unless delivered by hand (where it shall be deemed received on delivery) it shall be deemed to have been received three working days after the date of posting. In this condition, “working days” means Monday to Friday excluding public/bank holidays in the United Kingdom. Any notices for Mobile Fun Corporate must be addressed to the Company Secretary.
Time for Performance
44. We will always do the best we can to ensure we achieve any delivery dates agreed with you for the provision of the goods or services. However time shall not be of the essence. We will use reasonable endeavours to notify you if we believe that our performance is likely to be delayed for any reason. We will not be liable to you where our performance of the contract is delayed because of your own acts and omissions or those of your employees, agents or contractors.
45. We (and/or our licensors) shall retain all right, title and interest in any intellectual property rights in goods, software or services we supply to you under this Agreement. Any intellectual property rights created in the course of the services shall belong to Mobile Fun Corporate and/or its licensors.
46. Mobile Fun Limited Registered Office; Unit 16, Network Park, Duddeston Mill Road, B8 1AU United Kingdom. Registered number: 3914470.
Services - Additional Terms & Conditions
47. In addition to the General terms and conditions above, the following additional terms and conditions apply to any services we agree to provide you under the contract:
48. You will:
- provide all relevant information about your business in a timely and accurate manner and notify Mobile Fun Corporate of any changes to it affecting Mobile Fun Corporate's ability to deliver the goods or services;
- keep any Mobile Fun Corporate equipment left with or loaned to you safe and secure and return the same to Mobile Fun Corporate on demand;
- check and sign for all deliveries by Mobile Fun Corporate of required equipment.
Mobile Fun Corporate Obligations
49. Mobile Fun Corporate:
- will not copy, adapt or part with possession of any of your confidential information;
- does not have any liability for any such interruption or error which is caused directly or indirectly by any equipment or services not supplied by Mobile Fun Corporate.
Limitations on the Services
50. The services to be provided do not include services required due to:
- failure by you to properly maintain or operate the equipment or software;
- modification of the equipment or software by anyone other than Mobile Fun Corporate;
- transportation or relocation of the equipment or software;
- any defect in equipment or software not supplied by Mobile Fun Corporate;
- failure to allow Mobile Fun Corporate proper access to the equipment or software;
Such services if requested by you will be treated as additional services for which additional charges will be payable in accordance with Mobile Fun Corporate's rates in force at that time.
51. You may not terminate any contract for services prior to the expiry of any minimum term indicated in the contract or associated documentation and/or where you have engaged us to perform a defined piece of work. For on-going contracts where no minimum term applies, or on or following the expiry of the minimum term, you may terminate the service contract on 30 days' prior written notice or such other notice period as may be defined in the contract or associated documentation, whichever is the greater.
Mobile Fun Corporate Conditions of Sale - October 2017