Repairs terms and conditions
Service terms and conditions
These Conditions apply to the Services we provide and by ordering the Services, you agree to be bound by the terms and conditions set out below. Before you order the Services, if you have any questions relating to these Conditions please contact our customer service representatives by calling us on 0800 049 0221. Calls are free from BT landlines, call costs from mobiles and other networks may vary. Please note that all calls to our Customer Services representatives may be recorded for quality monitoring and training purposes. Alternatively, you can contact us online at www.carphonewarehouse.com
The Services comply with appropriate UK legislation and are only available to UK residents.
When you order the Services via our Website, the Carphone Warehouse Website Conditions of Use apply in addition to these Conditions. Where there is conflict between the Carphone Warehouse Website Conditions of Use and these Conditions, these Conditions shall prevail.
"Currys plc" means Currys plc, together with its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time, Currys plc. and their affiliates and subsidiary companies from time to time;
"Conditions" means these terms and conditions;
"Personal Information" means the details provided by you to us;
"Services"means the services you order under the terms of these Conditions;
"Us/our/we" means Currys plc, a company registered in England and Wales under the number 02142673 with registered office located at 1 Portal Way, London W36RS, VAT 927 2265 20
"Website" means the website located at www.carphonewarehouse.com or any subsequent URL which may replace it; and
"You/Your" means an authorised user of the Services.
A. USE OF THE SERVICES
1. Provision of the Services
1.1. We shall provide the Service in accordance with these Conditions
2. Rights and Obligations
2.1. You undertake:
2.1.1. to pay the amounts due for the Services in a timely manner;
2.1.2. that the Personal Information which you provide is true, accurate, current and complete in all respects; and
2.1.3. to notify us immediately of any changes to the Personal Information, either via www.carphonewarehouse.com or by calling us on 0800 049 0221; and
2.1.4. not to impersonate any other person or entity or to use a false name.
2.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Services. We also reserve the right to change or add to these Conditions from time to time.
2.3. Unless you have placed an order for Services, we shall not be obliged to give you notice of any such modification or withdrawal.
2.4. You will be subject to the policies and Conditions in force at the time you order the Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
2.5. We shall not withdraw or modify to your substantial detriment any of the one-off Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
2.6. We will do our best to provide the Services in a timely and efficient manner but please note that any estimated time frames for the completion of the Services are estimates only and delays may incur as a result of matters outside of our reasonable control.
B. PURCHASE OF SERVICES
3. Orders
3.1. The Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us, those who are residents in the United Kingdom and individuals who are 16 years old or above.
3.2. To order the Services, you must provide your name, phone number, address, payment details and other requested information.
3.3. Your order will be treated as an offer to purchase the Services. The contract will only be completed when we commence the provision of the Services or when we take payment from you (which includes the debiting your payment method), whichever is the earlier.
3.4. You acknowledge that any automated acknowledgement given when you place an order shall not amount to our acceptance of your offer to purchase the Services.
3.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you using your Personal Information. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Services for profit.
4. Price and Payment
4.1. The price of the Services shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to commencing the Services. All prices are inclusive of VAT at current rates.
4.2. You shall provide payment prior to us providing the Services unless otherwise agreed by us in writing.
4.3. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following:
4.3.1. cancel this agreement between you and us; and/or
4.3.2. charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
4.4. You confirm that, where you pay by payment card or direct debit, the payment method that is being used is yours.
4.5. All payment methods other than cash are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any such failed checks or authorisation.
5. Right of Cancellation
5.1. If you are a private consumer and you ordered the Services via telephone or online, you may cancel your order at any time within 7 working days from the day after placing your order without incurring any liability to us, however, you may not cancel the Services once we have started to provide any part of the Services to you with your agreement.
5.2. If you cancel your contract in this manner, we will refund any monies you have paid to us within 30 days of your cancellation.
6. Your Personal Information
6.1. Your data protection rights are set out in our Privacy Policy
C. GENERAL
7. Notices
7.1. You may send us notices under or in connection with these Conditions:
7.1.1. by post to Currys Insurance, PO Box 194, Cramlington, NE23 0DA; or
7.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
8. Limitation of Liability
8.1. The Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
8.2. We shall not be liable where we are unable (using reasonable effort) to provide the Services as a result of any event outside our reasonable control.
8.3. Our liability shall not in any event include losses related to any business of a customer such as lost data, lost profits or business interruption.
8.4. We will not be liable for any loss or damage caused by us in circumstances where:
8.4.1. there is no breach of a legal duty of care owed to you by us; and/or
8.4.2. such loss or damage is not reasonably foreseeable.
8.5. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
8.6. Nothing in these Conditions shall:
8.6.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
8.6.2. limit your rights as a consumer under applicable UK law.
8.7. Each provision of this clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply even after this agreement has been terminated or cancelled.
9. Events Beyond the Parties Reasonable Control
9.1. If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
10. Third Parties
10.1. Nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.
11. Assignment
11.1. You may not but we may, assign, charge or otherwise dispose of its rights under this agreement. Any attempt by you to do so shall be void.
12. Handling Complaints
12.1. If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:
12.1.1. by calling us on 0800 049 0221.
12.1.2. in writing addressed to: Currys Insurance, PO Box 194, Cramlington, NE23 0DA; or
12.1.3. by visiting: www.carphonewarehouse.com where more details of our complaints process are provided.
12.2. If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
13. Call Monitoring
13.1. Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
D. Repairs Services
The terms listed below shall have the following meanings in respect of the Repairs Services:
"Equipment" means the items in relation to which you order the Repairs Services;
"Loan Equipment" means any standby equipment that may, subject to the terms of these Repairs Conditions be provided to you whilst your Equipment is being repaired by us; and
"Repairs Services" mean the Services ordered by you in relation to your Equipment.
14. Provision of the Repairs Services
14.1. The Repairs Services are offered in respect of all Equipment for which we accept your request to conduct the Repairs Services. Occasionally we may have to refer the Equipment to the relevant manufacturer or its nominated repair partner for specialist repair. If this affects our ability to perform the Repairs Services or the cost or time of performance, we shall advise you accordingly.
14.2. We will provide the Repairs Services with due skill and care and we will use reasonable endeavours to repair your Equipment. We can however not guarantee that we will always succeed and when we are unable to repair your Equipment, we will refund you the price paid by you for those particular Repairs Services, if any. Where the Repairs Services have been performed by us under the terms of any insurance policy that you hold with us, please refer to the terms of that policy for details of what happens if we are unable to repair your Equipment.
14.3. Any timeframes given for the completion of the Repairs Services are estimates only and although we will do our best to adhere to such estimated timeframes, we will not be liable for any delays in the completion of the Repairs Services.
14.4. There are times where we may have to complete the Repairs Services in your home, e.g. when the Equipment is too large for us to complete the Repairs Services through any other means. We will advise you if this is the case.
14.5. In the event that the Repairs Services must be completed in your home, we will arrange a suitable date with you.
14.6. Our technician will use reasonable endeavours to keep any appointment you make with us for the provision of the Repairs Services in your home, but we cannot guarantee that the technician will arrive on time in each case. If a technician is delayed, he or she will try to contact you a reasonable time in advance to let you know of any expected delay. From time to time, factors outside our control may also require that we re-schedule an appointment. If this happens, you can either agree a rescheduled appointment or you can cancel the Home Support Service, in which case you shall received a full refund of any fees you may have paid in relation to that Home Support Service.
14.7. At the appointed time, you must ensure that a responsible adult (i.e. person over the age of 18) is present to allow our technician to access your premises. You must also ensure that the Equipment is easily accessible by our technician.
14.8. There may be times where the Repairs Services cannot be concluded in a single visit and if this is the case, we will advise you of this and of any cost implications this might have.
15. Restrictions
15.1. We reserve the right to refuse to provide the Service if the Equipment has (without limitation) been subject to dismantling, repairs or modifications not authorised by the manufacturer or any applicable serial or IMEI number has been defaced or removed.
15.2. We shall not be required to provide (or continue to provide) the Service in situations where we discover that your Equipment is, in our reasonable opinion, beyond economical repair or where the state of the Equipment is indicative of the damage having been caused by your act or omission or that of a person authorised by you to use your Equipment (for example, without limitation, in situations where it has been damaged by abuse or your wilful neglect or where it has been damaged by water or other liquid).
15.3. Although we shall do our best to adhere to any estimated time frames for the completion of the Services, please note that any such time frames are estimates only and we delays may incur as a result of matters outside of our reasonable control, for example as a result of shortage of material.
16. Accessories and Data
16.1. Where your Equipment contains a SIM card, memory card or other accessories (together, the "Accessories"), you should keep hold of such Accessories during the provision of the Repairs Service and we cannot be held liable for any damage or loss to such accessories that you have failed to keep hold of.
16.2. You acknowledge that we may have to reset the manufacturer's factory/default settings for your Equipment in order to carry out the Service. This might delete any data or settings held on your Equipment. Where relevant, and unless you have signed up to any back-up service that may have been made available to you, you must make sure that you back up any important data (including but not limited to any ring tones, music, pictures, logos, contacts, documents, emails, MMS, SMS, games and software) stored on your Equipment prior to the commencement of the Repairs Services as data may be lost during the provision of the Repairs Services and we cannot accept any responsibility for such loss.
16.3. In the case of a mobile phone which has been unlocked for use on all networks, the resetting of the manufacturer's factory/default settings may result in the mobile phone being returned to a locked status. You hereby agree that you will be responsible for any fees payable to your network operator to subsequently unlock the mobile phone.
17. Loan Equipment
17.1. If you your Equipment is covered by a valid insurance and/or extended warranty policy purchased from or supplied by us (or by a company within our group of companies) and the terms of your policy include the provision of Loan Equipment whilst your Equipment is being repaired by us, we will (subject to the terms of your policy, which may, without limitation, include payment of a refundable deposit) provide you with Loan Equipment until the repair of your Equipment is completed.
17.2. If you don't hold a policy that provides for the supply of Loan Equipment in accordance with clause 17.1 above, then we may, upon payment of a set fee and a refundable deposit (the amount of which will vary according to the type of Loan Equipment), provide you with Loan Equipment. The provision of Loan Equipment is subject to the type of Equipment that is being repaired, the reasonable practicality of provision of Loan Equipment and current Loan Equipment stock availability. White goods, such as fridges, washing machines, dishwashers, cookers etc will not be provided as Loan Equipment.
17.3. Any deposit paid by you for any Loan Equipment will be returned to you in full subject to the Loan Equipment being returned complete (i.e. with all its accessories and packaging) to us on time and in the same condition as it was when given to you.
17.4. Loan Equipment may be of a different make and /or model to your Equipment and may not include the same features, functions and data capability as your Equipment.
17.5. We shall at all times remain the owners of the Loan Equipment and you agree to return it to us in good condition and in full working order within 7 days of you being advised that your repaired Equipment is available for collection.
17.6. If you fail to return the Loan Equipment or if you return it damaged, we shall be entitled to keep your deposit. If the deposit does not cover the full retail value of the Loan Equipment (or if damaged, the full repairs costs), we shall be entitled to either (i) deduct from your payment method the difference between the deposit paid and the retail value/repairs costs (as applicable) of the Loan Equipment, which shall never amount to more than £200 (the "Deposit Deficit"); or (ii) sell all or some of your Equipment to recover that same Deposit Deficit. We may only sell your Equipment after giving you written notice that we intend to do so. If we do sell any of your Equipment and the proceeds of the sale are greater than the Deposit Deficit, we will pay you any excess amount after taking off the cost of selling the Equipment. This is without prejudice to our rights under clauses 17.6 and 19.3.
17.7. You will be responsible and liable to us for any theft, loss, breakdown or damage to the Loan Equipment from the time we provide it to you until you return it to us.
17.8. There are times where we may not be able to complete the Repairs Services for you, or where the price or the time scale for completion may vary, for example where the fault with your Equipment is more complex than/different from what was originally diagnosed. If this is the case, we will contact you and discuss matters with you.
18. Payment
18.1. You may be required to pay a non-refundable assessment fee prior to us conducting the Repairs Services.
18.2. If we have not charged you any such assessment fee, we shall be entitled to vary the price quoted to you (even where you have paid for the Repairs Services in advance) where additional/alternative Equipment faults are discovered. Where this happens, we shall contact you to explain the additional/alternative Equipment faults that have been discovered and how much it will cost to repair this fault.
18.3. We shall only proceed with the Repairs Services where you notify us of acceptance of the new price quoted. Where you don't agree to the new price, no Repairs Services shall be conducted and the Equipment will be returned to you un-repaired.
18.4. If we are required to collect and/or deliver the Equipment to you, there may be an additional charge which you will incur.
18.5. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, including those outlined in clause 4.3 above, we will be able to sell all or some of your Equipment to recover the unpaid amounts. We may only do so after giving you written notice that we intend to do so. If we do sell any of your Equipment and the proceeds of the sale are greater than the amounts you owe us, we will pay you any excess amount after taking off the cost of selling the Equipment. This is without prejudice to our rights under clauses 17.6 and 19.3.
19. Your Equipment
19.1. If you send the Equipment to us, you are responsible for ensuring that it arrives safely. We will not be responsible for any loss or damage suffered to the Equipment in transit to us. We therefore recommend that you send the Equipment by recorded delivery and adequately packaged to avoid damage to it. If you send the Equipment to us you must also include full written details of the problem with the Equipment.
19.2. You agree to collect the Equipment when requested to do so in a timely manner;
19.3. If you do not collect (or arrange for delivery, where applicable) your repaired Equipment within 60 days of us notifying you that it is ready for collection, we may sell your Equipment. We may only do so after giving you written notice that we intend to do so. If we do sell any of your Equipment, we will pay you any excess amount after taking off the cost of selling the Equipment. This is without prejudice to our rights under clauses 17.6 and 18.5.
20. Warranties and Limitation of Liability
20.1. We warrant that all repairs undertaken by us will be free of defects in materials and workmanship for a period of 90 days starting on the date of return of the Equipment to you after completion of the Repairs Services, such warranty to be void if any warranty seals placed on the Equipment by us following the Repairs Service are broken or defaced. This warranty does not apply in relation to repairs to your Equipment carried out under the manufacturer's warranty (in which case the manufacturer's terms and conditions as set out in the documentation supplied with your Equipment at the time of its purchase will apply), nor does it apply to damage resulting from normal wear, accident, abnormal use, misuse, abuse, wilful neglect or exposure to water or other liquid. This warranty also remains subject to the terms outlined in clauses 8 and 20.2 to these Conditions. Materials and workmanship covered by this warranty will be repaired at no charge if they are returned to us in accordance with these terms. Where you are acting as a consumer, this warranty is in addition to your statutory rights and those rights remain unaffected.
20.2. We shall not be liable for any failure by you to follow our reasonable advice, recommendations or instructions provided during or after completion of the Repairs Services. Where we have executed repairs to your Equipment and/or any software held on your Equipment in respect of damage caused by viruses, worms, spyware, adware or Trojan Horses, we shall not be held responsible for the recurrence of the damage if you fail to follow our advice in respect of anti-virus installation.
20.3. The provisions of this clause 20 are in addition and without prejudice to the provisions of clause 8 above.
