1. About Us
If you need to contact us please email email@example.com - In your email please be sure to provide us with as much information about your query as possible, including order number if applicable, so that we have everything we need to provide you with the best answer we can.
Any contract for purchases made through the web site will be with Phone Mountain Ireland
2. Your Status
By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts; and
b) When you register with Phone Mountain Ireland, you will need to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should not disclose or provide anyone else with access to your password or login details. If for any reason you believe that your account, login details or password(s) have been compromised please change these details immediately.
c) You are not a company, sole trader or trading entity or acting on behalf of a company, sole trader or trading entity and are purchasing products from Phone Mountain Ireland for personal use only and not for either immediate re-sale or re-sale within a small number of weeks post purchasing these items.
3. How the Contract is formed between us
After placing an order, we will send you an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
4. Quality of Used (pre-owned or refurbished) products for sale
You acknowledge that products sold by us, pursuant to the Contract, will be pre-owned or refurbished unless stated as being New.
Where electronics products are concerned, we check the products we sell and warrant that the condition of the product will match the grading description related to that product as stated on our website at the point of sale.
Should you receive any product which is defective (following the process set out in Condition 10) or which is satisfactorily proved by you to have been damaged in transit, then the refunds policy, set out in Condition 10, will apply (such policy not affecting your statutory rights as a consumer).
Products will be dispatched with the packaging described on our website at the point of sale. Any other items stated to be included with the item at the point of sale (such as accessories, chargers and instruction manuals) will also be included with your order.
5. Third Party Links
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services (subscription or otherwise) that you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third-party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller.
6. Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning the day after you receive the items ordered.
In this case you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in Condition 10 below).
To cancel a Contract you must inform us in writing (email is preferred). You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk.
You have a legal obligation to take reasonable care of the products whilst they are in your possession and if you fail to comply with this obligation, we may have a right of action of you for compensation.
You will not have any right to cancel a Contract for the supply of any of the products if the tamper-proof seal on them has been broken (if applicable).
In relation to the purchase of Used or refurbished products, neither this provision nor any other provision of the Contract will otherwise affect your statutory rights in relation to the products, subject to your understanding that any products you order from us will be used and/or refurbished products (although we warrant that they will be as described. Please see our Returns Policy for imperfect products).
7. Availability and Delivery
Your order will be fulfilled as soon as possible after your order is accepted and in any event within 14 days of receipt of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies. As standard, we advise a period of 3-7 business days for delivery of your order. However, during exceptionally busy periods such as Christmas, we cannot guarantee these timescales due to circumstances (such as postal issues) beyond our control. Please allow extra time for delivery of your order to avoid disappointment.
You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises.
8. Risk and Title
The products will be at your risk from the time of delivery, but ownership of the ordered products will only pass to you when we receive full payment of all sums due in respect of the ordered items, including delivery charges.
9. Price and Payment
The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
For Republic of Ireland customers the prices payable for goods are as set out on the website inclusive of VAT and any duties and local taxes where applicable.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of those listed on our site may be incorrectly priced. We are under no obligation to provide the item to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
Payment for all items ordered must be by credit, debit card or PayPal account. We accept payment with active PayPal accounts and most major types of credit card. We charge your credit, debit card or PayPal account when you have completed your transaction online and thereby submitted an offer to buy the products.
You confirm that the debit card, credit card or PayPal account being used to complete a purchase on the Phone Mountain Ireland website is your own. All credit/debit cards and PayPal accounts are subject to validation checks and authorisation by the card or account issuer. If the issuer of your payment card/PayPal account refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
10. Our Refunds Policy
1.1. When you return a product to us because you have cancelled the Contract between us within the 14 working day cooling off period, set out in Condition 6, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation (subject always to us having received the product back from you). In this case, we will refund the price of the item in full of sending the product to you. However, you will be responsible for the cost of returning the item to us.
1.2. When you return a product to us because you claim that the item is defective, we will examine the returned product and will notify you of your refund via email within a reasonable period of time.
1.3. If you are returning an item purchased in a discounted or promotional offer all items purchased in any offer or combined product are part of the same contract and must be returned if you wish to receive a full refund. If all the items are not returned the refund will be adjusted accordingly. To partially cancel your order for a combined product you will need to contact our Customer Services team.
1.4. When you return a product to us because you claim that it has been damaged in transit, you should also return the packaging in which it was delivered, together with any notification of damage which you may have received from the postal service who delivered it. We will examine the items to assure ourselves that we believe the damage, which it may have sustained, is consistent with the sort of damage which could occur during transit and will notify you of your refund by email within a reasonable period of time.
1.5. If we agree that the product is defective, under Condition 10.2 or 10.3, we will usually process the refund due to you as soon as possible and, in any case, within 7 days of the day we confirmed to you via e-mail that you are entitled to a refund for the defective product. Products returned by you because of an agreed defect will be refunded in full, including a refund of any delivery charges for sending the item to you and the cost incurred by you in returning the item to us (if made known to us).
1.6. If you do not receive goods ordered by you within 14 days of the date on which they were despatched to you, we shall have no liability to you unless you notify us in writing at the contact address of the problem within 24 days of the date on which the goods were despatched to you.
1.7. If the goods delivered are not what you ordered or are damaged or defective you notify us in writing at the contact address within 10 working days of the delivery of goods in question.
1.8. In all cases, any refunds to you will usually be made using the same method originally used by you to pay for your purchase.
11. Our Liability
We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
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 (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Customer Services firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in this Condition 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ( a Force Majeure Event ).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 13 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. Our Right to Vary these Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 14 working days of receipt by you of the products purchased on the Store.
20. Service Availability
Our site is only intended for use by people resident in the Republic of Ireland and the United Kingdom. We do not accept orders from individuals outside of these countries.
21. Law and Jurisdiction
Contracts for the purchase of products through our site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.
22. User Accounts
Phone Mountain Ireland reserves the absolute rights to close your account and cease dealing with you at its sole discretion and for reasons it determines.
All promotions on the Phone Mountain Ireland website can only be used as a one off code, unless otherwise stated in the original source of advertisement. Phone Mountain Ireland also reserves the right to withdraw or extend a promotion at any given time.
Promotions cannot be used in conjunction with any other offer or promotion and the promotion that gives the highest discount will override any other additional promotion used during the checkout process.
Each promotion may have specific conditions and exclusions such as: New Products etc. The original marketing advertisement should be checked for specific promotional terms and conditions.
We are unable to provide promotional discount to an order which has been completed without use of a promotional code having been applied during checkout, by way of refund. Likewise, promotional discount will under no circumstances be applied to historic orders.
We do our best to ensure that promotions function as advertised but in light of any genuine and honest mistake with promotions setup, Phone Mountain Ireland is under no obligation to fulfil orders which were created during such ‘false’ promotions.
All promotions, offers and discount are subject to product availability. Once stock levels of a particular product in a given offer have been exhausted, Phone Mountain Ireland is under no obligation to supply the product at the promotional price once the product is back in stock if that promotion/offer has since ended.