1.

INTRODUCTION

1.1

You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2

We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2.

ORDERING FROM US

2.1

All items offered on our website are subject to availability and price change. We endeavour to advice on our website of any items that are currently out of stock, wherever possible. If an item ordered is out of stock we will endeavour to notify you within two working days of your order being placed. We will advise you of the likely time scale of any delay and/or price change, but you are of course at liberty to cancel your order.

2.2

You are deemed to place an order with us by ordering via our Secure Online Server or by telephoning our Customer Service Centre. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.3

Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.4

We may refuse to accept an order:

(a)

Where goods are not available;

(b)

Where we cannot obtain authorisation for your payment;

(c)

If there has been a pricing or product description error; or

(d)

If you do not meet any eligibility criteria set out in our terms and conditions

2.5

All orders place on our website or order by telephone are checked by us for the security of both you and us. For contract phones, we or the relevant network providers may request proof of address and/or proof of identification from you before your order can be processed. If you need to provide further proof of address or proof of identification we will contact you giving you full details of what is required.

2.6

All orders must be accompanied by active credit or debit card details as we carry out checks and authorisations with the card issuer for security reasons. We accept payment by Visa, Delta, MasterCard, Switch and Solo. Please note that credit or debit card details will be required with all orders. The card must be in the name and registered at the current address of the person making the order. If any problems occur with the authorisation of your credit or debit card we will contact you with further details.

2.7

We aim to give the most accurate and up to date information available when taking telephone orders. However Eagle Mobiles cannot be held responsible for networks, service providers, manufacturers and their distributors who from time to time change specifications, terms and conditions and offers.

3.

CONTRACT PHONES (PAY MONTHLY)

3.1

All mobile phones and prepaid SIM card connections (excluding prepay handsets) are subject to a 12-months minimum airtime contract. You agree to the relevant network providers terms and conditions as shown on our website and delivered with the mobile phone, in addition to these stated herein.

3.2

All connections (excluding prepay) are subject to a connection fee (which may or may not be waived, at Eagle Mobiles sole discretion).

3.3

All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over.

3.4

A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. The network may also decline your application in certain instances. If either of these occurs we will contact you and advise you of the situation. The relevant network providers may in some cases ask for a deposit to be paid by the applicant before a connection can be made.

3.5

Eagle Mobiles cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant.

3.6

By filling in the online contract form, agreeing to the terms and conditions of pay-monthly phones, and proceeding, you are agreeing to the full and binding terms and conditions of both Eagle Mobiles and the relevant network provider. Signature and acceptance on delivery will be taken as confirmation of agreement.

3.7

Phones and contract connections are dispatched unconnected for security purposes. You will need to call Eagle Mobiles Customer Service on receipt to confirm delivery and request connection activation. Connection can then take up to 48 hours.

3.8

Having read our terms and conditions we recommend that you check the appropriate network and service provider terms & conditions and charges to ensure that you are completely satisfied with these. Please click here to check network and service provider terms & conditions.

3.9

We record all telephone calls for confirmation and training purposes.

4.

PRICING

4.1

All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

4.2

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

5.

EARLY TERMINATION OF AIR TIME CONTRACT & TARIFF CHARGES

You may not change/downgrade your monthly line-rental price-plan. If you change/downgrade this price plan within the periods explained below then the purchase price variance for the phone, based on the price plane and cash back, will be charged to your credit/debit card. After the periods explained below you may change/downgrade price-plan.

Orange

9 Months

3

9 Months

O2

9 Months

Vodafone

9 Months

T-Mobile

11 Months

In addition, any cash back/line rental offers will be reclaimed if these are not applicable to the price plan you have changed to. We therefore strongly advise that you do not change your price plan within the specified periods.

6.

CANCELLATION AND RETURNS POLICY

6.1

If you wish to cancel your order:

(a)

You can notify us by email to orders@eaglemobiles.co.uk or by phone 01254 661100 before we have dispatched the goods to you;

(b)

Where goods have already been dispatched to you, by returning goods to us in accordance with clause 6.2 below.

6.2

You can return goods you have ordered from us for any reason at any time within 7 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you. Please click here for full return policy.

6.3

Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

6.4

The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: -

(a)

In the event that the product has been used.

(b)

In the case of software, audio or visual products, where the packaging has been unsealed.

(c)

To any products that we have made or customised specifically for you. The provisions of this clause 6.4 do not affect your statutory rights.

7.

PRIVACY POLICY

7.1

Any information collected by Eagle Mobiles, including that gathered at time of ordering/registration is collected lawfully and in according with Data Protection Act 1998.

7.2

Eagle Mobiles do not sell or transmit any customer personal information, including email addresses, to any organisation for any purpose other than for processing order placed with us (if necessary)

7.3

We do reserve the right to provide information to the relevant authorities in interest of preventing fraud or crime.

7.4

From time to time we may send you information via email or post regarding your purchase or regarding other services/product available from Eagle Mobiles. We would always provide an "opt-out" or "unsubscribe" option in any electronic correspondence to enable you to stop any further mailings if you so wished.

7.5

If you require any further information regarding our Privacy Policy please email info@eaglemobiles.co.uk. or click here to read our full Privacy Policy.

8.

MOBILE PHONE INSURANCE

8.1

All phone insurance is offered by a third party, we are an introducer only and do not insure any product ourselves. It is important that you read and understand their terms and conditions. Should the third party insurance company refuse to insure a product or refuse a subsequent claim, this may not be used as a reason to return said products or break a contract with a mobile phone network or service provider.

9.

PRODUCT WARRANTY

9.1

All products come with a 12-month manufacturer's warranty. This warranty does not affect your statutory rights which cannot be excluded or restricted at law.

9.2

Additional insurance and extended warranty periods for mobile phone handsets maybe available at an extra cost on certain products. We do advise that you consider taking this "Insurance" wherever possible.

10.

MOBILE NUMBER PORTING

10.1

Mobile number porting is the industry agreed process by which a customer can switch from one operator to another and bring their existing number with them. The service was introduced in January 1999.

Orange, Vodafone, T-Mobile and O2 have come together to improve number porting and make it easier for customers to transfer their numbers between networks.

From 3 September 2001, Oftel introduced a new web-based Mobile Number Porting (MNP) process to be used by all UK mobile networks. New customers wishing to transfer their existing number when they change to another network or service provider must now request a PAC (Porting Authority Code). The only rule is that the number they are wishing to port is live and has not been disconnected or in the notice period of disconnection. This applies to all networks.

Any network has the right to refuse a port away from them if monies are owed or a contract not completed. Financial settlement will normally solve both. The following pages outline the process involved to ´port´ to each network

10.2

Should your mobile number transfer be delayed, we cannot be held responsible for any delay occurring after our initial setting up of the procedure with the relevant network, as the mobile number transfer is then totally the responsibility of the two networks and/or service providers involved.

11.

LICENCE

11.1

You are permitted to print and download extracts from this Website for your own use on the following basis:

(a)

No documents or related graphics on this Website are modified in any way;

(b)

No graphics on this Website are used separately from accompanying text; and

(c)

Any of our copyright and trade mark notices and this permission notice appear in all copies.

11.2

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 11.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

11.3

Subject to clause 11.1 no part of this 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.

11.4

Any rights not expressly granted in these terms are reserved.

12.

SERVICE ACCESS

12.1

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period

12.2

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

12.3

We reserve the right to change this Website at any time without notice.

13.

VISITOR MATERIAL AND CONDUCT

13.1

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

13.2

You are prohibited from posting or transmitting to or from this Website any material:

(a)

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b)

for which you have not obtained all necessary licenses and/or approvals;

(c)

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d)

which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

13.3

You may not misuse the Website (including, without limitation, by hacking).

13.4

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 13.2 or 13.3. 

14.

LINKS TO AND FROM OTHER WEBSITES

14.1

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk

14.2

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a)

you do not remove, distort or otherwise alter the size or appearance of the Eagle Mobiles logo;

(b)

you do not create a frame or any other browser or border environment around this Website;

(c)

you do not in any way imply that we are endorsing any products or services other than our own;

(d)

you do not misrepresent your relationship with us nor present any other false information about us;

(e)

you do not otherwise use any Eagle Mobiles trademarks displayed on this Website without our express written permission;

(f)

you do not link from a website that is not owned by you; and

(g)

your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 14.2 for breach of these terms and to take any action we deem appropriate.

14.3

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 14.2.

15.

REGISTRATION

15.1

To register with www.eaglemobiles.co.uk you must be over eighteen years of age.

15.2

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

15.3

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

15.4

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

16.

DISCLAIMER

16.1

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

16.2

The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

17.

LIABILITY

17.1

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

17.2

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

17.3

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

17.4

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

18.

GOVERNING LAW AND JURISDICTION

18.1

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

18.2

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

19.

MISCELLANEOUS

19.1

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

19.2

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

19.3

Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Contact US

You can contact Eagle Mobiles Limited customer support in any of the following ways:

By Mail:

Eagle Mobiles Limited

7 Feilden Street

Blackburn

Lancashire

BB2 1L