Freedom Mobiles:

Web site Terms of Use and Terms & Conditions of business

As with any contract, purchase or business transaction, all parties should ensure that they have viewed and understood the full terms and conditions of the transaction. In particular, please note your obligations to us when connecting a handset to a monthly contract and your obligations to Orange, T-Mobile, O2, 3 or Vodafone as appropriate. Full terms and conditions for each Network can be found on their respective web sites. Please contact us before placing your order if you need assistance finding this information.

1. Privacy Policy: We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998. Full details here.

2. Pay Monthly Mobile Phone Contracts: All pay monthly contract phones are subject to status and a credit check and a deposit may be required by the network before connection is possible. In order to offer the best possible service, in the event that your initial choice of network results in a deposit or decline, we may perform a credit check on an alternative network.
   1. Contracts: T-Mobile and Vodafone may insist on a signed agreement form being completed before they will finalise a connection. To offer the best possible service to our customers we will normally send out your handset with the application form rather than waiting until you have signed the form. Please note, though, that should we request a signed contract from you, we reserve the right to charge your card with £160 should the signed form not be returned to us within 5 working days. The amount charged will be refunded once we receive the correctly completed form. Please be aware of the special returns procedures (below) you must follow to return a handset on a pay-monthly contract.

   2. Billing: It is important to note that your monthly contract is with the Network concerned and not with us. Once your account has been set up we have no control over when and how much the Network will bill you. You must ensure that you are fully aware of the current charges applicable to the tariff and contract you have agreed to. This information is available on the Network's web site or from their Customer Services department.

3. Pricing: All orders placed online will be treated as an offer to purchase goods from us. Any automated reply that you receive from our online ordering system shall not be deemed as our acceptance of your offer to purchase goods. We will only accept your offer and, therefore, a contract, including agreement to these terms and conditions, shall only be made once we despatch the goods to you and confirm this by e-mail. Acceptance will be deemed complete once we have sent a confirmation of despatch e-mail to the e-mail address you provided (whether or not you receive that e-mail.) We reserve the right to refuse or reject any offer to purchase at any time. All prices and offers are valid only for the month in which they are published and are subject to alteration, withdrawal, or other changes without notice.
   1. Handset prices: Unless otherwise explicitly stated, all prices for contract handsets are dependent on connection to a particular network & tariff and are subject to status. Most handsets are subject to a minimum 12, 18 or 24 month contract. Offline phones without contract are typically £200 more expensive than "connected" phones.

   2. Tariff dependent prices: In the event that you change to a lower tariff within 120 days (240 days on T-Mobile) of connection a £20 administration charge will be levied as well as the difference in handset price between the ordered tariff and the new tariff. The administration charge will be due immediately that the Network inform of us of the tariff change. We will charge the amount due to the card details supplied when ordering and send you a receipt. In the event that we cannot charge your card, for any reason, we will invoice you and interest may be charged on payments not received within 7 days.
      1. Orange will not allow you to change to a lower tariff within 6 months (12 months for Premier tariffs) from the start date of your contract.

      2. T-Mobile will not allow customers to move to a lower tariff within the first 11 months of their contract.

      3. 3 and O2 will not allow customers to move to a lower price plan within the first 6 months of their contract.

      4. Vodafone will not allow customers to move to a lower tariff within the first 7 months of their contract.

   3. Pre-orders: We often advertise products in advance of them being available to purchase. Please note that all prices, deals and offers for pre-order or "coming soon" products are shown as a guide only. The actual agreed price and offer will be that in force on the day of despatch and we will always advise you of this price (if not free) prior to processing your order. You may cancel a pre-order at any time prior to despatch.

   4. ThreePay: ThreePay handsets are sold on the basis that, within 7 days of delivery, you will either use the handset to access the 3G network or return it to us in the same condition it was received. You also agree to purchase and activate an additional ThreePay voucher within 3 months of the date of first accessing the 3G Network. You agree that we reserve the right to charge your card with an additional £220 in the event that these conditions are not adhered to. ThreePay is limited to a maximum of one handset per customer.

   5. Pay as you go phones are sold subject to our "register within 7 days" terms. We pay more for the phones than we sell them for and make a loss until the phones are registered and connected to the relevant network.
      • O2 pay & go: We reserve the right to charge your card £60, to cover our loss of commission, should you not register the handset with O2 within 7 days.

      • Orange Just Talk: We reserve the right to charge your card with up to £140, to cover our loss of commission, should you not register the handset with Orange within 7 days.

      • T-Mobile pay as you go: We reserve the right to charge your card with up to £40, to cover our loss of commission, should you not register the handset with T-Mobile within 7 days.

   6. Early termination: In the event that your Network contract ends or your line is disconnected within 120 days from the date of connection for any reason (including but not confined to disconnection or non-payment of bills), we will have no choice but to charge you any commission clawed back by the Network and/or the prevailing "SIM Free" price of any handset supplied and/or Free Gifts supplied. At our discretion we may accept the return of goods in lieu if in good condition. Please note that even if you are later reconnected by the network we will still not have been paid for your handset and the above will stand.

   7. Vodafone contracts: All prices quoted are for contracts with new mobile numbers or numbers transferred from O2, Orange, T-Mobile or 3. We reserve the right to levy a £150 surcharge against any handset sale where Vodafone subsequently implement their disconnection/reconnection ("churn") policy. Any new connection onto the Vodafone network resulting in the disconnection of an existing handset or contract is classed as a disconnection/reconnection. This includes but is not limited to any disconnection either 90 days prior or 45 days following the new connection.

   8. Orange Upgrades: Customers who have had their phone for less than their contractual minimum number of months may be required to pay an upgrade fee to Orange in addition to the cost of their new phone. This fee is determined by Orange and is added to the next monthly bill. It is your responsibility to confirm whether this fee is payable with Orange prior to ordering an upgrade.

   9. Orange 2 year Contracts: Customers can connect to selected 2 year contracts instead of the normal 12 month contract and receive a 10% discount off their monthly subscription fee. In addition to these terms and conditions there are specific 2 year contract T&Cs that you will be agreeing to.

   10. Price Match: Please see the Price Match T&C's page for specific terms and conditions. Any price match deals override offers on this site.

   11. Free Gifts: Connecting to certain mobile phone tariffs may make you eligible to receive free gifts as shown. Please remember that you must remain on the same tariff or a higher one for at least 120 days from the date of connection. We reserve the right to charge your card with the retail price of any free gift supplied should you change to a lower tariff within 120 days of connection. Free Gifts are offered subject to availability. In the rare event of stock problems we may substitute advertised free gifts with similar products of an equal or higher retail value.
       • Free iPod: Please note that the colour may vary depending on stock availability. The Free iPod will normally be despatched between 14 and 28 days after despatch of your handset, subject to your new mobile phone contract still being active on the same tariff (or a higher one) as that which you selected when ordering. For security reasons, we may require proof that your first bill has been paid before despatching any Free iPod(s).

       • DVD Player: DVD players will normally be despatched within 28 days subject to your new mobile phone contract still being active on the same tariff (or a higher one) as that which you selected when ordering. We will deliver free of charge to the UK mainland but unfortunately up to a £30 carriage charge applies to Northern Ireland and other non-mainland addresses.

       • Free DVD Rentals: The 6 Months Free DVD Rentals promotion is subject to you remaining on the same mobile phone tariff or a higher one for at least 120 days from the date of connection. In the event that the Network advises us that this is not the case you will be contacted by the DVD Rental company and given the option of cancelling your membership or moving to their standard monthly subscription arrangement.

   12. Savings: The saving shown on index pages is the difference between the total line rental normally paid over the promotional period and the equivalent you will pay if the discounted line rental redemption terms and conditions are abided by on a selected tariff.

4. Half Price Line Rental
   1. Half Price Line Rental: Half price line rental is via redemption. Please see the Half Price Line Rental page for specific terms and conditions.

   2. Cashback: Cashback is via redemption. Please see the Cashback T&C's page for specific terms and conditions.

   3. If you have a query relating to your Cashback or half price line rental claim and are within the timeframe for your chosen claim, you can email sales@freedom-mobiles.co.uk or alternatively you can call our customer services team on 0845 330 8280. Please ensure we have your correct email address as this is the primary method we will use to contact you.

   4. If you wish to make a complaint regarding your Cashback or half price line rental claim or are outside the appropriate timeframe then you must write to us at the following address. Customer Services, Freedom Mobiles, 72 Elderslie Street, Glasgow, G3 7AL. We reply to all letters within 7 working days.

5. Money Back Guarantee: Subject to goods and all packaging being returned in "as new" and unopened condition and complete with all packaging and any accessories originally supplied, we offer a no quibble 14 day money back guarantee on most products, except:
   1. SIM-free handsets, DECT phones & Data Cables are excluded from the money back guarantee
   2. An insured, tracked delivery method (e.g. Royal Mail Special Delivery) must be used to return goods. Please be aware that Royal Mail Recorded Delivery will only offer compensation up to £27 should a package not be delivered and therefore is not suitable for returning handsets as you will be liable for the cost of the goods if the courier's cover is inadequete. At our discretion, we may deduct our delivery costs from any refund. This does not affect your statutory rights.
   3. In the case of contract handsets (e.g. pay monthly handsets) it is important to note that the 14 day money back guarantee starts with the day of connection being day one. Your handset must be returned to us by day 14 for us to be able to cancel your contract with the network. For the avoidance of doubt, if the delivery of your handset is delayed for any reason then the time in which you can return your handset will be reduced.
   4. Orange do not offer the 14 day money back guarantee on Orange Upgrades where you keep your same number irrespective of whether you were originally on a pay monthly contract or a pay as you go tariff but Freedom Mobiles will offer a 7 day money back guarantee in accordance with the Distance Selling Regulations.
   5. T-Mobile no longer offer a 14 day money back guarantee on T-Mobile handsets but Freedom Mobiles will offer a 7 day money back guarantee in accordance with the Distance Selling Regulations.
   6. 3 do not offer a 14 day money back guarantee on ThreePay handsets but Freedom Mobiles will offer a 7 day money back guarantee in accordance with the Distance Selling Regulations.
   7. We do not offer a 14 day money back guarantee on products sold via ebay or from our clearance page but Freedom Mobiles will offer a 7 day money back guarantee in accordance with the Distance Selling Regulations.
   8. In order to cancel a Contract Mobile Phone under the 14 day money back guarantee you must return all accessories, packaging and other items as despatched to yourself in perfect condition. The Networks will not allow a cancellation unless these criteria are met. At our discretion we may charge a fee for missing or damaged items and/or packaging.

6. Cancellation: Customers can cancel their orders for most items within 7 days of receipt of goods. Goods must be unopened and customers must take reasonable care of the goods while in their possession and both goods and packaging must be returned in resaleable condition. Carriage costs are the responsibility of the customer. Refunds will be processed within 7 days of receipt of returned goods. Please be aware of the special returns procedures (Section 4 above) you must follow to return a handset on a pay-monthly contract. Please note that orders will only be considered cancelled once you have received confirmation from us, by email, that this has been done.
   1. Exclusions: Goods including software (e.g. Nokia Data Suite and Motorola Smart CELLect) are specifically excluded from your cancellation rights under the Distance Selling Regulations. This does not affect your statutory rights.
   2. Clearance items: A restocking fee of £20 will be deducted from any refund for returned clearance items where the goods on testing are found not to be faulty, to cover our carriage and refurbishment costs.

7. Returns: In the unlikely event that goods need to be returned to us, it is imperative that a Returns Number is obtained first to enable us to process your return as quickly and efficiently as possible. Returns received without the correct details will unfortunately be subject to delays. We strongly advise that an insured, tracked delivery method (e.g. Royal Mail Special Delivery but not Recorded Delivery) is used to return goods. Providing goods are genuinely faulty, we will reimburse your postage costs, up to a maximum of £19.00 as per our Returns Policy. All postage refunds are based on published Royal Mail Special Delivery tariffs.
   1. Important: Please be aware that Royal Mail Recorded Delivery will only offer compensation up to £27 should a package not be delivered and therefore is not recommended for returning handsets. If you have agreed to a pay-monthly phone contract then this can only be cancelled once the handset and all associated accessories have been checked and signed for by an authorised Freedom Mobiles employee and any outstanding bills have been paid. If Royal Mail fail to deliver your Recorded Delivery parcel then you will still be liable to pay line rental for the minimum contractual period that you agreed to but will only be able to claim £27 compensation. Royal Mail Special Delivery or another suitable carrier must be used to return handsets or other goods over £40.00.

   2. Bundled deals: Where a bundle is offered (e.g. contract phone and free Bluetooth headset) and the phone is returned within 28 days without the bundled item, we reserve the right to charge your card with the difference between our usual selling price for the bundled item and the discounted price you originally paid.

   3. Free Gifts: Free Gifts are offered subject to specific terms and conditions. In the event that you return a handset but fail to return the free gift in "as new" condition, we reserve the right to charge your card with the normal retail price of the gift in question as shown on our web site (E.g. Credit Card Camera = £29.99, DVD player = £69.99).

   4. Warranty Replacement/Repair If you believe your handset is faulty within 28 days of connection (NOT delivery) please contact us to obtain a Returns Number. We will then replace the handset with a new one of the same model and specification (please note the point below regarding customer and/or liquid damage). If an identical handset is not available we will contact you to discuss the options. If your handset becomes faulty more than 28 days after connection you have 3 choices:
      • Contact us, and we will arrange for your handset to be repaired by the manufacturer. The repair process can take up to 4 weeks. We have no control over the manufacturer's repair process.

      • Contact the manufacturer directly, who will be able to either arrange collection of the handset, request postage of the item or will advise you of your nearest Service Centre, where you can obtain a repair. Service Centres are much more likely to be able to arrange a loan handset.

      • At their discretion and subject to their Terms and Conditions, the administrators of any insurance policy you may have taken out on the handset may be able to arrange a replacement. Freedom Mobiles has no power over insurance providers, whether network or 3rd party (ie Phone Assure).

      Please note that it is vital that you contact anyone providing insurance cover for your handset and advise them of the change of serial number if you have had to swap the handset for any reason. Please note that you cannot swap a faulty handset for one of another type more than 14 days after connection, and that such a swap within 14 days may incur extra charges.

      In the event you return a handset for 14 day cancellation or 28 day replacement and it is subsequently revealed that the handset has suffered customer abuse or liquid damage you will be liable for the retail cost of the damaged handset. If you damage your handset or allow it to become liquid damaged you are NOT eligible for a cancellation of the contract or a free replacement.

      In the event that faulty goods are deemed to be outside the scope of any applicable warranty (eg liquid damage, customer abuse) a charge of £25 will be levied and the goods returned unrepaired. This charge covers what we are charged for diagnostic work by the manufacturers.

   5. Loan Phones: Upon request and at our discretion, we may offer you a loan handset if yours is required to be returned for an in-warranty repair. These 'loan phones' are inspected before despatch and are offered under the following conditions:
      • Failure to return the handset within a reasonable time will incur a £100 charge.

      • Purely Cosmetic damage will incur a charge of £25.

      • Mechanical, electronic or other functional damage will incur a cost equivalent to the cost of repair plus £25.

      • Freedom Mobiles make no claims as to the operation of the loan phone and will not be responsible for any damage, loss (including earnings or profit) or inconvenience caused by non-delivery or failure to work.

      • You are responsible for the safe return of the handset, under penalty of the above charges.

8. Refunds: We will endeavour to process all authorised refunds within 7 working days. In the interests of helping the environment, efficiency and good business practice, we reserve the right to operate a paperless refund facility for amounts less than £10. I.e. we will credit your card/account electronically within 5 working days.

9. Delivery: Mobile Phones and other high value items are generally despatched using Royal Mail Special Delivery which guarantees next working day delivery before 1pm. * Smaller and/or lower value items may be despatched using 1st class Recorded Delivery or Proof of Posting at our discretion. Please note that, as with any mail order company, delivery is out of our hands once Royal Mail has collected from our offices.
   1. * Guaranteed next-day delivery is only once certain criteria have been met and is subject to stock availability and payment clearance. All credit card details are checked against the address details supplied; failure to provide the card's registered address will delay your order. We apologise for any inconvenience caused but these procedures are in place to protect genuine card holders.

   2. In the event that Royal Mail or our couriers return goods to us as undeliverable for any reason, additional delivery charges may apply to cover the cost of re-delivery. If orders are subsequently cancelled, any refund will have all delivery charges deducted from any refund amount given. In the case of free contract phones, contract cancellation will not be actioned until we have been reimbursed for any delivery costs incurred.

10. Connection Fees: Unless explicitly stated otherwise (e.g. Orange Virgin-style tariff) most phone packages currently offer free connection to networks.

11. 0800 Numbers: Please note that all mobile phone networks have already or are changing their tariffs so that almost all 0800 ("freephone") numbers are now chargeable. It is your responsibility to confirm any call charges you are unsure of with your Network.

12. Compensation: The maximum compensation payable in the event of non-delivery of goods through no fault of the customer is £19.00 except when due to Acts of God or Industrial Action as highlighted below in which case no compensation will be payable. In the event you are without a handset for over 28 consecutive days, due to our inability to repair or replace within that time, we will compensate you the value of one month's line rental based on the tariff you were on at the beginning of the 28 day period. No compensation will be paid for periods less than 28 days. Compensation against consequential loss is available on receipt of a further fee - this cover will only be available once agreed in writing by our Head Office before despatch of any goods.
    • Acts of God: There are certain events which may cause delays, losses and problems that are out of our control and for which we cannot accept any liability and will not pay any compensation. These events include but are not restricted to fire, flooding, snow and other severe weather conditions, civil strife and acts of terrorism.

    • Industrial Action: Although very rare these days, there are times when we are affected by either local or national strikes. As these events are outside of our control, we cannot accept any liability for any delays, losses or problems caused by Industrial Action.

13. Overseas orders: We are a UK company supplying UK customers. With the exception of certain accessories, the vast majority of products we sell are only available for delivery to the UK mainland. See below for SIM free sales.

14. Non-UK customers: We do not process orders where the registered card address, shipping address or contact address is outside of Great Britain and Northern Ireland. Absolutely no business will be done with any customer that fails to meet these criteria.

15. Prize Draw Competitions: All competitions are subject to our terms and conditions and the Judges decision is final in all respects. We reserve the right to publish details of winners for publicity purposes. Prizes not claimed within 60 days of the prize draw will be reallocated.

16. Tariff Details: All tariff details including prices, offers and services are believed correct at the time of publishing. However details are displayed on our site purely as a guide as they are subject to change at any time by the networks. It is the customer's responsibility to ensure that any details they subsequently rely on have been confirmed to be correct by the network before an order is placed.

17. Phone Insurance: All phone insurance products are offered by a third party, we are an introducer only and do not insure any product ourselves. Your handset is not insured until you have received your policy documents in the post, and we cannot accept any liability for loss of, or damage to, uninsured phones. It is your responsibility to confirm insurance coverage with the Insurer. In the event that the third party refuses your application for insurance, for any reason, your sole recompense will be a refund of monies paid for any remaining unused insurance period, except in the case of a claim being made in which case no refund will be given. You agree that a refusal to insure any products supplied may not be used as a reason to return said products.

18. Contract handset return requested by us: On rare occasions, mistakes can be made, Networks can change their mind regarding a credit decision and further information can be revealed after despatch of goods. We reserve the right to request that goods be returned to us for a full refund of any monies paid plus reasonable carriage costs. In the event that the customer chooses not to return the goods, in good condition and with all other despatched items as appropriate, we reserve the right to charge the customer our SIM Free price of the handset (or its closest equivalent) plus the normal retail price of any other items.

19. All Trademarks and Copyrights are recognised: If you are the copyright owner and we have failed to credit you or you are unhappy with our use of your copyright then please contact us and we will make amends immediately.

    
    

20. Web site Terms of Use: All pages on this site and contents therein, including text, images, design and HTML formatting are copyright Freedom Mobiles or are used with the permission of the relevant copyright holder. All rights are reserved. Any unauthorised copying or usage will constitute an infringement of copyright. In particular, unauthorised use for commercial purposes is strictly prohibited and may result in us initiating proceedings for the maximum damages allowed under law, including our loss of goodwill and our legal team's legal fees.

21. Payment Authorisations: By accepting these terms and conditions, you agree that we are authorised to charge your credit, debit or charge card for goods supplied. You also agree and accept that we are authorised to charge your card with any surcharges and/or additional amounts due as specified in these terms and conditions. [To avoid any ambiguity for mobile phone purchases, we specifically draw your attention to the point above regarding administration charges should you change to a lower tariff within 120 days of connection.]
    1. Card Authorisations As part of our security checks to protect genuine card holders, your bank or card provider may reserve funds on your account. If you cancel your order or the order is not fulfilled for any reason it may take up to 14 days for your bank to make these funds available to you again. On request, we can ask our payment processing gateway to manually cancel the authorisation, which generally means your card issuer will release the funds within 3 working days. Placing an order with us constitutes acceptance of our right to authorise a nominal fee on your nominated card.

    2. £1.00 charge: For contract handsets that are normally free, in the event that your credit, debit or charge card is not authorised by your card provider's automated systems we reserve the right to charge your card with £1.00 as part of our manual authorisation process.

    3. Unpaid debts: In the event that amounts become due for any reason above (including tariff changes and early disconnection) and remain unpaid for more than 14 days for any reason (including credit card chargebacks and dishonoured cheques) we reserve the right to engage the services of a debt recovery agency. By accepting these terms and conditions you agree the charges incurred as a result of this action will be paid by you.

22. Prize Draws: By providing feedback on our products, service or web site, you will automatically be entered into our monthly free prize draw - no purchase is necessary. Prize winners will be notified by email and we reserve the right to use winner's names and location for promotional purposes.

23. Testimonials: By submitting comments on our products, service or web site either electronically or otherwise, you agree that we may use such comments as we see fit for promotional puroses. You may request that we remove such comments at any time and we will abide by any such request where it is reasonable to do so.

24. Severability: If any part of this Agreement is determined by a UK court to be invalid, illegal, void or otherwise unenforceable under any present or future law, then the remainder of this Agreement shall not be affected thereby.
25. Statutory Rights: Your statutory rights are not affected by any of the above.

26. Jurisdiction: This agreement is subject to Scottish law.