Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by You must be placed in accordance with these Conditions. You warrant that the Personal Information which You provide as a customer is true, accurate, current and complete in all respects.
You agree fully to indemnify, defend and hold Us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will treat all your Personal Information as confidential. When You shop on this Website, We will ask You to input and We will collect Personal Information from You such as your name, address, e-mail address, telephone number as well as the delivery address and product selections for your orders. We do not store, nor will We ever see, your payment card information. The password You give is encrypted before storage, so We have no access to the password You enter.
Like other retailers, We use 'cookies' on our site. A 'cookie' is a file in your web browser that enables Us to recognise your computer when You visit the site. The tool is used by many Web sites to help collect information, such as how many people visit and return to the site, what products are being bought, and to make certain parts of the site function properly.
If You are using another person's computer to login to our site (eg in an internet cafe or a colleagues computer at work) then it's possible your e mail address will display in the login field to a subsequent user of our site. We therefore advise customers to clear 'cookies' stored by the web browser when using another person's machine in order to prevent this from happening. The option to do this is normally found within the Tools dropdown menu at the top of the browser window.
If You have "disabled" the cookies file in your browser, You may experience technical problems with some parts of the site. (For example products you have placed in your basket may be lost.)
This site subscribes to Google's analytics service and Google may install cookies onto your computer. Google's cookies may collect information about where You are on the internet and your past and future surfing habits (eg the URL you came from, IP address, domain types, your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements You clicked on, and any search terms that You entered on our website ("User Information") plus more besides. Google and its partners may also try to link the data they collect from You on this website with data they collect from other websites around the world.
For independent information about cookies visit www.aboutcookies.org
You should be aware that this site is being monitored and may capture information about your visit that will help Us or our web developers and service providers improve the quality of our service.
We confirm that any Personal Information which You provide to Us when checking out and any User Information from which We can identify You, is held in accordance with the registration We have with the Information Commissioner's Office. We use your information only for the following purposes: processing your orders; for statistical or survey purposes to improve this Website and its services to You; to administer this website.
You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if We are requested by the police or other government authority investigating suspected illegal activities to provide your Personal Information and/or User Information, We are entitled do so.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
SIM free phones - Contract creation and electronic contracting
The technical steps required to create the contract between You and Us for the purchase of SIM-free phones from Us are as follows:
- You place the order for your products on the Website by pressing the Continue button on the Payment page of the checkout process. Your credit or debit card will be authorised (but not charged) at this point.
- If You have provided a valid email address, We will send to You an order acknowledgement email detailing the products You have ordered. (This is not an order confirmation or order acceptance from TUFF Phones.)
- When your product is shipped from our warehouse We will send You a despatch confirmation email.
- Order acceptance and the completion of the contract between You and Us will take place on the despatch to You of the Products ordered unless We have notified You that we do not accept your order, or You have cancelled it. Your credit or debit card will be charged at the point of despatch.
Non-acceptance of an order may be a result of one of the following:
- The product You ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
Please note that You are entitled to cancel this contract if You so wish provided that You exercise your right no longer than 14 days, starting one day after the day on which You receive the Products. If you wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns policy.
Mobile phone airtime connections
Tariffs and promotions displayed on Our site are as advised to Us by the primary network operators or their agents and maybe withdrawn at any time by them or by the primary network operators. If the connection is not completed at the time that the tariff or promotion is withdrawn for any reason, then TUFF Phones will try and offer you a similar tariff, if available. The primary network operators have their own terms and conditions and these are given below:
You can download Terms and Conditions for Vodafone here.
You can download Terms and Conditions for O2 here.
You can download Terms and Conditions for T-Mobile here.
You can download Terms and Conditions for Orange here.
Under no circumstances could We be held responsible for the cost of any mobile airtime connection or any subsequent monthly call or data charges entered into by a Customer supplied with a mobile device through TUFF Phones, unless such costs have been incurred due to the negligent acts or omissions by TUFF Phones Ltd. We recommend that customers ensure that in the event of a device problem or failure that they have access to a replacement device to ensure continuity of their mobile service.
Description of products
Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until your order is accepted by Us.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or our licensors. You are permitted to use this material only as expressly authorised by Us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that You may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
We will use Our reasonable endeavours to verify the accuracy of any information We place on the Website. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from or during the course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with You. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation or breach of contract by Us which results in financial losses suffered by You, whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
The registered company address of TUFF Phones Ltd is Top Floor, St John's House, St John's Street, Chichester, West Sussex, PO19 1UU.
EE RPI Increase
From 29 March 2017 your monthly price plan will increase by 2.5%. This increase may be of material detriment to you and gives you the right to cancel your contract without paying a cancellation charge. This is either because of the nature of the plan you're on, or because of the total increase to your plan’s monthly price over the last 12 months. You can also cancel your contract as the minimum term of your plan has expired. For more information, visit ee.co.uk/priceincrease - March - 2017