General Terms and Conditions
The following conditions set forth the basic rules that govern your use of this Site. These include the terms and conditions as set out below and also the following:
Your use of our Site constitutes your agreement to comply with the following conditions of use. The rules that govern your use of the Site may change from time to time, and your use of the Site after such changes constitutes your agreement to follow the rules as changed. In addition to changes in the rules, portions of the site may change, or be edited, deleted or revised at any time without notice.
The text, images, graphics, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Access to and use of the Site are solely for your personal information, education and communication. You may download, copy or print the contents of our Site for your personal use only. No right, title or interest in any of the contents of our Site is transferred to you as a result of any downloading, copying, printing or use of the Site.
Google, Google Play, Android and other marks are trademarks of Google Inc.
OPEN SOURCE CODE
Catphone offers Open Source Codes (“Open Source Codes”) for access and download from the website. By using and downloading the Open Source Codes, you assume all risk and liability associated with and caused by using and/or downloading the Open Source Codes. Catphone provides Open Source Codes without representation, conditions, undertakings or warranties of any kind, whether express, implied, statutory or otherwise. Subject to applicable laws, Catphone expressly disclaim any implied warranty, including without limitation, any warranty of satisfactory quality, merchantability or fitness for a particular purpose or warranties arising from a course of dealing, usage of trade custom. Any misuse of Open Source Codes will attract liability as per applicable laws. Catphone will not be liable for any damages including direct, indirect, incidental or punitive, arising from the use and/or download of Open Source Codes. Available GPL source packages: S60 | S41 | S40 | S31 | S30
LINKS TO OTHER WEBSITES
The Site may include links to gain access to other sites on the World Wide Web, the Internet or other sources of information. By accessing these links, you acknowledge that such other sites or locations are not under the control of this Site and you agree that this Site shall not be responsible for any information or additional links found at such site or location, or for your use of such information. Such links serve only as a convenience to you, and information or programs found at such sites are not endorsed, tested or verified.
Availability of any products displayed or described in this site is subject to the supply of each particular retailer, distributor or licensee. All descriptions of products are subject to change at any time without notice.
Safety on the Internet is of paramount importance, and parents are encouraged to spend time with their children online and to be familiar with the sites their children visit. The Site is not designed to collect personal information from children who are under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, please do not provide personal information on the Site.
The Site may contain links to websites of third parties who (1) are not affiliated with us, (2) are outside our control and (3) are not covered by Terms and Conditions of use (“Third Party Websites”). Links provided to Third Party Websites on the Site are provided to you only as a convenience, and the inclusion of any link does not imply reliability and endorsement by us of the content of any such Third Party Websites. We are not responsible for the privacy practices of Third Party Websites, which may collect and use information from you in a manner different from how we do so and, accordingly, the use of such Third Party Websites is entirely at your own risk. For relevant information, you should review the privacy statements or policies of any Third Party Websites before using them.
ACCESSING PERSONAL INFORMATION
To access, change, or delete your personal information, choose not to receive marketing or other promotional communications from us, or to otherwise change your choices about how we use your personal information, please: (1) follow the unsubscribe instructions located at the end of any marketing communication from us, (2) email us at dpoor (3) write to us at the following address with your request:
Catphone, ATTN: CONSUMER RELATIONS
Please be sure to include in any email or regular mail your full name, email address, postal address and any message. Please note that such requests may take up to fourteen (14) days to become effective.
Bullitt MOBILE LIMITED
ADDRESS: ONE VALPY, VALPY STREET, READING, ENGLAND, RG1 1AR
COMPANY ID NUMBER: 06945690
VAT NUMBER: GB 208035440
FORM: LIMITED LIABILITY COMPANY
You can buy or purchase a Catphone from our website. We will be responsible for providing support and repair services for Catphones purchased through our website. In some cases, you may be able to buy a CAT phone through third party retail vendors. However, we will not be responsible for phones purchased from these third-party vendors. Once you leave our web page and go to third party vendor’s website, you are subject to their terms and conditions, and we will be no longer responsible for any purchases that you may make via these third-party vendors.
TERMS AND CONDITIONS OF SALE
Please read carefully the following terms and conditions of use for the www.catphones.com website (“Site”) and the ordering and sale of Cat products (“Products”) through the Site (“Terms & Conditions”).
- About Us.
These Terms and Conditions set out important information regarding Your rights, obligations and the restrictions that may apply when You use the Site and when You order any of the Products listed on the Site.
Any reference to “You” or “Your“, means you as a user of the Site and/or as a customer buying the Products. Any reference to “We“, “Us” or “Our” is to Bullitt Mobile Ltd, the manufacturer and license holder of Cat phones, any appointed resellers and any third party logistics providers under contract with Bullitt Mobile Ltd as the context requires.
Bullitt Mobile Ltd is registered in England and Wales with number 06945690 and with registered office at One Valpy, Valpy Street, Reading, Berkshire, RG1 1AR, UK.
Fine Trade GmbH is acting as Bullitt Mobile Ltd’s authorised reseller for the Products on the Site. Fine Trade GmbH is registered in Austria, with registration number FN 359644 p and registered office at Am Garnmarkt 4, 6840 Götzis, Austria. As the reseller and merchant of record, Fine Trade GmbH is responsible for processing all payments for Products purchased through the Site.
- Data Protection
We will use the personal information You provide Us:
- to supply the Products to You; and
- to process Your payment for the Products.
Where we extend credit to You for the Products we may pass personal information to credit reference agencies and they may keep a record of any search that they do.
- Use of the Site
Your use of Our Site is covered by the General terms and conditions.
We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may suspend Your use of the Site with immediate effect if You breach any of these Terms & Conditions.
- General Information
These Terms & Conditions together with any further terms for the purchase of Products and documentation and materials referenced in these Terms & Conditions including Fine Trade GmbH’s Terms of Service, Delivery Information and Returns Policy constitute the entire agreement in connection with the sale and purchase of the Products between You and Fine Trade GmbH and between You and Us
We reserve the right to vary these Terms & Conditions and any of Our policies from time to time, such variations becoming effective immediately upon posting to the Site; and by continuing to use the Site, You will be deemed to accept any such variations.
You will be subject to these Terms & Conditions as in force at the time that You ordered Products, unless any change to those Terms and Conditions is required by law in which case it may apply to order previously placed by You.
In the event that there is any conflict or inconsistency between these Terms & Conditions and those of Fine Trade GmbH, these Terms & Conditions shall prevail.
These Terms & Conditions and the relationship between You and Us shall be governed by the laws of England and you can bring legal proceedings in respect of the products in the English courts. If you live outside England, you can bring legal proceedings in respect of the products in either your local court or the English courts.
As a Consumer (defined as person, who is acting outside the scope of an economic activity trade, business, craft, liberal profession) You will benefit from any mandatory provisions of the law in the country in which you are resident. Nothing in these Terms & Conditions affects Your rights as a Consumer to rely on such mandatory provisions of local law.
- Limitation of Liability
So far as permitted by law, and except in respect of death or personal injury arising from negligence, We exclude any liability for loss or damage of any kind resulting from the use of the Site (including reliance upon any information contained on it). We are not responsible for any delay or failure to comply with Our obligations under the Terms & Conditions. This does not affect Your statutory rights, including the right to have the Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.
You agree that Your order is an offer to purchase the Products from Fine Trade GmbH as Our authorised reseller; and any associated delivery services as applicable listed in Your order. All orders are subject to acceptance by Us. We may choose not to accept Your order for any reason without liability to You.
After You have submitted an order, We will send You an order acknowledgement email with Your order number and details of the Products and any delivery services You have ordered .
Please note that this email is an acknowledgement that We have received Your order and is not an acceptance of Your order. Acceptance of Your order and the formation of:-
(a) a contract of sale for the Products between Us and You; and
(b) as applicable a contract for any delivery services between You and Us in respect of delivery to residents in the UK and the Isle of Man and residents within of the EU
will not take place unless and until the later of (i) the date on which Fine Trade GmbH receives payment or (ii) the date on which Bullitt Mobile Ltd dispatches the Products to You.
We may not be able to accept Your order (or part of it) (for example, but without limitation, due to unusual demand, delays in supply or stock unavailability). Other than set out in these Terms & Conditions, We will not be responsible for any loss or damage You might suffer due to Us not accepting or otherwise declining Your order.
If We cannot supply You with the Product(s) You ordered, We will inform You of this in writing by email or phone using the contact details provided by You in connection with Your order; and if You have already paid for the Product(s) and/or Service(s) refund You in full as soon as possible.
The price of the Products and our delivery charges will be as quoted on the Site. All prices are stated in the currency specified for Your country, including prices for delivery in the Delivery Information section.
If Your order is to be delivered within the EU, both the product price and delivery services price include applicable VAT or sales tax payable.
We may vary the prices at any time and without any notice. From time to time, We may offer promotions the terms of which will be detailed at the time of the promotion.
Despite Our best efforts, it could happen that Products listed on Our Site are incorrectly priced. We will normally verify prices as part of Our order acceptance procedures so that, where a Product’s correct price is less than Our stated price, We will ensure that the lower amount is charged when dispatching the Product to You and any difference will be refunded. If a Product’s correct price is higher than the price stated on Our Site, We will, at Our discretion, either contact You for instructions before accepting Your order and dispatching the Product, or cancel Your order and notify You of such cancellation.
When You make a purchase for Products You agree Fine Trade GmbH’s Terms of Service. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency, please make sure You purchase the Products in the currency of Your bank or credit card. We do not accept responsibility for charges or differing rates of currency exchange levied by a Your bank or credit card provider. Prices for Delivery Services provided are stated in the currency specified for Your country in Our Delivery Information section.
We take all reasonable care to ensure that all details and descriptions of Products appearing on the Site are correct at the time when the relevant information was entered onto Our system. We aim to keep the Site as up to date as possible but the information at a particular time may not always reflect the position exactly at the moment You place an order.
If You have purchased a Product within 14 days prior to any markdowns or discount We may at our sole discretion offer to refund the difference or match the offer. You must contact Our Customer Service team to discuss any such offer.
More information about the payment terms that are accepted are set out on the Site, and are available from the Fine Trade GmbH Terms of Service.
Payment terms are subject to validation checks and authorisation and We will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
- Order Cancellation Right (Cooling Off Period) and Returns
If You are a UK/EU Consumer, You have the legal right to cancel Your entire order within 14 days following the date on which You, or a third party other than the carrier and indicated by You, takes physical possession of the goods.
The Order Cancellations and Returns process as described below relates to any purchase made via the Site.
We reserve the right to extend the cancellation rights to Trader Clients (defined as any consumer acting for the purposes of their trade, business, craft or profession).
If You wish to cancel Your order, You can do so within the My Account section of this Site or by email to firstname.lastname@example.org (quote the original order reference number, Your name and the Product(s) You are returning)
If Your order was placed before 14:00 GMT and You submit Your cancellation request before 14.00 on the same day, Your order will be cancelled.
If You don’t cancel Your order before 14:00 GMT on the day You placed the order or if Your order was placed after 14:00 GMT and Your order has been accepted, You will need to return the Product(s) following our Returns process outlined below.
If You need to return Your Product(s), We want to make it as easy as possible for You. If You exercise Your right to cancel and return the goods to Us. Please complete the Standard Withdrawal Form as included in the Terms & Conditions of Fine Trade GmbH and return it as detailed on the Standard Withdrawal Form.
The Customer Service team will email You the label to be attached to the Product package and arrange collection. The Customer Service team will arrange a free pick up for a date and time that is convenient for You. Please ensure You include all accessories You originally received including chargers and cables.
Upon receiving and inspecting the Product(s), Fine Trade GmbH will refund Your money within 7 days using the same payment method You used when purchasing the product(s). If You do not receive Your refund within 7 days, please contact email@example.com who will be able to assist.
Pre-orders are orders for Products that have not yet become available for purchase on the Site e.g. prior to official release/launch dates. You may be able to make a pre-order using the Site, and where possible (and subject to availability) such orders will be shipped to You once the relevant Product(s) release date has passed, Fine Trade GmbH has authorised acceptance and the Product remains in stock.
Product launch/release dates are subject to change without notice and We are not liable for any changes to/withdrawal of a release/launch date advertised by Us.
Pre-orders will be supplied at the price applicable when Your order is processed prior to dispatch. If the price at the time of processing Your order is higher than the price advertised at the time You made Your pre-order, We will notify You of the variation in price and ask for Your confirmation of Your order.
Your Pre-order and, if applicable, any confirmation of Your order in the event of an increase in the price constitutes an offer to buy the Product. Acceptance of Your order and the formation of a contract between You and Us and between You and Fine Trade GmbH will take place when the Product becomes available, payment has been received and You have received an order acceptance email from Us. For Pre-orders Your payment card will be preliminarily checked for security purposes. You will be charged for the full amount of Your order immediately prior to dispatch of the same.
- Delivery Information
When delivery takes place
Delivery of Products will be completed when We deliver Products to the delivery address You gave Us. We aim to fulfil Your order by the estimated delivery date set out in the order confirmation or acceptance of Your order, subject to any Event Outside Our Control as defined below, see section 13.
Although We will always aim to deliver Your Product(s) as quickly as possible, in case of remote rural areas, please allow additional time for delivery.
Orders which are in stock
If Your order is accepted before 14:00 GMT, We will dispatch Your Product to You on the same day subject to checks.
If Your order is accepted after 14:00 GMT We will dispatch Your Product the following working day subject to checks.
We offer a standard (2 – 5 working days) delivery. The available options for Your location and any associated costs will be published during the order checkout process.
Full details of are available in the Delivery Information section on Our Site.
We will take reasonable effort to ensure the accuracy of the delivery charges on the Site, but please note that delivery charges may change from time to time.
All delivery options are subject to availability for Your area, and delivery times exclude weekends and public holidays. A signature will be required on delivery. If You are unavailable at the designated delivery address, any instructions You left us on leaving Your parcel in a secure place will be followed. Alternatively, We will leave a card detailing the pick up address.
Reporting a non/late-delivery
Please allow sufficient time for Your Product(s) to be delivered based on the information provided. For an accurate delivery date, You can track Your delivery via the link in Your Order Dispatch Confirmation email. If You don’t receive Your Product(s) within the defined time period or have difficulty tracking Your Product, please contact Our customer service team by email at firstname.lastname@example.org, who will be able to assist.
- Faulty Items
Products that are faulty as a result of an accident, neglect, misuse or normal wear and tear: (i) will not be capable of return by You to Us; and (ii) will not be covered under the relevant manufacturer’s warranty; and We will have no liability to You in relation to the same.
If a Product develops a fault within 30 days of delivery of the Product, and provided that You notify Us of the fault or problem within 30 days of the delivery of that Product to You, You may return the Products following the process set out below and request a refund or replacement. A Product returned as faulty or incorrect within the 30-day time period specified above will be subject to Our inspection and testing to determine, at Our sole and absolute discretion (acting in good faith and reasonably), if that Product is in fact faulty or incorrect (as the case may be). If so, You will be offered a refund using the same payment method used by You when Purchasing the Product. Alternatively, if requested, subject to availability We will provide a like for like replacement of the Product.
If following an inspection and testing the Product is not faulty or incorrect, it will be returned to You, We reserve the right to charge Our standard delivery charge for any such return.
How to tell Us that You want to return a faulty Product
If You wish to return a Product to Us please contact Customer Services by email at email@example.com with the following information:
Original order reference number;
Your daytime contact number;
the Product(s) You are returning; and
the reason You wish to return the Product(s).
If You do not comply with this section it may result in a delay in processing.
- 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 an event outside Our reasonable control (“Event Outside Our Control”).
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.