Terms and Conditions
LG Eshop - (run by Virtual Phone Store Limited on behalf of Data Select Limited as ‘Seller') Terms & Conditions
General
This website is published and maintained by Virtual Phone Store Limited on behalf of Data Select Limited (who hereinafter the following phrases shall relate to: "Virtual Phone Store", "we", "us" and "our") who act as Seller under all terms and conditions set out herein and all orders processed through this website ("the Site"). By using the Site you agree to the terms and conditions outlined in this legal notice ("Terms of Use"). If you do not agree to the Terms of Use, please do not use the Site.
From time to time, we may change or modify these Terms of Use. You should therefore visit these pages in conjunction with each visit to the Site. If you continue to use the Site after we have changed or modified these Terms of Use, it also means you agree to the new terms of use. Availability of products and services the products and services displayed on the Site may not be available in your particular country or locality, or at all. The reference to such products and services on the Site is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere. You should check with your local LG authorised representative for the availability of specified products and services in your area. Applications and features are dependent on SIM card and/or network, content format as well as on the compatibility of devices necessary for use. Please verify the local availability of MMS, WAP and mobile internet services, etc., with your operator or service provider.
Ownership
All materials, including all images, software, text and graphics, buttons, keywords, metatags and as well as the general "look and feel", ("the Content"), contained on the Site are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trademark, intellectual property and other rights of LG Electronics (LG) or its content providers.
Without limiting the foregoing, the LG Logo is the trademark or registered
trademark of LG and/or its Holding company or is used under license from LG
Electronics
You cannot use the Content except as specified herein. Violation of these terms
may constitute violation(s) of our or our content providers' intellectual
property rights, and LG or its content providers may be required to take legal
actions to protect these rights.
The Content may be viewed and printed, and documents thereon distributed
provided such documents are used for information and non- commercial personal
purposes only and reference is made to LG whenever the document is used. You
may not exchange, modify, sell or transmit anything on the Site. Press releases
and other documents classified as public may be for public communication
provided the source of the information is stated.
If you send any communications or materials to the Site by electronic mail or
otherwise, all such communications will, to the extent not otherwise labeled,
be treated as non-confidential and non- proprietary information and in such
cases as the sender of such communications you shall be deemed to have
consented that Virtual Phone Store & LG are free to use, without any
compensation to you, any concepts, ideas, know-how, or techniques contained in
any such communication for any purpose whatsoever. However, you agree and
understand that Virtual Phone Store & LG are not obligated to use any such
ideas or materials, and you have no right to compel such use.
Links
For your convenience, the Site may include links to sites on the Internet which
are owned, published and maintained by third parties. Please note that such
linked sites are not under our control, and therefore Virtual Phone Store &
LG cannot assume any responsibility for the content of such linked sites. Links
to the Site are prohibited without the consent of LG. Links do not, and are not
intended to, create or constitute a legal affiliation between LG and any third
party, any liability or responsibility on the part of LG for the content,
advice, representations, products or services of any third parties, or any
endorsement, warranty or guaranty of their products and services or the
performance or quality of same. Software available on the Site Any software
that may be available for download from the Site ("the Software") is
the copyrighted work of LG or its content providers. The Software is made
available for downloading solely for end-users personal use and its use is
subject to terms of the end user license agreement, which accompanies or is
included with the Software ("the License Agreement"). Any
reproduction or redistribution of the Software not in accordance with the
License Agreement may result in civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, LG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING
MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON- INFRINGEMENT.
THE CONTENT CONTAINED ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. VIRTUAL PHONE STORE AND/OR LG RESERVE THE RIGHT TO REVISE
CONTENT AS NECESSARY TO CORRECT SUCH ERRORS WITHOUT NOTICE.
Protection of information
Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Further, you should not give your password to anyone. Also, if you share your computer with other people, you should log out from the Site and close your browser window when you are done.
Age limit
Everyone is welcome to visit the Site. However, if you want to contribute to the different sections of the Site, for example join a club or group, enter a contest or buy anything online, you must register. In order to register, you must be at least 15 years old or receive your parent's or guardians written consent.
Online conduct
If you distribute content or add comments, you grant us the right to edit, copy, distribute, create derivative works from, and publish such content in any form and medium we choose. Also, you are solely responsible and liable for all of your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site:
1. Publish content that is illegal, obscene, or libelous.
2. Harass, threaten, embarrass, or interfere with another user in any unwanted way.
3. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
4. Use vulgar or abusive language.
5. Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.
6. Attempt to get another user's password.
7. Publish any advertising or promotional material.
8. Upload a virus or other harmful component.
9. Interrupt or attempt to interrupt the Site. We reserve the right to remove content at any time, including but not limited to, any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Site.
Indemnification
Neither LG nor those who helped us to create, produce, deliver, and/or maintain the Site are responsible for any damages that may result from your use of the Site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the Site. Therefore, you are entirely responsible for the consequences of your use of the Site. You agree to indemnify, defend and hold LG, providers, licensors and licensees, officers and parent companies (together "Indemnified Parties"), harmless from and against any and all liabilities, claims and expenses, including any attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the foregoing representations, warranties and covenants.
Every effort has been made to ensure the accuracy of the information on the Site. However, because of the nature of the medium and the risks of interruption and disruption, liability is excluded as set out below.
Disclaimer of warranties and damages
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED ""AS IS"" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE SITE, LG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY LG'S NEGLIGENCE AND SAVE TO THE EXTENT PERMITTED BY LAW, LG SHALL NOT BE LIABLE IN CONTRACT, TORT AND/OR CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL DAMAGES AND/OR ANY LOSS OF PROFITS RELATED TO (A) THE USE OF OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE ON THE SITE, (B) THE INABILITY TO USE THE SITE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF LG OR AN AUTHORISED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY LG'S NEGLIGENCE AND SAVE TO THE EXTENT PERMITTED BY LAW, LG's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ( WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED EUR 2.000. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
General provisions
These terms and conditions and any additional terms posted on the Site together constitute the entire agreement between Virtual Phone Store (acting as the Seller and website service provider on behalf of Data Select Limited) and you with respect to your use of the Site. The failure of LG to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by LG of a breach of any provision hereof be taken or held to be a waiver of the provision itself. To be effective, any waiver by LG must be in writing. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions shall be governed by and construed in accordance with the laws of England and both We and You will submit to the non-exclusive jurisdiction of the Courts of England.
Privacy Policy - lgmobileshop.co.uk
lgmobileshop as maintained by Virtual Phone Store Ltd as Seller, (hereinafter referred to as "lgmobileshop" "us" "we" or "our") is committed to respecting your privacy and to complying with applicable data protection and privacy laws. You can visit our web and WAP sites without disclosing any personally identifiable information about yourself (although please note that we may use cookies and collect other non-personally identifiable information about your browsing activity - see below for more information). If you do submit personal information by ordering products, or services, for example, you can be assured that we will use your personal information only to support your continuing relationship with lgmobileshop.
We have provided this Privacy Policy Statement to help you understand how we collect, use and protect your information when you visit our web and WAP sites and when you generally use our products and services. We wish to help you make informed decisions, so please take a few moments to read the sections below and learn how we may use your personal information.
You should read this notice in conjunction with the terms & conditions of
use for LG Web and WAP sites and any separate terms & conditions issued
with your airtime or other product/service contract.
We endeavor to collect and use your personal information only with your
knowledge and consent and typically when you order and subsequently use products
and services, make customer enquiries, register for information or other
services, request product information, submit a job application or when you
respond to communications from us (such as questionnaires or surveys).
The type of personal information we may collect could include, for example,
your name and postal address, date of birth, gender, telephone and fax numbers,
email address, and credit/debit card information; lifestyle and other
information collected on registration or through surveys. If you choose to
provide us with personal information it will be used in support of the intended
purposes stated at the time at which it was collected, and subject to any
preferences indicated by you.
We may also collect non-personally identifying information about your visit to
our web, WAP and other similar sites based on your browsing (click-stream)
activities. This information may include the pages you browse and products and
services viewed or ordered for example. This helps us to better manage and develop
our sites, to provide you with a more enjoyable, customised service and
experience in the future, and to help us develop and deliver better products
and services tailored to your individual interests and needs.
We may use your information for a number of purposes which includes: processing
your orders and managing and administering your account; delivering any
services, products or information requested by you; responding to complaints or
account enquiries; administering debt recoveries; verifying your identity when
required (you may lose your password or security information for example, and
we may then need to ask you for other 'identifiable' information to protect
your data from unauthorised access).
We may also undertake market and product analysis based on your use of our
services and products and contact you with information about new developments,
products, services and special offers by post, telephone and automated means
such as mobile text message (SMS), Email, Fax, Pager, WAP and the world wide
web (subject to any preferences expressed by you).
We may also tell you about the products and services of carefully selected
third parties and allow you to receive advertising and marketing information
from those selected third parties without passing control of your personal
information to the third party.
We may disclose information about you, your account and your mobile phone
to
(i) companies within the Phones International Group for the purposes and
subject to the terms of this Privacy Policy Statement; and
(ii) in the event that we undergo re-organisation or are sold to a third party,
in which case you agree that any personal information we hold about you may be
transferred to that re-organised entity or third party for the purposes and
subject to the terms of this Privacy Policy Statement. For the purposes of this
Privacy Policy Statement, "Phones International Group" means Phones
International Group Ltd and any company or other entity in which Phones
International Group Ltd owns (directly or indirectly) more than 15% of the
issued share capital. Companies in the Phones International Group Ltd shall
include, without limitation, Phones International Group Ltd Limited, Virtual
Phone Store Ltd, Celcius Ltd.
Please note that lgmobileshop do not sell or pass your personal information to
third parties (other than as set out in the paragraph above) unless you have
given us permission or unless it is necessary to deliver the products and
services ordered or used by you. For example, we may disclose your data to a
credit card company to validate your credit card details and obtain payment
when you buy a phone or other product or service.
lgmobileshop may also be obliged to disclose your personal information to meet
any legal or regulatory requirements or obligations in accordance with
applicable law.
We may use cookies to record details such as a user identity and general
registration details on your PC. This helps us recognise you on subsequent
visits so that you don't have to re-enter your registration details each time
you visit us and allows us to carry out those activities mentioned in the above
section "non-personally identifying information".
Depending upon the type of browser you are using, you may be able to configure
your browser so that:
(i) you are prompted to accept or reject cookies on an individual basis or
(ii) you may be able to prevent your browser from accepting any cookies at all.
You should refer to the supplier or manufacturer of your web browser for
specific details about cookie security.
You can write to us at any time to obtain details of the personal information
we may hold about you.* Please write to: Data Protection Manager (SAR), lgmobileshop,
Network House, Globe
Park, Marlow,
Buckinghamshire SL7 1LY.
Please quote your name and address together with your account number. We would be grateful if could also provide brief details of what information you want a copy of (this helps us to more readily locate your data).
We will take all reasonable steps to confirm your identity before providing you with details of any personal information we may hold about you.
*we may charge £10 to cover the administration costs involved.
lgmobileshop recognises that its customers are increasingly concerned about how
companies protect personal information from misuse and abuse and about privacy
in general. Lgmobileshop is constantly reviewing and enhancing its technical,
physical and managerial procedures and rules to protect your personal data from
unauthorised access, accidental loss and/or destruction. We use industry
standard secure sockets layer (SSL) technology, for example, to encrypt
sensitive information such as your credit card and other financial information.
Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. lgmobileshop cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
Sales Terms & Conditions
The following Sales Terms & Conditions, upon your acceptance, constitute an agreement between yourself and Virtual Phone Store Ltd (who hereinafter the following phrases shall relate to: "Virtual Phone Store", "we", "us" and "our") acting as seller for all orders placed through the Site:
1 Orders
1.1 All orders are subject to acceptance and availability. If the item/items You have ordered is not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You. 1.2 The purchase of Pay as you talk handsets is limited to 3 per customer/household.
1.3 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 are not 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.
1.4 You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
1.5 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
1.6 If You are a private consumer, You may cancel any purchase ordered by You at any time within 14 days of receipt (exceptions apply) of the Goods or Service without incurring any obligation or liability to Us, however, You may not cancel any Service ordered from Us once we have started to provide it to You.
2 Offers to Purchase and Description of Goods/Services
2.1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any Manufacturer's Guarantee.
2.2 Unless otherwise specified in the Manufacturer's Guarantee card supplied with the Good, the Manufacturer's Guarantee Period for Goods shall be 12 months from the date of end-user purchase, save for batteries which, unless otherwise specified, carry a 6 months period from the end-user purchase date. The Manufacturer's Guarantee shall cover the repair of confirmed manufacturing faults and defects occurring within the specified period, subject to the end-user supplying proof of purchase and conditions specified in the Guarantee card supplied with the Good. The Manufacturer's Guarantee shall not apply to any Good or part thereof, which (i) has been modified or otherwise altered including any unlocking and/or tampering other than in accordance with the manufacturer's written instructions or written approval; (ii) is not properly stored, installed, used, maintained or repaired by a third party other than the manufacturer; (iii) has been subjected to any other kind of misuse or detrimental exposure including but not limited to accidental damage or abnormal working conditions; (iv) have been damaged due to use of non LGE-approved accessories (v) have been damaged as a result or normal wear and tear.
2.3 Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be formed when We dispatch the Good to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject any offer to purchase made by You at any time.
2.4 You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Website.
3 Right of Cancellation / Returns
3.1 If You are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel any contract completed pursuant to clause 1.6 within 14 days of receipt by You of the Goods or Services ("Cancellation Period"). 3.2 If you do cancel a contract pursuant to clause 1.6 you must:
3.3 either notify us in writing to Virtual Phone Store Ltd, re: lgmobilestore, Network House, Globe Park, Marlow, Buckinghamshire, SL7 1LY, United Kingdom, by email to dataselectsales@lgmobilestore.co.uk or by phone on 0870 126 1067.
3.4 retain possession of the Goods.
3.5 take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us; and
3.6 ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, You (as the case may be).
3.7 If You do cancel a contract pursuant to clause 1.6, then We will notify You of when We wish to collect the Goods. We will collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the right to charge You for any direct costs incurred in collecting the Goods and will, at Our option, deduct these from any sum owed to You. Alternatively, if You wish, You may arrange return of the Goods to Us, during working hours, by calling 08705 126 1067 or by emailing us at dataselectsales@lgmobilestore.co.uk
3.8 Should goods that are not faulty be returned in an opened, unfit for resale state then no refund will be applied and the goods will be returned to You. We reserve the right to charge post and packaging for re-sending unfit or incomplete returned products.
3.9 If you do cancel a contract pursuant to clause 1.6 and in accordance with Clauses 3.6, 3.7, 3.8 and the terms of this Agreement, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice.
4 Payment
4.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the despatch of Your Good or provision of the Service to you.
4.2 You confirm that the credit/debit card that is being used is Yours.
4.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.
4.4 The merchant number for payment of goods is owned by Virtual Phone Store Limited. All payments will be fulfilled by Virtual Phone Store Limited on Data Select Limited's behalf as the Seller and website service provider. All enquiries as to the payment of goods should be directed to: 0870 126 1067 or by emailing us at dataselectsales@lgmobilestore.co.uk.
5 Eligibility to Purchase
5.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address, credit card details and other requested information.
5.2 The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
5.3 By making an offer to buy any Goods or Services, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
6 Delivery
6.1 Delivery is made through Parcel Force Delivery service.
6.2 Delivery requires a signature upon delivery at the designated delivery address as proof of delivery. The delivery commitment is for the purchased products to be delivered to the specified address.
6.3 Should no one be available at the time of delivery then a calling card will be left asking you to contact your local sorting office to arrange collection. Proof of identity may be required when collecting products from Parelforce directly.
7 Contact us
For technical Support on handsets and accessories please call 0870 126 1067
For sales advice or assistance placing an order please call 0870 126 1067
Or email us on dataselectsales@lgmobileshop.co.uk
Our office hours are: Monday to Friday 0830 to 1800 hrs
Amendment and Waiver
No alterations to, addition to or qualification of these Terms shall be binding upon Us unless expressly accepted in writing by Us
The failure by Us at any time or for any period to enforce any one or more of these Terms shall not be a wavier of them or a wavier of the right to enforce such Terms on a future occasion.
Legal Construction
So far as the law permits, We disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement) relating to Products and Services provided by Us to You. If you are a private consumer, the terms of this Agreement will not affect any rights which you may have under any Act of Parliament and any rights which cannot be excluded by law and/or by agreement.
In the event that any clause in these Terms is deemed to be unenforceable, the enforceability of any other part of these Terms will not be affected.
These Terms apply only to the extent permitted by law.
Law and Jurisdiction
These Terms will be governed by and construed in accordance with English law and both We and You will submit to the non-exclusive jurisdiction of the Courts of England.
