Terms of sale
This is the Official UK Website for Emporia UK and Ireland Limited. Purchases from Our Site (defined below) are processed and transacted by C247.
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by C247 to consumers through this website, emporiamobile.com/en, emporiamobile.co.uk, emporiatelecom.co.uk (“Our Site”).
Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.
You will be required to read and accept these Terms of Sale when ordering Goods.
If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.
These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"C247”
means Connected247, a limited company registered in England under company number 08389878, whose registered address and main trading address is Unit 4 Evolution, Hooters Hall Road, Newcastle under Lyme, ST5 9QF;
"Contract"
means a contract for the purchase and sale of Goods, as explained in Clause 7;
“EMPORIA”
means EMPORIA TELECOM GmbH & Co KG, Industriezeile 36, A-4020 Linz, entered in the company register of the Linz Regional Court under FN 431859m and EMPORIA TELECOM UK LIMITED, a company registered in England, registration number 12283809 with registered address of Park Road, Cardinal Point, Rickmansworth, Hertfordshire, WD3 1RE, United Kingdom;
"Goods"
means the goods sold by C247 through Our Site;
"Order"
means your order for Goods;
"Order Confirmation"
means our acceptance and confirmation of your Order;
"Order Number"
means the reference number for your Order; and
“We, Us, Our”
means both “EMPORIA” and” C247”.
2. Information About Us
2.1 The WEB sites, emporiamobile.com/uk, emporiatelecom.co.uk and emporiamobile.co.uk are owned and operated by EMPORIA.
2.22 2 All transactions and orders in the UK are processed, transacted and delivered by C247.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. EMPORIA may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. EMPORIA will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
4. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please contact us on support@emporia.c247.com.
5. International Customers
Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.
6. Goods, Pricing and Availability
6.1 EMPORIA make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
6.3 Where appropriate, you may be required to select the required size, model, or colour of the Goods that you are purchasing.
6.4 We cannot guarantee that Goods will always be available. Stock availability is provided on Our Site, however such availability may be inaccurate due to order processing schedules.
6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
6.6 All prices are checked by C247 before your Order is accepted. In the unlikely event that We have shown incorrect pricing information, including any change in the rate of VAT, C247 will contact you in writing or by email to inform you of the mistake. If the correct price is lower than that shown when you made your Order, C247 will simply charge you the lower amount and continue processing your Order. If the correct price is higher, C247 will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). C247 will not proceed with processing your Order in this case until you respond. If C247 do not receive a response from you within 3 days, C247 will treat your Order as cancelled and notify you of this in writing.
6.7 All prices on Our Site include VAT.
6.8 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to information presented at checkout. Delivery options and related charges will be presented to you as part of the order process.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact C247 as soon as possible. If C247 are unable to process your Order due to incorrect or incomplete information, C247 will contact you to ask to correct it. If you do not give C247 the accurate or complete information within a reasonable time of the request, C247 will cancel your Order and treat the Contract as being at an end. If C247 incur any costs as a result of your incorrect or incomplete information, C247 may pass those costs on to you.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that C247 may, at its sole discretion, accept. Acknowledgement of receipt of your Order does not mean that it has been accepted. Acceptance is indicated by C247 sending you an Order Confirmation by email. Only once C247 have sent you an Order Confirmation will there be a legally binding Contract between C247 and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.5 In the unlikely event that C247 does not accept or cannot fulfil your Order for any reason, C247 will explain why in writing. No payment will be taken under normal circumstances. If C247 have taken payment any such sums will be refunded to you as soon as possible and in any event within 3 working days.
7.6 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.
8. Payment
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
8.2 The following methods of payment are accepted on Our Site:
8.2.1 Debit card
8.2.2 Credit card
8.2.3 PayPal
9. Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within 7 calendar days after the date of Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13). You should note that some items may require a signature to confirm successful delivery.
9.2 If C247 or our delivery partner are unable to deliver the Goods on the delivery date, the following will apply:
9.2.1 Our delivery partner will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
9.2.2 If you do not collect the Goods or rearrange delivery within 7 to 10 days, C247 will contact you to ask you how you wish to proceed. If C247 cannot contact you or arrange redelivery or collection, C247 will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. C247 may also bill you for any reasonable additional cost incurred in recovering the Goods.
9.3 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once C247 has delivered the Goods to the address including, where relevant, any alternative address you have provided.
9.4 Ownership of the Goods passes to you once C247 has received payment in full of all sums due (including any applicable delivery charges).
9.5 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
10. Faulty, Damaged or Incorrect Goods
10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact C247 at support@emporia.c247.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
10.1.1 Beginning on the day that delivery of the Goods is complete as per clause 10.6 you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
10.1.2 If the Goods develop a fault within their warranty period C247 will repair or exchange the Goods.
10.2 To return Goods for any reason under this Clause 10, please contact C247 at support@emporia.c247.com to arrange for a collection and return. C247 will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
10.3 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which C247 agrees that you are entitled to the refund.
10.4 Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
11. Cancelling and Returning Goods if You Change Your Mind
11.1 You have a legal right to a "cooling-off" period within which you can cancel the Contract for any reason. This period begins once your Order is complete and C247 has sent you your Order Confirmation, i.e. when the Contract is formed. You may also cancel for any reason before C247 sends the Order Confirmation.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform C247 of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send C247 your message. If you would prefer to contact C247 directly to cancel, please use the following details:
11.2.1 Telephone: 01782 568342
11.2.2 Email: support@emporia.c247.com
11.2.3 Post: Unit 4 Evolution, Hooters Hall Road, Newcastle under Lyme, ST5 9QF
In each case, providing C247 with your name, address, email address, telephone number, and Order Number.
11.3 Please ensure that you return Goods to C247 no more than 14 calendar days after the day on which you have informed C247 that you wish to cancel under this Clause 11.
11.4 Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:
11.4.1 The day on which C247 receive the Goods back; or
11.4.2 If C247 has not yet provided an Order Confirmation or has not yet dispatched the Goods, the day on which you inform C247 that you wish to cancel the Contract.
11.5 Refunds under this Clause 11 may be subject to deductions if the Goods are not returned in an unused and original condition (as they were received by you).
12. Liability to Consumers
12.1 C247 will be responsible for any foreseeable loss or damage that you may suffer as a result of its breach of these Terms of Sale (or the Contract) or as a result of its negligence. Loss or damage is foreseeable if it is an obvious consequence of breach or negligence, or if it is contemplated by you and C247 when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 C247 only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 C247 will inform you as soon as is reasonably possible;
13.2.2 C247 will take all reasonable steps to minimise the delay;
13.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4 C247 will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
13.2.5 If the event outside of Our control continues for more than 14 days C247 will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 working days of the date on which the Contract is cancelled;
14. Communication and Contact Details
If you wish to contact C247 you may do so by telephone at 01782 568342, by email at support@emporia.c247.com or by post at Unit 4 Evolution, Hooters Hall Road, Newcastle under Lyme, ST5 9QF.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
15.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
15.3.1 In writing, addressed to Customer Services at Unit 4 Evolution, Hooters Hall Road, Newcastle under Lyme, ST5 9QF.
15.3.2 By email, addressed to support@emporiac247.com.
15.3.3 By contacting Us by telephone on 01782 568342.
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.
17. EMPORIA INTELLECTUAL PROPERTY
17.1 Plans, descriptions, sketches, cost estimates and other documents provided by EMPORIA or created through a contribution by EMPORIA remain the intellectual property of EMPORIA.
17.2 The use of such documents outside of the intended use, in particular passing on, duplicating, publishing and making available, including copying only in part, requires the express consent of EMPORIA.
18. Other Important Terms
18.1 C247 may transfer (assign) it’s obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if C247 sells it’s business). If this occurs, you will be informed by C247 in writing. Your rights under these Terms of Sale will not be affected and C247 obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and C247. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by C247 in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.