Terms and Conditions
This page (together with the documents referred to on it) sets out the terms and conditions (Conditions) on which we supply the Dual SIM products (Items) displayed on our website:http://www.magic-sim.co.uk/ (Site) to you. Please read these Conditions carefully before ordering any Items from our Site because, by placing an order for any of our Items, you agree to be bound by these Conditions.
We suggest that you print a copy of these Conditions for future reference although please remember that we may change our terms in future (please see Clause 23 below for further details).
1. Information About Us
1.1 We operate our Site. We are IVANO PHONE ACCESSORIES, a company registered in the Netherlands with the following company data:
2. Making a Contract with Us
2.1 By placing an order through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3. How the Contract is Formed Between You and Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This e-mail is not an acceptance of your order; it is just a confirmation that we have received it. Your order constitutes an offer to us to purchase an Item. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Item has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.
3.3 We reserve the right to refuse any order at our discretion. Non-acceptance of an order may, for example, result from one of the following:
(a) the Item ordered being unavailable from stock;
(b) our inability to obtain authorisation of payment; or
(c) the identification of an error within the product information, including price or promotion.
4. Our Status
4.1 We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Items you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does notaffect your statutory rights against the third party seller.
5. Your Rights to Cancel as a Consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
5.1 If you are contracting with us as a consumer then, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may cancel a Contract at any time within fourteen days, such period beginning on the day after you received the Items. This is known under the Regulations as the ‘cooling-off’ period. In these circumstances, you will receive a full refund of the price paid for the Items in accordance with our refunds policy (set out in Clause 9 below).
5.2 To cancel a Contract under Clause 5.1, you must inform us in writing ensuring that you quote your order number in any correspondence. You must also return the Items to us within seven days of informing us of your decision to cancel a Contract, the return of any items will be at your own cost and will not be refunded to you. Any Items returned to us MUST be a) unused, b) uninstalled into any device and c) in their original, undamaged, packaging. If you fail to comply with the foregoing we will not be able to provide any refund for the Items you return.
5.3 This provision does not affect your other statutory rights as a consumer.
6. Availability and Delivery
6.1 All Items are subject to availability. As there is a delay between the time when your order is placed and the time when your order is accepted, the stock position relating to particular Items may change. If an Item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock Items.
6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and Title
7.1 The Items will be at your risk from the time of delivery to you.
7.2 Ownership of the Items will only pass to you when we receive full payment of all sums due in respect of the Items, including delivery charges.
8. Price and Payment
8.1 The price of the Items and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
8.2 Item prices include VAT.
8.3 Item prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 From time to time our Site may contain a large number of Items and, as a consequence, it is always possible that, despite our best efforts, some of the Items listed on our Site may be incorrectly priced. We try to ensure that all pricing on the Site is accurate and we will normally verify prices as part of our dispatch procedures so that, where an Item’s correct price is less than our stated price, we will charge the lower amount when dispatching the Item to you. If an Item’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Item to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Items must be made through PayPal or SagePay. Your details will be processed using PayPal or SagePay’s secure payment system. If, for any reason, there is a problem with collecting payment after we have confirmed receipt of your order, we will not be obliged to despatch your order to you.
9. Our Refunds Policy
9.1 In addition to your rights under the Regulations (please see above under Clause 5 for further information), if you return an Item to us because you have cancelled the Contract between us within the fourteen-day cooling-off period provided for under the Regulations (see Clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Item in full, and any applicable delivery charges, less a restocking fee of 20% of the value of the relevant item. However, you will be responsible for the cost of returning the Item to us.
For the avoidance of doubt, we will not accept any returns, and you will not be entitled to a refund of the price, in respect of any Item except in the circumstances as set out in the provisions of Clause 5.
9.2 You have a legal obligation to take reasonable care of the Items while they are in your possession. Where you have failed to take reasonable care of any Items, we reserve the right to refund you in full less any amounts due by way of compensation to either repair the Items or to cover any loss.
9.3 In all cases, Items must be returned to us in their original condition, which includes any packaging.
9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.5 We recommend you use a postal service that insures you for the value of the Items you are returning as we do not accept any liability for items that are not returned to us for reasons which are outside of your control or for any other reason.
9.6 We will be unable to accept the return of any Item and will not process your refund where you have failed to follow our refund policy. For the avoidance of doubt, we will be unable to process any refund unless you have returned the relevant Item to us.
9.7 The Items being sold by us on our Site have been designed for optimum use with official software designed by the original smartphone manufacturers and may not work properly when used in conjunction with modified and/or unofficial software. We cannot provide any refund in respect of, or accept any liability for or in connection with, any Item when it is used in conjunction with modified and/or unofficial software.
10. Information about Items
10.1 We have made every effort to display the Items featured on our Site as accurately as possible. However, please remember that shopping online is very different to shopping in-store. For instance, the colours we use, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor’s display of any colour, texture, or detail of Items will be accurate/the same as the actual Item.
10.2 We will take all reasonable care to ensure that all details, descriptions and prices of Items appearing on our Site are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions. Please see further conditions in relation to errors in pricing in Clause 8.
11.1 We warrant to you that any Item purchased from us through our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Items of that kind are commonly supplied. In respect of each Item the applicable warranty is stated as a period of time on the product page, such warranty shall expire at the end of the stated period which is relevant to the Item you have purchased.
11.2 For the avoidance of doubt, the commencement of the warranty period shall be calculated from the first date of postage of the Item by us to you. After the expiry of the warranty which is applicable to the Item which you have purchased we will have no further liability to you in respect of defective Items.
11.3 In case we approve your warranty claim, we are only obliged to provide you with a new product.
12. Our Liability
12.1 Subject to Clause 12.3, if we fail to comply with these Conditions, we shall only be liable to you for the purchase price of the Item or Items which you have purchased. Any other losses that you may suffer as a result of our failure to comply (whether arising in contract, tort or delict (including negligence), breach of statutory duty or otherwise) with these Conditions whether direct, indirect, foreseeable or unforeseeable are excluded from our liability under the Contract. For the avoidance of doubt, we do not accept any liability for any damage or loss that an Item may cause to your property or any third party property (including mobile phones and/or smartphones) howsoever caused but including damage or loss which results from the improper use or installation by you of the Item, and we will not reimburse your costs and/or expenses related to such damage or loss.
12.2 Subject to Clause 12.3, in addition to the general exclusion of liability stated at Clause 12.1 above but more particularly, we will also not be liable for losses that result from our failure to comply with these Conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Items under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Import Duty
13.1 If you order Items from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable for any breach by you of any such laws.
15. Written communications
15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Clause 16 does not affect your statutory rights.
16.1 All notices given by you to us must be given to LOGICSIM LTD at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
17.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control
18.1 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 events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.
20.1 If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1 These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in the Contract (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this Clause 22 limits or excludes any liability for fraud.
22.1 All content, graphics, images, sound and any other components of this website (the “Material”) are protected by copyright unless otherwise stated. The intellectual property rights and the copyright in the Material is owned exclusively by IVANO PHONE ACCESSORIES. Any unauthorized use of the Material constitutes an infringement of the copyright, trade mark, registered design, trade name and any other intellectual property rights of IVANO PHONE ACCESSORIES.
23. Our right to vary these Conditions
23.1 We have the right to revise and amend these Conditions from time to time.
23.2 You will be subject to the policies and Conditions in force at the time that you order Items from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Items).
24. Law and jurisdiction
24.1 Contracts for the purchase of Items through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the English courts.