Returns and Refunds
Delivery, Risk and Ownership
All Goods purchased through our website will normally be delivered within 30 calendar days after the date of our 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 14).
If We are unable to deliver the goods on the delivery date, the following will apply:
If no one is available at your delivery address to receive the goods and the goods cannot be posted through your letterbox (or left in a safe place nominated by you), We will leave a delivery note explaining how to rearrange delivery or where to collect the goods;
If you do not collect the goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We 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. We may also bill you for any reasonable additional cost that we incur in recovering the goods.
In the unlikely event that We fail to deliver the goods within 30 calendar days of our order confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the contract as being at an end immediately:
We have refused to deliver your goods; or
In light of all relevant circumstances, delivery within that time period was essential; or
You told us when ordering the goods that delivery within that time period was essential.
If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
You may cancel all or part of your order under sub-Clauses 10.3 or 10.4 provided that separating the goods in your order would not significantly reduce their value. Any sums that you have already paid for cancelled goods and their delivery will be refunded to you within 7 days. Please note that if any cancelled goods are delivered to you, you must return them to us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled goods.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address (including, where relevant, any alternative address) you have provided.
Ownership of the goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods (unless you specifically request that We make a refund using a different method).
Faulty, Damaged or Incorrect Goods
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, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the goods, that digital content must also conform. 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 us at email@example.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:
Beginning on the day that you receive the goods (and ownership of them) 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.
If you do not wish to reject the goods, or if the 30 calendar day rejection period has expired, you may request a repair of the goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
If, after a repair or replacement, the goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the goods at a reduced price, or to reject them in exchange for a refund.
If you exercise the final right to reject the goods more than six months after you have received the goods (and ownership of them), we may reduce any refund to reflect the use that you have had out of the goods.
Within a period of six years after you have received the goods (and ownership of them), if the goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return goods to us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period, which is further supplemented by our goodwill guarantee, bringing it to a total of 30 calendar days, within which you can return Goods for this reason. Please refer to Clause 12 for more details.
To return Goods to Us for any reason under this Clause 11, ( please contact Us at firstname.lastname@example.org to let us know you are returning the item. We will be fully responsible for the costs of returning goods under this Clause 11 and will reimburse you where appropriate.
Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods (unless you specifically request that We make a refund using a different method).
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Cancelling and Returning Goods if You Change Your Mind
If you are a consumer in the European Union, 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 We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
In addition, We offer a further Goodwill Guarantee which extends the legal cooling-off period within which you may change your mind, cancel, and return the Goods as detailed below.
If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which30 calendar days.
If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods. Our Goodwill Guarantee extends this period to a total of 30 calendar days.
If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period (as extended by Our Goodwill Guarantee). You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site www.mobilelyme.co.uk and will include (a link to) it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 0330 555 4777;
Post: 130 Old Street London EC1V 9BD;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
[We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
If the Goods are likely to deteriorate quickly, for example flowers or food;
If the Goods have been personalised or custom-made for you;
If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.
You may return Goods to Us in person during Our business hours of or you may return them by post or another suitable delivery service of your choice to Our returns address at 130 Old Street London EC1V 9BD. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you Royal Mail 1st class standard postage.The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. More details of return costs
Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
The day on which We receive the Goods back; or
The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
[If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
Refunds under this Clause 12 may be subject to deductions in the following circumstances:
Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12. OR If a refund is issued to you under this Clause 12, you will receive a full refund of any delivery charges (including, where relevant, premium delivery). We are required by law to reimburse standard delivery charges (or the equivalent) only. Under Our Goodwill Guarantee We will also reimburse premium delivery charges.
Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We 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.
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.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.