Please read the following important terms and conditions before you buy any device(s) on our website and check that they contain everything which you want and nothing that you are not willing to agree to. You must understand that by submitting an order on our website you are agreeing to be bound by these terms and conditions.
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘We’, ‘us’ or ‘our’ means E-Giant Limited, trading as Whiteboxdirect, registered in England and Wales under Company No. 8321525, whose registered office address is Wentworth House, The Links, 4400 Parkway, Solent Business Park, Fareham PO15 7FJ; and
• ‘You’ or ‘your’ means the person using our website to buying the devices from us.
If you don't understand any of this contract and want to talk to us about it, please contact us by:
• Email email@example.com or
• telephone 0333 344 2460 (calls will be answered Monday to Friday: 9AM TO 5PM).
WHO ARE WHITEBOX?
We are E Giant Limited (trading as Whiteboxdirect), a company registered in England and Wales under company number: 8321525.
Our registered office is at: Wentworth House, The Links, 4400 Parkway, Solent Business Park, Fareham PO15 7FJ.
Our VAT number is: GB153510637.
You can also fine out more about who we are and what we stand for here.
1.1 If you buy devices on our website you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
(a) Browsing preferences
(c) Suggested content
(d) Last view handset
1.3.2 This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
1.3.3 All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
1.3.4 Nothing in these terms grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, to try to circumvent or delete any notices contained on the website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the website.
1.3.5 Our trade marks and trade names will be used on the website. The use of any trade marks on the website is strictly prohibited unless you have our prior written permission.
1.3.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
1.3.7 The website may contain hyperlinks or references to third party websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
1.3.8 While we try to make sure that the website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.
2. INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. YOUR PRIVACY AND PERSONAL INFORMATION
4. ORDERING DEVICES FROM US
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 Our website is only intended for use by people registered with us and resident in the UK and EU. At our complete discretion we may accept or reject orders from people outside of these territories.
4.3 You place an order on the website by selecting the device(s) you wish to purchase and proceeding to the checkout. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting the order to us.
4.4 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.5.1 the device(s) is/are unavailable;
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the device(s) from us;
4.5.4 we are not allowed to sell the device(s) to you;
4.5.5 you have ordered too many devices; or
4.5.6 there has been a mistake on the pricing or description of the device(s).
4.6 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.6.1 a legally binding contract will be in place between you and us; and
4.6.2 we will dispatch the device(s) to you.
4.7 If you are under the age of 18 you may not buy any devices from the website.
4.8 We reserve the right to refuse service to anyone for any reason at any time.
4.9 In the event that an order is refunded we will not accept any liability for any bank charges which may have been incurred.
5. RIGHT TO CANCEL
5.1 You have the right to cancel this contract within 30 days without giving any reason.
5.2 The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the device(s).
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this contract.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.5 Where a device has been damaged or has software encryption it will not be eligible for cancellation.
6. EFFECTS OF CANCELLATION
6.1 If you cancel this contract, within the 30 day time period stated above, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2 We may make a deduction from the reimbursement for loss in value of any device supplied, if the loss is the result of unnecessary handling by you.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 30 days after the day we received back from you any device supplied; or
6.3.2 (if earlier) 30 days after the day you provide evidence that you have returned the device(s).
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5 We may withhold reimbursement until we have received the device(s) back or you have supplied evidence of having sent back the device(s), whichever is the earliest.
6.6 If you have received devices:
6.6.1 you shall send back the device(s) without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the device(s) before the period of 30 days has expired;
6.6.2 you will have to bear the direct cost of returning the device(s); and
6.6.3 you are liable for any diminished value of the device(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the device(s).
7.1 We use DPD to deliver our devices in the UK and UPS Express in the EU.
7.2 The estimated date window for delivery of the device(s) is set out in the Confirmation Email (see clause 4.6).
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the device(s).
7.4 Delivery of the device(s) will take place when DPD deliver them to the address that you gave to us.
7.5 Unless you and we agree otherwise, if we cannot deliver your device(s) within 30 days, we will:
7.5.1 let you know;
7.5.2 cancel your order; and
7.5.3 give you a refund.
7.6 You are responsible for the device(s) when delivery has taken place. In other words, the risk in the device(s) passes to you when you take possession of the device(s).
7.7 We do not make deliveries to any addresses outside of the UK and EU. All orders placed by you must be for delivery to an address in the UK and EU and you will be subject to a delivery fee.
7.8 We may deliver your device(s) in instalments.
8. PRICE AND PAYMENT
8.1 The prices of the device(s) will be as quoted on our website. Any change in price of a product on our website, such as via a promotion (and not in instances as detailed in clause 8.2), will not affect any order which has already been dispatched.
8.2 Whilst we always try to maintain accurate pricing on our website, there may be instances where a device is incorrectly priced. Should this be the case, we will inform you and will give you the option of continuing with your order on the basis of the correct information or cancelling the order. For the avoidance of doubt, we will not continue with the order until we have received your instruction. If we cannot contact you, we will cancel the order and refund any amounts paid by you.
8.3 If any pricing error is obvious and unmistakable, we do not have to provide the device(s) to you at such incorrect price.
8.4 We accept payment for orders via debit or credit card, Stripe-Pay, Apple Pay, Google Pay or Klaran. Card payments for orders where the billing country is not equal to the shipping country address will be cancelled and a refund will be processed.
8.6 Your credit card or debit card will only be charged when you complete the order online.
8.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
8.8 The price of the device(s):
8.8.1 is in pounds sterling (£)(GBP);
8.8.2 includes VAT at the applicable rate; and
8.8.3 does not include the cost of delivering the device(s).
9. NATURE OF THE DEVICES
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the devices:
9.1.1 are of satisfactory quality;
9.1.2 are fit for purpose; and
9.1.3 match the description, sample or model.
9.2 We must provide you with devices that comply with your legal rights.
9.3 The packaging of the device(s) may be different from that shown on the website.
9.4 Any devices sold:
9.4.1 at discount prices;
9.4.2 as remnants; or
9.4.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.2 Should the device(s) be faulty within 30 days of the purchase date, you may request a refund, repair or replacement.
10.3 Following the 30 day period stated in clause 10.2, the device is covered against defects in materials and workmanship when used in accordance with the manufacturers user manual, technical specifications and any other manufacturer guidance released from time to time, for a period of 12 months from the date that you purchased the device(s), this does not apply to batteries of any device, which are covered for 3 months from the date of purchase (this is the “warranty period”).
10.4 If there is a fault with the device(s) during the warranty period, we will repair or replace your phone/device (at our discretion). This warranty only applies to customers in the UK and EU who have purchased a device directly from our website.
10.5 This warranty does not apply:
10.5.1 where you have accidently or wilfully damaged the device(s) including, but not limited to, scratches, dents, cracks, damaged ports, liquid damage, damaged screen or non-functioning buttons;
10.5.2 where your use of the device(s) contrary to any user manuals, technical specification or guidance provided by the manufacturer;
10.5.3 to damage due to usual wear and tear and/or the natural ageing of the device;
10.5.4 to any accessories included with the device(s), such as chargers or headphones;
10.5.5 to software on the device;
10.5.6 to IP67 Rated and Water resistance devices in relation to any water damage of the device;
10.5.7 to loss/theft of the device;
10.5.8 to any damage due to use of the device with any other product/device (such as headphones or speakers for example);
10.5.9 for any device that is not included within the order and/or not identifiable by its IMEI; or
10.5.10 where you have installed any unauthorised, malicious or beta software or damaged the operating system on the device(s).
10.6 For the avoidance of doubt, the warranty will not apply where any serial number is removed from the device, or where we reasonably believe that the device returned to us is stolen.
10.7 Please contact us using the contact details at the top of this page should you have a fault. We will provide information on how to return the device(s) to us once you have contacted us.
10.8 Should we replace any device under this warranty, you will not be entitled to have the original device returned to you and the remaining time on the warranty period shall transfer to the replacement device.
10.9 When returning any device(s), you are responsible for:
10.9.1 making a back-up of any content on the device before you send the device to us under this warranty as the device may be erased, replaced, and/or reformatted under this warranty;
10.9.2 removing all personal data from the device before sending it to us;
10.9.3 disabling all security passwords on the device before sending it to us; and
10.9.4 ensuring that all devices are de-registered from any associated accounts (including any “find my iPhone/iPad” applications). Failure to do so will lead to a delay and/or prevent your claim under the warranty from being processed and may result in no refund or your phone/device being returned to you without repair or replacement.
11. END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12. LIMIT ON OUR RESPONSIBILITY TO YOU
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) that were not caused by any breach on our part;
12.1.2 business losses; and
12.1.3 losses to non-consumers.
12.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control or in compliance with any applicable laws or regulations.
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the device(s);
13.2.2 our service to you; or
13.2.3 any other matter,
please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1 let you know that we cannot settle the dispute with you; and
13.3.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us.
13.4 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
13.5 The laws of England and Wales will apply to this contract.
14. THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract. The contract between you and us is binding on you and us and on our respective successors and anyone we assign it to. 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. You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written permission.