You are able to access WAP services (for specific Items that require WAP to be used to retrieve them to the mobile phone) or any related transmission system and accept that any additional costs of using these services will be met by yourself in addition to any order charges made by Mobiletones
Delivery will be attempted within 24 hours of completion of order excluding UK public holidays. In the event an Item is not delivered to your mobile phone we will on request re-send the Item free of charge on up to two further occasions to the same phone. If your mobile phone remains unable to receive delivery of the Item and the reason for non-delivery is not attributable to one of the items specified above which you have indicated does not apply in your case we will refund your payment.
Warranty
It is an express condition that any customer purchasing Item through the Site is fully and legally entitled to do so and in the event that you place an order for an Item you hereby warrant and represent that you are over 18 years old and that all information you provide about yourself whether in connection with the purchase of an Item or otherwise is true, accurate, current, complete and not misleading. mobiletones in turn warrants and represents that it has all necessary rights to grant the licence to use any Item sold pursuant to these terms.
Usage Of Data
mobiletones is registered to store information (data) on customers, lawfully and in accordance with the Data Protection Act 1998. Information on customers is collected through the ordering and members' registration process, and customers can opt out separately from receiving futher communications from mobiletones or from selected third parties. Any item of data given at the time of ordering or registration is collected and stored by mobiletones. Customers may opt out by contacting us directly.
The information which you provide and permit use of may be used by mobiletones who may contact you regarding other goods and services related to mobiletones or associated brands, and where this information is agreed to be passed to third parties, may also be passed to other companies who may contact you about other goods and services in which you may be interested. Furthermore, aggregated data may be used to analyse sales and customer trends.
For enquiries regarding the use of data, contact Data Protection Enquiries, Unit 4, Handford Court, Watford WD25 9EJ
Distance Selling
This paragraph sets out those items required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000.
• Identity. The supplier of any Item purchased pursuant to these Terms is: Mobiletones.com Limited of Unit 4, Handford Court, Watford WD25 9EJ.
• Description of Goods. The goods sold pursuant to these Terms comprise Items either selected from those available on our Site or created by us to your order.
• Price. The price of Items purchased via the Site shall be the price advertised on our price list on the Site at the time of purchase together with Value Added Tax and any other relevant tax thereon at prevailing rates from time to time.
• Delivery Costs. Items are delivered directly to your mobile phone at no additional cost and the price of delivery is all inclusive within the price of the Item.
• Payment. Payment for any Item purchased pursuant to these terms must be made by debit or credit card at the time of placing the order and prior to delivery.
• Cancellation. Due to the nature of the product, the fact that the Item can be previewed or heard prior to purchase and that once sent it cannot be returned there is no right of cancellation.
• Cost of Communicating with mobiletones. There are no premium rate charges which you will incur by reason of communicating with mobiletones. The cost of any such communication will accordingly be limited to the charges you would normally incur for use of the Internet in accordance with personal arrangements made with your internet service provider and your telephone carrier.
• Price Validity. The price of Items is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
• Duration of Contract. The right and licence to use a Item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the Item is initially transmitted.
Limitation of Liability
mobiletones shall have no obligation to you other than to use all reasonable endeavours to deliver a Item ordered by you in accordance with delivery instructions provided by you. mobiletones' liability hereunder (if any) shall not in any event exceed the price paid by you for the Item ordered (in addition to any consequential loss resulting as a result of the breach which could reasonably have been within contemplation of mobiletones) nor subsist more than three (3) months after the date of purchase unless death or personal injury occurs as a result of mobiletones' negligence. mobiletones accepts no liability for any adverse effects you or any third party may suffer by reason of listening to or viewing a particular Item. Notwithstanding the foregoing mobiletones shall have no liability whatsoever for any indirect, exemplary, punitive, economic or other consequential damages suffered by you of any kind. Mobile Tones accepts no liability for the loss of existing Items that may currently be stored on your phone.
Force Majeure
mobiletones shall have no liability for any delay or failure on its part in fulfilment of any of its obligations hereunder or for any damage suffered by you by reason of your use of the Site where such delay or failure or damage arises from reasons beyond its reasonable control, including but not limited to riot, flood, drought, fire, legislation or civil commotion. Without limitation to the forgoing you acknowledge that the functional aspects of the Site may be subject to interruption or error and that viruses or other harmful components may be introduced to the Site or the server by third parties from time to time. You accordingly acknowledge that you use the Site entirely at your own risk.
Non-Provision of Service
mobiletones reserves the right to deal with any prospective customer or other person in its absolute and unfettered discretion. In particular and without limitation we may refuse to produce a personalised Item on the grounds it may infringe third party rights, or that it is obscene, racist or sexist or otherwise contravenes any law or regulation.
Indemnity
You hereby agree to indemnify mobiletones and to hold us harmless from any loss or damage we may incur by reason of any breach by you of any of these Terms including but without limitation any infringement by you of any third party intellectual property rights in any personalised Item you may request us to prepare for you.
Premium SMS
By ordering via Premium Reverse Billed SMS ("PSMS") you agree that mobiletones will charge the order amount directly to your mobile phone account. This amount will be deducted by your network operator at the time of ordering therefore you must ensure you have sufficient credit on your phone. When ordering via PSMS, you agree to incur any additional costs related to sending SMS messages to trigger the order. If you subscribe to any of mobiletones' PSMS services which request timed or periodic content delivery (such as Tone Of The Week services) you agree that mobiletones can send chargeable messages to your phone no more than once per advertised period - to unsubscribe from these services please check the original unsubscribe message (received after joining) or contact Customer Services who will be able to remove you automatically
Severability
If any provision contained in these Terms is adjudged invalid, illegal or unenforceable in any respect such provision shall be deemed severed herefrom in its entirety but this shall not affect the enforceability of the remaining provisions which shall continue in full force and effect.
Applicable Law
All contracts entered into pursuant to these Terms for the delivery of Items shall be subject to English law and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby submit.
Statutory Rights
These terms do not affect your statutory rights as a consumer.
SUBJECT TO CHANGE WITHOUT NOTICE