1.- Legal Framework
In compliance with current regulations, the entity STARCOM GROUP LIMITED, which operates via the internet from this website WWW.THEPHONES.NET detailed below the general terms and conditions of the products and/or services offered through the same and which generate the rights and obligations of the parties.
The Present General Contracting Conditions (hereinafter "terms and Conditions") whose function is to regulate the relationship between STARCOM GROUP LIMITED (hereinafter the "Provider") and customers (hereinafter the "User"), relating to all transactions made through the website of the online store.
2.1.- Offering Company
SOCIAL REASON: STARCOM GROUP LIMITED
COMMERCIAL NAME: THEPHONES
TAX IDENTIFICATION NUMBER: 70008486
ADDRESS: 10/F The Wave 4 Hong Yip Street
POPULATION: KWUN TONG
PROVINCE: HONG KONG
C. P.: 999077
And, of the other part:
2.2.- The User
It will be understood by a user or customer, the user who acquires that condition by means of their registration on the website, using a form, and they are assigned to a key of user and password, over which it has full responsibility of use and custody, being responsible for the accuracy of the personal data provided to the service provider, as we will see in the section on user Registration.
By accepting these Conditions the User declares:
1. That is a person with capacity to contract according to the regulations in force.
2. That you have read and agree to these Conditions.
The User will always have access and in any case, prior to the start of the procedure of procurement of goods, to the conditions, which can be stored and/or reproduced in a durable support.
5.- Validity or Duration
The period of validity or duration of these Conditions and the special conditions of contract, will be the time that they remain posted on the web site and will apply from the moment that the User makes use of the web site, and/or proceed to the procurement of any products.
The provider reserves the right to unilaterally amend these Conditions, without this affecting the goods or promotions that were acquired prior to the modification by the User.
The User undertakes to read carefully the conditions of recruitment, each time you proceed to the procurement of any product, since the same have been modified since the last time you accessed.
If any clause included in these Conditions be declared totally or partially null or ineffective, such invalidity will affect only that provision or the part thereof that is null or ineffective, subsisting in all other Conditions.
8.- Object of the contract
The present contract is to regulate the contractual relationship of sale and purchase born between the provider and the user at the time that the buyer agrees to purchase during the process of recruitment online through the mechanisms set out below. The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the web site, of one or several specific products.
Each one of these products may be the subject of a specific regulation by the special conditions of employment of each of them, of which will be given in more detail in the section on warranties, returns, withdrawal, or on the technical sheet of the product, due to the different formats in which products are marketed, their packaging or their own nature.
9.- Registration of Users
The User may register on the web, in the top-right button “My Account” and click on "Login" and in the section "create an account". To which, will introduce the personal data required as required will be: name and surname, e-mail and password and optional gender and date of birthday. The registered User of the store will provide you with access to the web, to the acquisition of products and the receipt of newsletters/newsletter with information of the company and its products.
The user will select a user name and password, pledging to make diligent use of the same, and not make them available to third parties, as well as to communicate to the provider the loss or theft of the same or the possible access by an unauthorized third party, in such a way that the service provider shall proceed to the immediate blocking. The user has full responsibility of use and custody, being responsible for the truthfulness of the personal data provided to the service provider.
The user may not select as user name words that have as purpose to confuse others by identifying it as a member of the provider, as well as, expressions, rude, slanderous and in general, contrary to law or to the requirements of the moral and good customs.
10.- Geographical scope
This web site name client operates and sells in all of Europe. Hereinafter, it will be understood this geographic area as “the Territory”. Therefore, you only do shipments and distributes the products in the Territory. The use of this website, as well as any purchase made on the same is deemed to have been effected in Spain, and therefore subject to Spanish laws and regulations in force. The Lender does not accept and delivery orders outside of the Territory mentioned.
All of the above is stated without prejudice that in the near future we can offer these services in the areas excluded, in which case it will be announced in advance on this website.
11.- Product information
The Lender pays great attention to the information related to the characteristics of products through technical descriptions from its partner companies and manufacturers, and photographs illustrating the products. All of this is done within the limits of the technique and respecting the standards of the market.
This fact sheet will incorporate a link of extension of information to the extent possible.
12.- Tax, currency and shipping costs
Any purchase made through the website will be exempt of VAT (Value Added Tax). Be expressed in the currency Euro (€). These prices, except where expressly stated otherwise, do not include shipping costs or any other additional services and attachments to the purchased product.
13.- Language in the development of the contract
The recruitment procedure and pre-contractual information is in Spanish, English, French, German, Italian, Portuguese and Russian. These languages will be used to carry out the recruitment.
14-Steps of the Process of Procurement / Purchase
You can start the process of purchase of products in WWW.THEPHONES.NET of two ways:
- Register as a user, pressing the button that appears on the main page of the website called “My account” "Initial session", "Create account" and filling in the mandatory data that are requested in the page that appear below. After registration, the assignment of the user name and the password will be produced automatically, according to chosen previously by the applicant.
- Starting with the purchase process and adding products to your shopping cart. It will be mandatory data and at Checkout it will ask for the shipping information. The registration system is not equipped with a system of verification of users in the process of high. So that prior to activation of the user in the system, it sends a welcome message to the email. Once successfully registered, the user can enter with your username and password to the control panel of your profile so you can manage all those functions that the provider of the page has made available, as for example the section of data of the account, Order History, Invoices, payment, Addresses, Personal Information, Coupons, and the possibility of exercising the rights.
14.2.- Purchase process
The purchase process is easy and simple:
- Registration of the client.
- Enter the personal data required for registration.
- Shipping information/delivery
- Billing address
- Selection of transport desired.
- Method of Payment
- Order review and payment
- Confirmation or rejection of the payment
*NOTE: THE OBLIGATION TO PAY WHEN PLACING THE ORDER.
Provisions to consider in the purchase process.
15.- Availability of the product
The purchase of the products has stock, however if you purchase a product without stock we will contact you to offer an alternative, in case you do not agree, we will proceed immediately to a full refund of the order. In case of delay of the shipment will notify you in advance via telephone or via e-mail.
16.- Types of products
The web page has a wide variety of the best brands and at very competitive prices of all computer-related, electronic, distributed in categories for easy search.
17.- Maximum amount of order
There is No maximum order.
18.- Such as extend or Cancel my order
To extend an order, you can always do so provided that you have not completed the purchase, and what you can do by pressing the button “Continue shopping”.
To cancel an order after you make a purchase, it may cancel with the right to a full refund provided the following conditions are met:
- The order has not left our warehouse or is in transit to the address indicated.
For orders that have already exited the facility NAME CUSTOMER, will be notified to the courier company and in this case, the amount to be refunded to the client would be full except for the shipping costs.
To request the cancellation of your order, you must send an e-mail to the address email@example.com
You can also cancel the order from the user's profile in WWW.THEPHONES.NET through the contact form on the website indicating that you want to cancel the order, provided that they meet the conditions set out above. We will proceed to refund the money on the same credit/debit card with which you made the purchase, in the period of 15-30 natural.
19.- Expenses and forms of shipment and delivery time
The shipping costs will be made by the transport company of the supplier and will address the following rates in the following table:
The following table shows the types of submissions that exist in our web. You can also see the dates of delivery estimated in the product or in the process of purchase.
|Type of Shipping||Estimated Delivery|
|Phones||Accessories||Areas of Deliveries|
|Standard Shipping||25-30||Free||Free||Europe and America|
|Premium Shipping||8-15||29€||14.90€||Europe and America
20.- The term of delivery
Between the making of the order and the date of first attempted delivery by the transport company at the address indicated on the order, corresponds to the sum of these 2 factors:
1. The term of preparation of the submission = validation and verification of their data and payment + preparation of your order + collection by the transport company.
2. The period of transportation and delivery of your order are shown in business days. In case you do not receive a package in the indicated period, we will undertake an investigation with the carrier that could last several days (the time is approximately fourteen (14) days). During this period, you can not make any forwarding or refund the order.
We advise you receive your package check that everything is ok with your order and that the packaging of the package is in perfect condition, after a firm booking, and indicate in the delivery note of the carrier, if found any abnormality when you receive it. When you open your package, if you find that the items delivered are not in conformity with your order or are damaged, please contact our Customer Service, see its caption.
The products delivered by the suppliers do not facilitate the process of installation and operation of the products.
Where can I consult my invoice? The invoice can be viewed and downloaded in the user's control panel. For such discharge, the user must go to “My Account”, “order History”, after you locate the order desired, the user can download the invoice.
22.- Value added tax
Any purchase made through the website will be exempt of VAT (Value Added Tax).
23.- Methods or Modes of payment
In general, the User can choose the form of payment:
A) By credit/debit card, to which will facilitate, among others:
(i) Name and surname;
(ii) a card Number;
(iv) Date of expiry of the card;
Once you have validated all the information about your purchase (items, modes of delivery, delivery address and billing) you will see a choice to choose which mode of payment you wish to use and enter your data.
In the case that the payment platform will inform of the refusal of the card, will automatically cancel the order, reporting online and in the moment, to the client of the cancellation as mentioned above.
(B) Payin7 (purchase Financing only available in Spain)
Has a cost based on the months you finance your purchase. In the tab of each product, as well as in the checkout you will be able to know at all times the final amount of the purchase.
IS NOT SUPPORTED AGAINST REFUND
Your card details are not saved in our database, because when you filled in will be at the secure website of the bank chosen.
24.- General provisions about the Payment Process
- The payment order given by the User implies necessarily the adhesion to these General Conditions, as well as the particular conditions of the order.
- For any form of payment chosen by the User, all payments will be subject to the terms and conditions applicable to the User by the financial institutions involved, or by the payment platforms in a secure way (for example: Visa, MasterCard, etc).
- Once successful payment, the User will receive two emails, one confirming the payment is successful and the other containing the purchase information, detailing the entire purchase order stating the essential conditions of the operation:
-Contracted services, and a description of the provision of the same.
-Products sent to the address specified by the User
The confirmation email will contain the invoice of the product with which the User may, on receipt of the order, request the guarantee to the applicable merchant.
In any case, through the web site, the User will always have access to the information of your orders and their corresponding invoices for purchases acquired.
If there is any error, a message will appear indicating that it could not process the purchase and will not send the email.
The service Provider reserves the right to cancel payments or orders in the case of the existence of indications of fraudulent transactions, getting the attention of the competent authorities of the behaviors that are amenable to investigation for the prevention of fraud.
25.- Returns of defective products, damaged or incorrect, or exercising the right of Withdrawal
Once you have received your order, you can cancel your purchase, provided the product has not been worn, has original packaging and manuals as well as all your original accessories or promotional gifts, if any, within 14 calendar days after receipt of your order.
We remind you that, when you make use of your right of withdrawal, we will refund the money paid for the product/s purchased/s and will include the amount of the purchase and, if they existed, the costs of delivery at the least expensive type of standard delivery.
Non-returnable items, exercising the right of withdrawal, that do not have their original packaging intact and without unsealing, as well as any type of custom product for the client. In this sense, does not accept the return of all those products that present some kind of manipulation of the protective film from the box or wrapper, in the opposite case, the value of the item will suffer a depreciation of the same.
In the case of products that require the opening and use to be able to know if they work properly, The service Provider will require to accept your return as the product is returned, is in perfect condition and also having all their items, packaging, and wrappers.
And in addition you must ensure that:
a) has Not been used improperly or negligent, has not been handled in an inappropriate or imprudent, and has not been subjected to conditions that are abnormal or harmful.
(b) has Not been involved in any accident or been damaged to attempt to repair it or modify it.
(c) has Not been used in a manner contrary to what is established by the manufacturer in the instructions of the Product.
d) has Not been impaired by natural wear and tear after its receipt.
In the event that the product does not comply with any of the above requirements, we decide, in our sole discretion, not to repair or replace the product or rembolsarte the amount paid and/or we may require you to reintegres the entire cost of transport and review, arising out of, according to the standard rates of today. To carry out such a refund, we may charge the costs referred to in the account from your credit card or debit card or use the payment details provided when placing the Order.
In case of defective product, the service Provider shall, as appropriate, repair, replacement, price reduction or resolution of contract negotiations that will be free to the consumer and user.
In the event that the product or its packaging is damaged or is not in the original terms of shipment, the value of the item will suffer a depreciation of the same.
This provision does not affect the rights granted to the consumer by the legislation in force.
In cases where You consider that at the time of delivery the product does not conform to what is stipulated in the Contract is a product damaged during shipping, or incorrect, you should contact us immediately via our contact form, providing the information of the product as well as the damage suffered, or by contacting us by e-mail to the address SUPPORT@THEPHONES.NET.
We will examine the returned product carefully and notify you by e-mail within a reasonable period of time if appropriate for the return or replacement of the same (in your case). The return or replacement of the article shall take place as soon as possible and, in any case, within 14 calendar days following the date on which we send you an email confirming that comes the return or replacement of the item in question.
The amounts paid for products that are returned because of any tare or defect tested, you will be refunded in full, including delivery charges incurred to deliver the article. The return will be made on the same means of payment used to pay for the purchase.
Excepted the rights recognized by the legislation in force.
Do not accept the exchange of one article for another, in this case, you must proceed to its return, and the implementation of a new purchase.
The return of a product purchased on the website, may be made by the following pathway:
1. Through a request for pick-up at your home which you can do by sending an e-mail requesting the return with your contact details and order number or by contacting with our customer service through the data provided in Section 26.
In case that you have received an order wrong, send us an e-mail to the address SUPPORT@THEPHONES.NET. We will be happy to assist you to remedy the error.
26.- Exceptions to the right of withdrawal
The right of withdrawal does not apply to the delivery of:
Products that you can see altered its nature.
27.- Customer care: Assistance, Suggestions and Complaints
At any time, it can put you in touch with our Customer Service to ask for help, make complaints or suggestions by writing to firstname.lastname@example.org our opening hours will be Monday to Friday from 8:30 to 17:00 hours.
Do not be handled over the phone.
28.- Warranty of the products
All of the items offered on our website they have the official guarantee of the manufacturer in the legally established terms, during a period of 2 years from the date of delivery.
This warranty period of 2 years, from delivery of the product.
Some accessories that come with different warranty periods, due to the nature of the product design, manufacture, or intended use. The batteries have a warranty of 6 months. The limited warranty only covers product defects caused by the workmanship or construction materials. To file a claim, present your proof of purchase (invoice) original, model and serial number of the product, as well as photographic evidence that the product was defective on arrival.
Any service of repair and replacement covered by this warranty, together with the cost of shipping, will be free for two years. If the phone is not covered by the warranty, it is the customer who must assume the cost of transportation by a value of 10€, which amount will be paid before you send the terminal back to the customer.
Please note that we only offer after-sales service in the areas where we ship (this includes repairs and/or replacements/refunds)
Although, in the warranty, it does not include:
1. Defects or damage caused by accident, neglect, misuse or abnormal use; abnormal conditions or improper storage; exposure to liquid, moisture, sand, or earth; physical, electrical or electromechanical unusual.
2. Scratches, gouges and cosmetic damage, unless caused at the source factory.
3. Defects or damage resulting from excessive force or use of metallic objects on the touch screen.
4. The devices on which the serial number or IMEI number has been removed, defaced, damaged, altered or made illegible.
5. Deterioration due to ordinary use.
6. Defects or damages resulting from the use of the product in conjunction with accessories, products or ancillary equipment/peripheral that has not been supplied or approved by the manufacturer.
7. Any physical defect or damage resulting from testing, operations, maintenance, installation, service, or adjustments inappropriate not supplied or approved by the manufacturer.
8. Defects or damage resulting from external causes such as collision with another object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source.
9. Defects or damages resulting from the receipt or transmission of the mobile signal, or viruses or other software problems introduced into the product.
10. Products not purchased through THEPHONESS.
11. Repair performed by the technical service does not official THEPHONESS.
The service provider reserves the right to request an official technical service of the mark, a verification of the source of the problem. In case of being a defect caused by causes beyond its origin, the repair will be billable. In those cases which justify the application of collateral are eligible for repair or replacement of the article, rebate or refund, in the terms legally established.
THEPHONESS you can use parts and components that are rebuilt, reconditioned or new when you repair any product. Alternatively we can completely replace the defective product with a remanufactured product, refurbished or new.
So that you can make effective the guarantee, contact the customer service through the contact form or by e-mail, where you will be informed of the process to be followed.
29.- Rights of the Lender
● To preserve, modify or suspend its website without prior notice.
● Change the price of bids.
● Reject orders for lack of stock or default of the customer.
● Refuse access to software tools to clients in case of breach of these conditions.
● Receive the amount of customer purchases accepted the transaction.
● To reserve the domain and retain full ownership of the article until the full payment by the customer.
● Not to reproduce, sell or dispose of the information published by The Provider in all its contents without express permission of the company itself.
● Proceed to correct or amend errors human or computer.
30.- Limitation of liability
All the information provided by the User to the service Provider and through the appropriate forms must be truthful. It is the responsibility of the User to maintain the data provided, to the Lender, duly updated. In any case, the Provider disclaims any liability for losses or damages incurred as a result of having provided false information, insufficient, inaccurate, or incorrect.
The access to the website entails no obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and updating of the information provided by the User through the appropriate forms.
The service Provider shall not be responsible in those cases in which they are applicable to parents, guardians or legal representatives of underage Users or disabled, to authorize the access, providing the personal information or the use of the web site or the contracting of any products or services provided through the applications or web platform. It will be the responsibility of the above mentioned parents, guardians or legal representatives to monitor the access to and use of the minor or incapacitated to the contracting of the products and services provided through WWW.THEPHONES.NET.
The access of the Users to the Content does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have a harmful effect on the User's computer. In any case, it will be up to the User to have the tools needed to detect such viruses or computer elements of character harmful. Accordingly, The service provider shall not be responsible for any damage caused to the computer equipment of Users or of third parties during the access to the Contents.
The Provider is not liable for interruptions that occur in electrical or telecommunications that prevent users from using the services offered.
31.- Applicable law and Jurisdiction
These conditions are governed by and construed in accordance with Spanish legislation in matters not expressly stated. The provider and the user agree to submit any dispute that may arise in the provision of products or services subject to these conditions, to the Courts and Tribunals of the domicile of the user.
In the event that the user reside outside of Spain, the provider and the user, expressly waive any other forum, submit to the Courts and Tribunals of the domicile of the OWNER OF THE WEBSITE.
32.- Platform of online dispute resolution for consumers and merchants
The European Commission has launched a platform to help consumers and traders to resolve disputes relating to purchases made on the Internet.