Online terms and conditions
Welcome to Carphone Warehouse website terms and conditions for use. These terms and conditions apply to your use of the website and by accessing this website, you agree to be bound by the terms and conditions set out below. Before you place an order, if you have any questions relating to these terms and conditions please contact our customer service representatives by emailing CustomerCareIE-CPW-IE@cpwplc.com
, or call us on 1850 424 800 between 9am-6pm.
Carphone Warehouse gives no authority (whether implied or express) to deep link to or frame any of the content which appears on our website or to use a representation of the company's trademarks as a link button without the express agreement of Carphone Warehouse.
Click here for terms and conditions on our special offers and plans
Click here for terms and conditions on shipping
This site complies with appropriate Irish legislation and it is to be used only by persons who access it from/within Ireland and the services on this site are only available to Irish residents.
- 'Conditions' means these terms and conditions and the 'special conditions';
- 'Goods' means goods displayed for sale on the website;
- 'Online sales' means sales of goods and services conducted through the website;
- 'Personal information' means the details provided by you on registration;
- 'Product description' means that part of the Website where certain terms and conditions in respect of the individual good or service are provided;
- 'Services' means services displayed for sale on the website;
- 'Special conditions' means the terms and conditions in the product description referred to in Clause 8.1;
- 'Users' means the users of the website collectively;
- 'User Information' means the details provided by you on any application to buy goods or services from us via the website;
- 'Us/our/we/Carphone Warehouse' means Carphone Warehouse Ltd., a company registered in Ireland under the registered company number: 237397 with registered office located at 39/40 Upper Mount Street, Dublin 2;
- 'Website' means the website located at www.carphonewarehouse.ie or any subsequent URL which may replace it; and
- 'You/your' means a user of the website.
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by email.
Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, we strongly advise that you take this into consideration before you send us any information by email. By proceeding, you agree that you will send us information by email at your own risk. Messages sent by email may not be secure and may be intercepted by third parties. If you disregard this warning and choose to send us confidential information, You agree that you do so at your own risk and that you will not hold us responsible for any loss that you suffer as a result.
The email address you provide to us is where we will send our response. If you have chosen to discuss your personal account details via email we will try to respond to you in this way. We cannot guarantee the security of your personal information by this communications medium.
A. Use of the website
We will provide you with access to the website and sell you goods and services in accordance with these conditions.
2. Your obligations
2.1 agree not to use the website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.2 agree not to upload or transmit through the website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.3 will not upload or transmit through the website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.4 will not use the website in a way that may cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired;
2.5 will not use the website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.6 will not attempt any unauthorised access to any part or component of the website; and,
2.7 agree that in the event that you have any right, claim or action against any other user arising out of that user's use of the website, then you will pursue such right, claim or action independently of, and without recourse to us;
2.8 the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
2.9 will notify us immediately of any changes to the personal information by contacting our customer service representatives by email, or calling us free on 1850 424 800 between 9am-6pm; and
2.10 will not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your internet account and/or your personal information.
4. Our rights
4.1. We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
4.1.2 change these conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
4.2 We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website.
4.3 We reserve the right to withdraw any goods or services from the website at any time and/or remove, screen or edit any materials or content on the website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our doing any of the following: withdrawing any good or services from the website whether or not those goods or services have been sold; removing, screening or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. This does not effect your statutory rights.
5. Third party links
In an attempt to provide increased value to our users, We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the website). We may also investigate, in our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the user using such card or cancelling orders placed by such user.
B. PURCHASE OF GOODS/SERVICES
7. Contract creation and electronic contracting
7.1 The technical steps required to create the contract between you and us are as follows:
7.1.1 You place the order for your products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
7.1.2 We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from us.
7.1.3 As your product is shipped from our warehouse we will send you a despatch confirmation email.
7.1.4 Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in these conditions.
7.2 Non-acceptance of an order may be a result of one of the following:
7.2.1 The product you ordered being unavailable from stock.
7.2.2 Our inability to obtain authorisation for your payment.
7.2.3 The identification of a pricing or product description error.
7.3 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
8.1 All orders are subject to acceptance and availability. If the good you have ordered is not available from stock you will be contacted by email or phone (if you have given us details) and you will have the option either to wait until the item is available from stock or to cancel your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, we reserve the right to change prices without prior notice to you.
8.2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
8.3 You warrant that the user information which you are required to provide when you make an offer to buy goods or services via the website is true, accurate, current and complete in all respects.
8.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
8.5 Please note that we may not be able to port/transfer telephone numbers to goods purchased online. If you wish to keep your current telephone number, please contact 1850 424800 and speak to a member of our team before confirming your online purchase.
9. Offers to purchase and description of goods/services
9.1 Each good or service purchased is sold subject to its product description which sets out additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
9.2 Any order made by you will be treated as an offer to purchase goods or services from us. The contract between you and us will only be completed when we despatch the good to you or commence the provision of the services, as the case may be, or when we debit your credit or debit card, whichever is the earlier. The sale contract is therefore completed in Dublin, Ireland. We reserve the right to reject an offer to purchase made by you at any time.
9.3 You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website.
10. Refusal of transaction
10.1 We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
10.2 To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under Irish law you must:
10.2.1 Register by providing your real name, phone number, e-mail address, payment details and other requested information.
10.2.2 Be over 18 years of age.
10.2.3 Stipulate a delivery address in Ireland. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
10.2.4 Possess a valid credit or debit card issued by a bank acceptable to us.
10.3 By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
11. Right of cancellation
11.1 If you are a private consumer you may cancel any purchase at any time within fourteen working days from the day after completing your order for the services (in respect of services) or fourteen working days from the day after receipt of the goods (in respect of goods) without incurring any obligation or liability to us, however, you may not cancel any services once we have started to provide them with your agreement. In the event of any such cancellation you must return the goods (including any accessories which were included in the price of the goods) with proof of purchase to your local Carphone Warehouse store. Please note that if you do not return all accessories that were included with the goods, we shall be entitled to charge you for the cost of the missing items. If you do not return the goods to us in accordance with this agreement, you must make the goods available for collection and we may charge you the costs we incur in collecting it. You may examine the goods, but must take reasonable care of it until returned or collected (we consider this to be undamaged and with its original packaging). We can also have the goods examined by a third party.
11.2 If, after notifying us of your intention to cancel your contract within fourteen days and you have failed to return your goods to your local Carphone Warehouse store or you fail to make them available for collection as requested, you hereby irrevocably agree to pay Carphone Warehouse the retail price of the goods and you authorise us to take this amount from your credit or debit card or through such other means as we may require.
11.3 If you cancel your contract you must:
11.3.1 either notify us in writing by email or by phone on 1850 424 800;
11.3.2 retain possession of the goods;
11.3.3 take reasonable care of the goods until we collect the goods, or deliver the goods to us; and
11.3.4 ensure that the goods are returned, or made available for collection, (as the case may be) in the same condition as it was when they were delivered to, or collected by, you (as the case may be).
11.4 If you cancel your contract, we will refund the monies you have paid to us within 30 days of you giving notice under the relevant contract.
11.5 To exercise the right to cancel, you must inform us of your decision to cancel within the cancellation period. You can use the Suggested Cancellation Request below or you may contact us on 1850 424 800 or by email to CustomercareIEemail@example.com.
|SUGGESTED CANCELLATION REQUEST
To: Carphone Warehouse, Third Floor Office Suite, Omni Park Shopping Centre, Santry, Dublin 9.
I [Name] hereby give notice that I wish to cancel my contract of sale for the following goods [details] and for the provision of the following service [detail]
This was order on [date] and received on [date]
Address details: name, address and signature/date if notifying in writing
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We will carry out such 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 such reimbursement. We may withhold reimbursement until we have received any goods back or you supply evidence of having sent the goods back.
12. Your personal data
Please click here to read our cookies policy.
Please click here to read our direct marketing charter.
13.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your good or provision of the service to you.
13.2 You confirm that the credit/debit card that is being used is yours.
13.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
14. Eligibility to purchase
14.1 The purchase of goods or services is limited to parties that lawfully can enter into and form contracts on the website under Irish law and who are resident or incorporated in Ireland. This means that if you are an individual, you must be 18 years or older to purchase any goods or services via the website and by offering to purchase any goods or services you represent to us that you are 18 years of age or older. To register, you must provide your real name, phone number, email address, credit card details and other requested information.
14.2 The website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any goods or services which they purchase.
14.3 By making an offer to buy any goods or services, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
15. Intellectual property and right to use
15.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
15.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
16.1 You may send us notices under or in connection with these conditions:
16.1.1 by post to Group Legal Department, Carphone Warehouse, 39/40 Upper Mount Street, Dublin 2.
16.1.2 by fax to Group Legal Department on 1850 424 800
16.1. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us which should be retained by you.
17. Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
18. Limitation of liability
18.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
18.2 The website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
18.3 We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
18.4 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the goods and services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
18.5 Notwithstanding any other provision in the conditions, nothing herein shall limit your rights as a consumer under Irish law.
18.6 The information provided to you in connection with the goods and services is provided by the suppliers of such goods and services and you acknowledge that we do not verify the accuracy of such information. The fact that information, products or services are shown on this site does not necessarily mean that:
18.6.1 you should rely on the information (whether provided by us or third parties);
18.6.2 we endorse the information, products or services provided by third parties; or
18.6.3 the product and services that we provide are suitable for you. It is your responsibility to check this out. Some of the services on this site may not be available or may have changed.
18.7 We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to.
18.8 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website and any information provided to or taken from the website by you.
18.9 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these conditions for:
18.9.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
18.9.2 any loss of goodwill or reputation; or
18.9.3 any loss which was not brought to our attention at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by us; or
18.10 in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these conditions.
18.11 Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
18.12 We are not in any way responsible for anything mentioned on or linked to this site that someone else is marketing.
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of these conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
22. Entire agreement
These conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and us in relation to such matters. You confirm that you have read these conditions and, you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.
23.1. The conditions shall be governed by and construed in accordance with the laws of Ireland and you irrevocably submit to the exclusive jurisdiction
of the courts of Ireland.
24. Handling complaints
24.1 There may well be occasions when you are unhappy with the service that we provided to you. In these cases, we will endeavour to be fair and efficient in handling any complaint you should have and to process your complaint confidentially.
24.2 If you have a complaint, please e-mail Customer Care at firstname.lastname@example.org, or call on 1850 424 800.
24.3 We will endeavour to give you an answer within five working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint. We undertake to check our system regularly for handling complaints and we welcome any suggestion you may have in relation to how this system may be improved
25. Offers and competitions
25.1 Offers are only valid while stocks last.
25.2 Offers will be limited to the extent of the voucher/offer communicated.
25.3 Only one offer is valid per purchase.
25.4 Full network terms and conditions apply to all offers.
26. Store trade ins
26.1 Trade ins on handsets accepted in-store only.
26.2 Handset must have been on sale in the Irish market within the last 24 months.
26.3 The only handset types accepted are BlackBerry, Nokia, Sony Ericsson, LG, Sagem, Apple, Samsung and HTC.
26.4 To get full value on your trade in the handset must turn on and be in working order in-store, otherwise the trade in value is €5.
26.5 Trade in value depends on the handset. For a full list of trade in values see Carphone Warehouse Buyer's Guide.
27. Smartphone/internet data plans terms and conditions
27.1 Smartphones and other devices may require a network data plan to avail of all their available features. Should you purchase a smartphone or other device that uses internet data from us, Carphone Warehouse highly recommends that a data plan is also purchased through your network.
28. Direct marketing
Please click here to read our direct marketing charter.
30. In store availability
30.1 In store availability checker provides an indication as to stock availability but does not guarantee availability of handset, please check with store for actual availability of required handset. Customers must still adhere to meeting Carphone Warehouse and network terms and conditions. Please see www.carphonewarehouse.ie and relevant network website for further details.
31. Click and collect
The Click and Collect service may not be available on all products available online.
The Click and Collect service is not applicable to online exclusive offers, online exclusive pricing or certain clearance product lines.
Due to demand on stock, an item can only be held for up to 24 hours following the dispatch of confirmation from the store.
Do not attempt to collect your Click and Collect item until you have received your confirmation email.
Payment for Click and Collect items can only be made at the point of collection. You may be asked for identification to verify your order.
Pricing subject to change: While every effort is made to ensure accurate pricing, from time to time errors can occur. We will make every effort to honour all Click and Collect orders, however, orders placed on items that are incorrectly priced online cannot be fulfilled. We apologise for any inconvenience caused.