Online Terms & Conditions of sale
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions under which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you make an order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Everyone TV Devices Limited a company registered in England and Wales. Our company registration number is 06250097 and our registered office is at Triptych Bankside (North Building), 185 Park Street, London SE1 9SH. Our registered VAT number is GB 916978765.
2.2 How to contact us. You can contact us via https://www.freesat.co.uk/about/contact-us and use chat or the support form, email us on firstname.lastname@example.org or by telephoning our Customer Team on 0345 313 0051. Use the support form or email at any time. Phone lines are open between 09.00 -17.00 Monday to Friday and 10.00 – 16.00 Saturday to Sunday (these may be subject to change).
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment method is not accepted by our payment services provider, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.5 We only sell to over 18s. We only accept orders from persons who are 18 years of age or older.
4. OUR PRODUCTS
4.1 Products may vary. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website. Any logo or other reference to a TV channel or on-demand service on the product page or on product packaging is an example only of what may be available at the time that the product page or packaging was created. It does not guarantee the availability of such TV channel or on-demand services content via the Freesat service for any period of time.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement software and service updates (including to make changes to channels and on demand services) and minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product and may be further described in any end user licence agreement applicable to the product.
6. PRICE AND PAYMENT
6.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
6.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
6.3 When you must pay and how you must pay. We accept payment via VISA, Mastercard and American Express, as well as PayPal. Payment for the products will be taken when we confirm your order and before we dispatch the products.
6.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within seven days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. You can contact us via https://www.freesat.co.uk/about/contact-us, and use chat or the support form, telephoning our customer service team on 0345 313 0051 or by emailing us at email@example.com
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10 will apply.
7.6 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from a delivery depot.
7.7 When you own goods. You own a product once we have received payment in full.
8. RETURNS/CANCELLING YOUR ORDER
8.1 For full details on returns and cancellations please see our Returns and Cancellations Page.
8.2 Return window for unopened products. If, for whatever reason, you change your mind and would like to return your order after delivery, we are happy to refund or exchange your product as long as it is in its original packaging and unopened. This option is available for 30 days after the date of delivery of the product.
8.3 Return window for opened products. In accordance with the Consumer Contracts Regulations, we will also accept the return of a product that you have opened, provided it is to inspect the product only. You have the right to a refund as long as you inform us of your decision to return within 14 days of the date of delivery of the product. You can examine the product as you would in a shop but to obtain a refund you must not use the product. The product must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with all accessories.
8.4 Informing us If you want to return your order, please let us know by doing one of the following:
(a) Phone Call customer services on 0345 313 0051 or
Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.5 Returning product Our customer services team will advise you on the returns process and provide you a returns label. Please ensure that the product is properly packaged and sealed in its original packaging before sending.
8.6 How we will refund you. We will refund you the price you paid for the products including the original delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
8.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the goods caused by your handling them in a way which would not be permitted in a shop, or by damage in transit where you failed to package the product appropriately.
8.8 When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
9. FAULTY PRODUCT
9.1 In the unlikely event that your product has or develops a fault, we will work to resolve the issue as efficiently as possible.
9.2 How to tell us about problems. If you believe your product is faulty, please contact us. You can telephone our customer service team on 0345 313 0051 or by writing to us at firstname.lastname@example.org or by using the chat or support form at at https://www.freesat.co.uk/about/contact-us
Use the support form or email at any time, phone lines are open between 09.00 -17.00 Monday to Friday and 10.00 – 16.00 Saturday to Sunday.
9.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9.4 Within 30 days of delivery We will offer you either an exchange or refund if you inform us of a fault with the product within 30 days of the date of delivery.
9.5 After 30 days of delivery We offer a one-year limited warranty on the hardware of our Freesat 4K range of set top boxes (recordable and non-recordable models) (“4K Boxes”); see https://www.freesat.co.uk/legal-policies. The warranty starts from the date of purchase of the 4K Box and lasts for one year. In accordance with the warranty terms, if your 4K Box develops a fault during the warranty period, we will offer you an exchange for the product. For the return of any separately purchased faulty remote control units after 30 days of delivery, please contact customer services for a replacement (or other applicable remedy) subject to and in accordance with your legal rights.
9.6 Exclusions. In all cases we reserve the right to inspect the product and verify any fault. We do not cover faults caused by accident, neglect, misuse, improper installation or normal wear and tear. We do not offer a warranty on 4K Boxes used outside of the UK or to anyone not acting as a consumer. Please see warranty for full terms and conditions, including exclusions.
9.7 Returning product Our customer services team will advise you on the returns process and provide you a returns label where appropriate. You can call customer services on 0345 313 0051 or write to us at email@example.com or by using the chat or support form at https://www.freesat.co.uk/about/contact-us. Please ensure that the product is properly packaged and sealed in its original packaging before sending.
9.8 Refund If you elect to receive a refund, we will refund you the price you paid for the products including the original delivery costs (if applicable), by the method you used for payment.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract of sale at any time by writing to you if you do not, within a reasonable time, allow us to deliver the product to you (see Clause 7.5).
10.2 You must compensate us if you break the contract. If we end the contract in the situation set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the costs we will incur as a result of your breaking the contract.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed); and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice (www.freesat.co.uk/legal-and-policies/privacy-notice).
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 Amendments to these terms. We may amend these terms from time to time and so you should review these terms prior to each order you make.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.8 Dispute resolution. We hope that all our customers have an enjoyable experience when shopping with us through our channels. However, we recognise that sometimes things can go wrong and that may mean a customer will want to complain. We will always endeavour to resolve any dispute with you if you contact our customer team as detailed in paragraph 2.2. above. We will send an acknowledgement promptly following receipt of any complaint and aim to resolve any issues within 35 working days. If you've already contacted us and you feel that we haven't resolved your complaint satisfactorily after 35 days, please email the Director of Product & Customer Experience at firstname.lastname@example.org
Version 2. 28 October 2021