- Welcome to Swycha’s terms and conditions. These are the terms and conditions on which we supply products to you. We are a retailer specialising in selling refurbished smartphones and mobile accessories to individuals at competitive prices. We also provide our Swycha Warranty to ensure that you are happy with your purchase.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you (or we) may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms and conditions, please contact us using the contact details set out below at clause 2.
- Our other terms and policies also apply to you. We have listed these below:
- Who we are. We are Swycha Ltd a company registered in Jersey. Our company registration number is 133782 and our registered office is at 2nd Floor the Le Gallais Building 54 Bath Street St Helier Jersey JE1 1FW.
- How to contact us. You can contact us by telephoning our customer service team on +44 (0) 1534 520250 or by emailing us at firstname.lastname@example.org
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
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.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources, because we have identified an error in the price or description of the product.
- 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.
We only sell to the UK. Our website is solely for the promotion of our products in the UK.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the delivery date or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (please see clause 8 for more details).
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. Orders placed before 2pm Monday to Friday will be dispatched on the same day and delivered to your address within 2 working days. Orders placed after 2pm will be dispatched the following morning with 2 days lead time for delivery. Any order placed on our website over the weekend will be processed on a Monday morning.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (such as delays caused by Covid-19) 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.
- 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, our delivery provider will leave you a note informing you of how to re-arrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 2 will apply.
- 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.
- When you own goods. You own a product once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your contact details and delivery address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 8 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We only provide our products to consumers. We only intend to provide our products to consumers (that means individuals that are wholly or mainly using our products for personal use (not for use in connection with their trade, business, profession or any commercial purpose)). If you are a business customer interested in purchasing our products for commercial use, please contact us.
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired, replaced, get some or all of your money back or have a service re-performed), see clause 12;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 2.1 to 8.2.2 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products, or notify you we are going to suspend them, in each case for a period of more than 8 weeks; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- products that have been personalised for you;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? You have 14 days after the day you receive the goods to change your mind about your order. If your goods are split into several deliveries over different days, you will have 14 days after the day you receive the last delivery to change your mind about the goods.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +44 (0) 1534 520250 or emailing us at email@example.com. Please provide your name, address, details of the order and, where available, your phone number and email address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Swycha c/o I-Fulfilment, The Runway, Christchurch, BH23 4FL. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described at clause 5.
- 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 (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within a few days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made 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. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality, we take all reasonable care to make sure your products meet these requirements. We also provide the Swycha Warranty on eligible products which gives you extra protection against certain defects. The Swycha Warranty starts from the date you purchase a product and continues for a period of 12 months.
- Please see our Swycha Warranty Terms and Conditions which provides more information about the Swycha Warranty, what types of defects we cover and do not cover and the return procedure if you’re sending your products back under the Swycha Warranty.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- you do not, within a reasonable time, allow us to deliver the products to you;
- the terms of clause 3 apply; or
- you break any provisions set out in these terms and conditions.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will do our best to provide you with reasonable notice in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0) 1534 520250 or email us at firstname.lastname@example.org.
- 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.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please contact us to request a return label.
Price and payment
- 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. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- 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.
- When you must pay and how you must pay. Our website provides a list of payment methods that we accept. We will take payment in full upon dispatching the products to you, full payment is required before we can send the products to you.
What to do if you think a price is wrong. If you think a price you have paid is wrong please contact us as soon as possible to let us know and we will look into this for you.
Our responsibility for loss or damage suffered by you
- 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.
- 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; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use unless we agree otherwise with you. 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.
How we may use your personal information
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 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.
- 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.
- 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- 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.
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