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Terms Of Use And Sale

This page (together with our Privacy Policy (http://www.kazam.mobi/privacy) and Cookies Policy (http://www.kazam.mobi/cookies-policy) and any other documents referred to on it) tells you:

  • information about us;
  • the terms of use (the "Terms of Use") on which you may make use of our website at http://www.kazam.mobi/ (the “Site”); and
  • the legal terms and conditions on which we sell any of the products (the “Products”) listed on our Site to you (the “Terms of Sale”).

Please read the Terms of Use and Terms of Sale (together, the “Terms”) carefully before you start to use our Website or purchase any Product. You should keep a copy of these Terms for future reference. Click here to print or download. We will file a copy of any orders for Products (“Orders”) made by you.

By using our Site, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using our Site.

The Terms of Sale will apply to any contract between us for the sale of Products to you (a “Contract”). Before placing an Order you will be asked to agree to the Terms of Sale. If you refuse to accept them, you will not be able to order any Products from our Site.

1. GENERAL INFORMATION ABOUT US

The Site is operated by Kazam Online Limited, a company registered in England under company number 06206967. Our registered address is Jubilee House, Townsend Lane, London NW9 8TZ. Our main trading address is 104A Park Street, London W1K 6NG.

If you have any questions, complaints or comments about our Site or our Products, then please contact us:

Our VAT number is GB165366589.

References to "we", "us", "our" and "Kazam" in these Terms are references to Kazam Online Limited.

2. TERMS OF USE

ON INFORMATION POSTED & DISCLAIMER

The materials contained on our Site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice or any other form of advice and shall not be relied upon as such.

We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on our Site and, to the fullest extent permitted by applicable law, we exclude all liability for loss or damages (whether direct or indirect) arising from use of our Site.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your use of our Site means that you accept, and agree to abide by, all the policies contained in our Acceptable Use Policy.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy. You confirm that any such contribution does comply with those standards, and you will be responsible for any loss or damage that we suffer as a result of that confirmation being incorrect.

Any content that you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but, when you upload or post content to our Site, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence, for the duration of the protection of any copyright in that content, to use, reproduce, distribute, modify and display that content in any media and in connection with (or in order to promote) our Site or the services that we provide. You also grant a licence to other users of the Site to use your content for their purposes.

To the extent permitted by applicable law, we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site. We have the right to remove any posting you make on our Site if we become aware of your post and, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our Site do not represent our views or values.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using our Support Page at Support Page.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

OUR LIABILITY

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,

provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Nothing in these Terms of Use affects your statutory rights.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKS TO AND FROM OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our Site other than that set out above, please contact customer.service@kazam.mobi.

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our Site we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

JURISDICTION AND APPLICABLE LAW

These Terms of Use are governed by and construed in accordance with English law. You and we agree to submit to the non-exclusive jurisdiction of the English courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms of Use in England or in the EU country where you live.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact us.

3. TERMS OF SALE

These Terms of Sale will apply to any Contract that you enter into with us for the sale of Products. Before placing an Order you will be asked to agree to the Terms of Sale. If you refuse to accept them, you will not be able to order any Products from our Site.

We amend these Terms of Sale from time to time as set out below (under the sub-heading entitled “Changes to terms” in the section entitled “General”). Each time you wish to order any Products, please check these Terms of Sale carefully to ensure you understand the terms that will apply at that time. These Terms of Sale were most recently updated on 26 November 2014.

These Terms, and any Contract between us and you, are only in the English and French languages.

PRODUCTS

The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

The packaging of the Products may vary from that shown on our Site.

You may only purchase Products from our Site if you are at least 18 years old.

We only supply the Products for domestic and private use. You agree not to use any Products for any commercial, business or resale purposes.

ORDERING PRODUCTS AND FORMING A CONTRACT

Our shopping pages will guide you through the steps you need to take to place an Order with us. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your order at each page of the Order process.

Your Order constitutes an offer to us to buy the Product that you have selected. All Orders are subject to availability of the relevant Product and to acceptance by us. We will send you an email acknowledging receipt of your Order. Please note that this does not mean that your Order has been accepted by us. The Contract for purchase of the Product is formed when we send you an email confirming your Order has been accepted.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by email and we will not process your Order.

PRICES AND PAYMENT

The price of a Product will be as stated on this Site at the time you place your Order, except in the case of obvious error. We try and ensure that all prices on our Site are accurate but errors may occur. If we discover an error in the price of a Product that you have ordered before a Contract between us is formed in accordance with the preceding paragraph of these Terms of Sale, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If you cancel, no payment will be taken from your card.

Prices shown are inclusive of any applicable Value Added Tax.

Prices include the cost of delivery.

We accept payment by the following methods: Visa, Visa Debit, MasterCard and PayPal.

Payment will be debited from your account when an order is placed.

You confirm that the credit/debit card or PayPal account that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your Order, we will not be responsible for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.

DELIVERY AND OWNERSHIP

We accept Orders for delivery to your country of residence only.

Products will be dispatched by courier. Products will only be dispatched to a delivery address which matches the cardholder’s registered billing address.

We will endeavour to fulfil your Order by the estimated delivery date set out in the dispatch confirmation email. The delivery date is normally within one to three working days from when your Order has been dispatched, and the maximum delivery period for any area for dispatched items is seven days. If we are unable to fulfil your Order within that time, we will email to let you know and to give you a revised estimated delivery date. In these circumstances you have the right to cancel the Order and receive a full refund if: (a) we have refused to deliver the Product; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your Order that delivery within the delivery deadline was essential. If you do not wish to (or are not entitled to) cancel your Order straight away, then you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

As soon as the Product is delivered to you (or a person identified by you to take delivery of the Product on your behalf), you are responsible for it. You own the Product once we have received payment for it in full, including all applicable delivery charges.

We want you to be happy with your purchase from us. If you are unhappy with the Product in any way please contact our Customer Service Team using our Support Page at http://www.kazam.mobi/support as soon as possible.

CANCELLATION, RETURNS AND REFUNDS

You have certain legal rights in relation to any Products that you purchase. These include:

  • that any Products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on our Site;
  • certain remedies if a Product is defective; and
  • a right to cancel any Contract without giving any reason within 14 days, beginning the day after the day on which you receive the Product, and to receive a full refund, even if the Product is not defective. This right is subject to certain conditions and exceptions (see "Return of non-faulty goods" below).

Nothing in these Terms of Sale is intended to affect these legal rights.

Return of non-faulty goods

We hope you will be happy with your purchase of a Product from us. However, you have the right to cancel the Contract within 14 days without giving any reason, as long as:

  • you inform us that you are cancelling the Contract no later than the 14th day after the day on which you received your Product;
  • you have taken reasonable care of the Product prior to return - in particular this means that it must not have been damaged or used excessively and that it is returned with all accessories and manuals that were supplied with it;
  • you will be responsible for the cost of returning the Product to us, unless it is faulty, incorrect or misdescribed; and
  • you return the Product in suitable packaging to ensure it reaches us in good condition. We suggest that you use a postal service that insures you for the value of the item you are returning and that you obtain proof of postage.

See below for more details about your right to cancel.

Please note that any Contract for the purchase of a Product is separate from any contract for telecommunications or data services that you enter into with a mobile network operator. If you exercise your right to cancel a Contract, then the ongoing performance of your contract with the relevant mobile network operator remains your sole responsibility.

The cancellation period

Where you have ordered a single Product, your cancellation period will expire after 14 days from the day on which you (or a person indicated by you to take delivery, other than the carrier) takes delivery of the Product.

Where you have ordered multiple Products, or a Product that consists of multiple pieces, then your cancellation period is as follows:

  • if you have ordered multiple Products in one Order and the Products are delivered separately, your cancellation period will expire after 14 days from the day on which you (or a person indicated by you to take delivery, other than the carrier) takes delivery of the last Product; or
  • if you have ordered a Product that consists of multiple pieces (e.g. a mobile telephone and accessories), your cancellation period will expire after 14 days from the day on which you (or a person indicated by you to take delivery, other than the carrier) takes delivery of the last piece.

To exercise your right to cancel, you simply need to make a clear statement informing us of your decision to cancel. It will help us to process your refund more quickly if you use our online returns form by clicking here. If you use this option, we will send you an acknowledgement of receipt of your cancellation by email without delay.

You can contact us:

If you cancel by post, please include a copy of your proof of purchase to help us identify it.

Alternatively, you can inform us of your decision to cancel using the model cancellation form set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), but it is not obligatory to do so. See Schedule 2 for an example of this model cancellation form.

You can also electronically fill in and submit the model cancellation form on our website at http://www.kazam.mobi/contact-us/. If you use this option, we will send you an acknowledgement of receipt of your cancellation by email without delay.

To meet the cancellation deadline, you need to send your communication telling us that you wish to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel a Contract, we will reimburse to you all payments that we have received from you. This includes the costs of delivery, except for any additional costs where you chose a form of delivery that was not the least expensive type of standard delivery offered by us.

We may make a deduction from the reimbursement for the loss in value of any Products that we supplied if the loss is the result of unnecessary handling by you (e.g. handling that is beyond the sort of handling that might reasonably be allowed in a shop). Unnecessary handling could include using a Product to make or receive a call or to send or receive an SMS or MMS message, installing or using any software, or using any of the Product’s functions.

We will make the reimbursement without undue delay and not later than:

  • 14 days after the day we receive back from you any Products supplied, or
  • if earlier, 14 days after the day you provide evidence that you have returned the Products.

We will make the 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 the reimbursement.

We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

You must send back the Products or hand them over to us without undue delay and in any event no later than 14 days from the day on which you let us know that you wish to cancel your Contract. The deadline is met if you send back the Products before the period of 14 days has expired. Our returns address is your local service centre as listed in Schedule 1.

You will be required to bear the direct cost of returning the Products (unless they are faulty or not as described).

Return of faulty goods

If a Product is faulty or does not meet the description given on our Site at the time you placed your Order, please contact us as soon as possible using the contact details set out above in order for us to arrange to collect the Product at our cost. We will repair or replace the Product and deliver it (or its replacement) back to you at our cost. This does not affect your legal rights in relation to Products that are faulty or not as described.

The Products are manufactured by Kazam Mobile Limited, a company registered in England under company number 08355939, with its registered address at Jubilee House, Townsend Lane, London NW9 8TZ. Kazam Mobile Limited offers a limited warranty for Products. You can find a copy of this warranty (including applicable terms and conditions) on the product pages of the Site. The warranty offered by Kazam Mobile Limited does not affect your legal rights.

OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

We are under a legal duty to supply Products that are in conformity with the relevant Contract. You have certain legal rights in relation to any Products that you purchase. Nothing in these Terms of Sale is intended to affect these legal rights.

We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence or that of our employees or agents;
  • fraud or fraudulent misrepresentation by us or our employees or agents;
  • any breach of the terms of any implied or statutory warranty (including, but not limited to, any warranty regarding hidden defects);
  • defective products under any statutory provision; or
  • any other loss or liability to the extent it cannot be excluded or limited under applicable law.

If we fail to comply with any of these Terms of Sale, we are responsible for any losses that you suffer which are a reasonably foreseeable consequence of our breach (but we are not responsible for any losses that are not reasonably foreseeable). Losses are foreseeable where they are an obvious consequence of our breach or they could be contemplated by you and us at the time of entering into a Contract.

As we only supply the Products for domestic and private use, we will not be liable to you for any loss of profit, loss of business, business interruption, loss of business opportunity or loss of goodwill.

We are not responsible for any failure to perform, or delay in performing, any of our obligations under a Contract where the failure is due to an Event Beyond Our Control.

"Event Beyond Our Control" means any cause beyond our reasonable control which prevents or delays us from fulfilling any of our obligations under a Contract, and includes (but is not limited to) strikes, lock-outs or other industrial action by third parties, fire, explosion, flood, storm, earthquake or other natural disaster, riot, civil disturbance, war (or threat of war), nuclear accident, terrorist activity (or threat of terrorist attack) and acts of God.

GENERAL

Changes to terms

We amend these Terms of Sale from time to time. Please look at the start of these Terms of Sale to see when they were last updated and which terms were changed.

Each time you order any Products from us, the Terms of Sale in force at the time of your Order will apply to the Contract between you and us.

We may revise these Terms of Sale as they apply to any Order you make from time to time to reflect any changes in relevant laws or regulatory requirements. If we do so, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products that you have not yet received. If you opt to cancel, you will have to return (at our cost) any relevant Products that you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

Notices

If we need to notify you of any matters under a Contract, then we will do so by email to the email address which you have given us. If you need to notify us of any matters under a Contract, please do so by using our Support Page at http://www.kazam.mobi/contact-us/.

Transfer of a Contract

We may transfer our rights or obligations or sub-contract our obligations under a Contract to another other legal entity, but this will not affect your rights or obligations under these Terms of Sale. We will notify you if this happens.

Any Contract is personal to you, and you may not transfer your rights or obligations under a Contract to anyone else.

Waiver

If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.

Severance

If any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Third party rights

These Terms of Sale are not intended to give rights to anyone except you and us. This does not affect our right to transfer any Contract as set out above.

Complaints and disputes

We will do our best to resolve any disputes over these Terms of Sale or any Contract. These Terms of Sale (and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims) are governed by and construed in accordance with English law. You and we agree to submit to the non-exclusive jurisdiction of the English courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms of Sale in England or in the EU country where you live.

Schedule 1

Local Service Centres

Country Name of service centre Address

UK

SBE UK

Beaver Industrial Estate
Unit A2, TN23 7SH
Ashford, Kent
UK

France

SBE FRANCE

Z.l de la Liane Sud, BP 439-62206, Boulogne Sur Mer, France

Croatia

MMM-Agramservis

Slavonska Avenija 22d, 100000 Zagreb, Croatia

Macedonia

Promo

Zagrebska 28b
1000 Skopje, Macedonia

Slovakia

ESC

Dvojkrížna 47, 821 07 Bratislava, Slovakia

Spain

A-NOVO

Str Isla de Alegranza
Building 13 to 16
San Sebastián de Los reyes
Madrid

Poland

CCS

Puławska 40A, 05-500 Piaseczno, Poland

Belgium

TELEREPAIR

Telerepair c/o Spring, PO Box, 44412, 2800 Mechelen

Denmark

TELECARE

Telecare Service, Randersvej 28, DK-6700 Esjber

Portugal

TAMET

Tamet Group, Rua Capela do Telheiro, No 70 -4455-054, Sao Memede do infesta, Porto, Portugal

The Netherlands

TELEREPAIR

Radex Innovation centre Postbus 6000 - 2600 JA DELFT

Germany

TELEREPAIR

c/o Spring BRT/EIN/100003038/De1 Postfach 920109 - 51151 Köln

Italy

SMART

Via Tintoretto, 12
21012 Cassano Magnago (VA)

Switzerland

SERTRONICS AG

Lindächerstrasse 1, CH-5413 Birmenstorf, Switzerland

Austria

MOBILETOUCH

Lemböckgasse 49
1230 Wien

Romania

GERMANOS

Autostrada Bucuresti - Pitesti, Km. 13
Intrarea Ciorogarla, Equest Logistic Park, G1 Facade Office

Czech Republic

VSP-DATA

Udolni 2188; 390 64 Tabor
Czech Republic

Hungary

TELEMAX

2040 Budaörs, Kinizsi utca 2/B.

Greece

PROCORDIA

Krimeas str 7-9 in Athens, Greece

Schedule 2

Model Cancellation Form

To Kazam Online Limited, c/o [insert address of your local service centre, as listed in Schedule 1]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods,

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.