Terms & Conditions

Terms and Conditions for use by Consumers purchasing Goods and Services via the website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THEM FOR FUTURE REFERENCE.

  1. Definitions
    1. “AUTOMATED TOP-UP” - a provision enabling the airtime on your phone to be automatically increased once an agreed level is reached;
    2. “GOODS” - mosim card and any other goods purchased from the Supplier;
    3. “SERVICES” - tariffable outbound international calls, internal UK calls, free calls and inbound roaming calls.
    4. “SUPPLIER” - Moorecom Limited;
    5. “You” or the “Customer” - the party purchasing the Goods or Services via this web site.
  2. Formation of the Contract
    1. No contract exists between You and the Supplier for the sale of the Goods until the Supplier has received and accepted your order and sends You confirmation by email to the email address You have given. Once the Supplier does so, there is a binding legal contract between us.
    2. No contract exists between You and the Supplier for the supply of the Services until You access the Services. Once you do so, there is a binding legal contract between us.
    3. For the avoidance of doubt, accessing the Services shall mean:
      1. If your mosim card has been provided with airtime on it, You access the Services by making a phone call;
      2. If your mosim card has not been provided with airtime on it, You access the Services by registering the card and purchasing airtime.
    4. The contract is subject to your right of cancellation (see below).
    5. The Supplier may change these terms of sale without notice to you in relation to future sales.
  3. Description and price of the Goods
    1. The description and price of the Goods You order will be as shown on the Supplier's website at the time You place your order.
    2. The Goods are subject to availability. If on receipt of your order the Goods You have ordered are not available in stock, the Supplier will inform You promptly, and refund or credit You for any sum that has been paid by You or charged to your credit/debit card for the Goods.
    3. Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time You place your order. If an error is found, the Supplier will inform you as soon as possible and offer You the option of reconfirming your order at the correct price or cancelling your order. If You cancel your order due to an error in the price, the Supplier will refund or credit You for any sum that has been paid by You or charged to your credit/debit card for the Goods.
    4. In addition to the price, You will be required to pay a delivery charge for the Goods, as shown in the section of the Supplier's website about delivery.
    5. The price of the Goods and delivery charges shown on the website are inclusive of VAT.
    6. Payment for the Goods and delivery charges can be made by any method that is shown on the Supplier's website at the time You place your order.
  4. Warranty
    1. All Goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights.
    2. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
    3. If the Goods supplied to You develop a defect while under warranty, or You have any other complaint about the Goods, You should notify the Supplier in writing at the address, fax number or email address shown below.
  5. Delivery
    1. The Goods You order will be delivered to the address You give when you place your order.
    2. If delivery cannot be made to your address, the Supplier will inform You as soon as possible, and refund or credit You for any sum that has been paid by you or charged to your credit/debit card for delivery.
    3. If there is no one at the address given who is competent to accept delivery of the Goods, You will be notified of an alternative delivery date or a place to collect the Goods.
    4. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the Supplier will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. In this case, the Supplier will inform You as soon as possible.
    5. You will become the owner of the Goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to You.
  6. Your right of cancellation
    1. You have the right to cancel the contract at any time up to the end of seven working days after you receive the Goods. A working day is any day other than weekends and bank or other public holidays.
    2. To exercise your right of cancellation, You must give written notice to the Supplier by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the Goods ordered and (where appropriate) their delivery.
    3. If You exercise your right of cancellation after the Goods have been delivered to You, You will be responsible for returning the Goods to the Supplier at your own cost. The Goods must be returned to the address shown below. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
    4. Once You have notified the Supplier that You are cancelling the contract, the Supplier will refund or credit You within 30 days for any sum that has been paid by You or charged to your credit/debit card for the Goods.
    5. If You do not return the Goods as required, the Supplier may charge You a sum not exceeding the direct costs of recovering the Goods.
    6. You do not have the right to cancel the contract if the order is for audio or video recordings or computer software which have been unsealed by you, or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. The Supplier will notify You at the time your order is accepted if this applies.
  7. Provision of the Services
    1. The Services supplied under this agreement shall continue to be supplied for 3 months following your last use of the Services provided You have sufficient airtime except in the event that this agreement is terminated in accordance with condition 11. At the end of such period the Services will cease to be available to You regardless as to how much, if any, unused airtime You may have remaining on your account.
    2. You acknowledge that this agreement is subject to network service levels and roaming agreements that currently exist between the mobile phone networks and that they are outside of the Supplier's control.
    3. Subject to 8.1 the Supplier shall endeavour to provide the Services at all times and warrants to You that the Services will be provided using reasonable care and skill.
    4. The warranty under condition 7.3 shall not apply to any third party services that You may access through the Services.
    5. If the provision of the Services is prevented or delayed by any act or omission caused by You, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by You arising directly or indirectly from such prevention or delay.
    6. The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
  8. Your obligations
    1. You will co-operate with the Supplier in all matters relating to the provision of the Services.
    2. You will be solely responsible for providing the hardware necessary to access the Services, including but not limited to mobile handsets.
    3. You will not use the Services for purposes that are illegal, immoral or improper.
    4. The mosim rates and tariffs assume fair usage of the Services by You. This includes, but is not limited to maintaining a ratio of outbound tariffable calls to inbound calls of more than 20%. In the event of fair usage not being sustained on Your account, the Supplier reserves the right to review the rates and tariffs applied to Your account or to terminate the Services and in this event, such termination shall be deemed to have been made by You.
  9. Price of the Services
    1. The price of the Services shall be displayed on the Supplier's website at all times and shall be inclusive of VAT.
    2. The Supplier may change the price of the Services from time to time provided it gives not less than 14 days notice to you. Such notice shall be communicated by way of text or flash message to your mobile phone or set out on the Supplier's website.
    3. In order to pay for the Services You must purchase airtime in advance. You can purchase airtime using your credit/debit card over the phone or via the Supplier's website or by registering for Automated Top-Up.
  10. Liability
    1. This condition sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
      1. any breach of this agreement;
      2. any use made by You of the Services; and
      3. any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.
    2. Nothing in these conditions limits or excludes the liability of the Supplier:
      1. for death or personal injury resulting from negligence; or
      2. for any damage or liability incurred by You a result of fraud or fraudulent misrepresentation by the Supplier; or
      3. for any liability incurred by You as a result of any breach by the Supplier of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
    3. Subject to condition 10.2, the Supplier shall not be liable for any loss of profit or any indirect, special or consequential loss (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by You.
    4. The Supplier shall not be liable to You or be deemed to be in breach of this agreement by reason of any delay in providing, or any failure to provide, any of the Supplier's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier's reasonable control. For the avoidance of any doubt this includes but is not limited to any failure in the network service levels or roaming agreements referred to in condition 7.2.
    5. The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the provision of the Services shall be limited to the price paid for the Services.
  11. Termination of the Services
    1. If You do not use the Services for a period of 3 months this agreement will terminate automatically and shall be deemed to be terminated by You.
    2. The Supplier shall be entitled to terminate this agreement immediately if:
      1. You breach condition 8.3 or 8.4; or
      2. any of the information You have provided to the Supplier is found to be false.
    3. The Supplier shall be entitled to terminate the Services by giving You not less than 14 days notice, for reasons including but not limited to any breach of your obligations under this agreement (which if capable of remedy are not remedied within 7 days of the Supplier informing you of the breach); or the Supplier being unable to provide the Services.
    4. If the Supplier terminates this agreement, You shall be compensated up to the amount of airtime that is on your phone at the date of termination.
    5. You shall be entitled to terminate this agreement at any time by informing the Supplier. On termination:
      1. the Supplier is under no obligation to refund the airtime that is on your phone at the date of termination, unless You wish to terminate within 7 working days of accessing the Services by registering the mosim card and purchasing airtime in accordance with condition 2.3 (b) and You have not used the Services; or
      2. the Supplier is under no obligation to refund the airtime on your mosim card if You access the Services in accordance with condition 2.3 (a).
    6. On termination, the Supplier shall disconnect your mosim card from the Services.
  12. Applicable law
    1. These terms and the supply of the Services will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

 

Nothing in these Terms and Conditions affects your Statutory Rights.

Email:
info@mosim.co.uk

Company address:
Mosim
Studio 15c
101 Farm Lane
London
SW6 1QJ

Tel: +44 20 7386 7777

 

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