Terms & Conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

What these terms cover

These are the terms and conditions on which we hire the product to you. In this contract you agree to hire the product and make payments (without prior demand) to us for the duration of the minimum term and thereafter until the contract is cancelled, terminated, or renewed.  Except in certain circumstances, you cannot cancel or terminate this contract without making payment.  Payments hereunder will continue even though the product is being repaired (or is otherwise temporarily unavailable).  The time for payments under this contract are of the essence.

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 and we may change or end the contract, what to do if there is a problem and other important information. 

Information about us and how to contact us

How to contact us.

You can contact us by telephoning our customer service team or by writing to us by email or post to the contact details set out in the Pre-Contract Information section.

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.

Basics of the contract

This is a hire agreement under which we will hire the product to you for the minimum term.  This contract comprises these Terms and Conditions and the pre-contract information set out overleaf and applies to all the products provided to you including replacement or repaired products.

The product will at all times remain our property. You have no right, title or interest in the product outside this contract. This contract shall apply to any replacement, substitute or additional product provided to you and any changes in the charges.  You are not permitted to end this contract before the end of the minimum term except as set out in this contract or statute.

Our warranty to you

In addition to your statutory rights, the product comes with a complimentary warranty during the full term that you hire the product. This means that we will repair or replace your device if a fault develops within this period. 

We may offer you the option of purchasing an extension of the duration of the warranty at the time of purchase. The terms of this clause apply to any extension period.

If you claim on your warranty and we repair or replace your product, the replacement product or repaired product will be covered for the remaining duration of your warranty, unless the warranty has less than six months remaining at the date you receive the replacement / repaired product, in which case a six-month warranty will be provided on your repaired or replaced product. 

The warranty does not cover faults under any circumstance caused by (i) accidental damage to the product after delivery to you, (ii) your neglect of the product, (iii) your misuse of the product, (iv) normal wear & tear, (v) water damage in any form, (vi) changes in Apple policy that may affect the performance or functionality of the product, including (but not limited to) policy or software updates.

The warranty shall immediately be excluded in the event that the product is altered or repaired without our prior written approval.

The battery for your product will only be covered by a 90-day warranty. If the battery is found to be the cause of a fault during this period, we will replace your battery. All of our products will have at least 80% of the manufacturer's battery capacity when hired to you. 

To make a claim on your warranty or under your statutory rights if your product develops a fault:

Please contact us by email with a copy of your signed contract and a description of the fault and reason for the claim. 

In the case of products which are cracked, bent or damaged on receipt, or in respect of which you allege that the product is missing from the package, please contact us within 24 - 48 hours of receipt, or non-receipt (the Estimated Delivery Date), so that we can raise an investigation with the delivery courier. We may need you to provide a sworn statement to help us in the claim against the delivery courier.  We cannot accept claims if they are not raised within 48 hours of courier tracking delivery confirmation. 

Our contract with you

How we will accept your order.

Our acceptance of your order will take place when we email you a copy of this contract signed by us.  This contract will come into force on the date that we signed the contract.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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 a credit reference we have obtained for you does not meet our minimum requirements, 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. 

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.

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 or deliver to addresses outside the UK.

Our products

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. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 

Your rights to make changes

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 timing of supply 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.

Providing the products

The costs of delivery will be as displayed to you on our website.

When we will provide the products. During the order process we will let you know when we will provide the products to you.  We will deliver to you as soon as reasonably possible and in any event within 3 days after the day on which we accept your order.  If we fail to deliver the product then you have certain legal rights.  Please contact us to discuss your options. Time is not of the essence for delivery of the product.

We are not responsible for delays outside our control. If our supply of the product 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 a 

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 storage costs and 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 11.2 will apply.

When you become responsible for the product goods. The product will be your responsibility from the time the product is delivered to the address you gave us as shown in the delivery confirmation.  We recommend that you have insurance for the product.

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 product to you. If so, this will have been stated in the description of the product on our website. We will contact you in writing to ask for this information. 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 11.2 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 product 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. 

Your rights to end the contract

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 or replaced or a service re-performed or to get some or all of your money back);

If you want to end the contract because of something we have done or have told you we are going to do, see 9.2;

If you have just changed your mind about the product.. 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 the product. 

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 (a) to (e) below the contract will end immediately and we will refund you in full for any product which has 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;
• 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 product may be significantly delayed because of events outside our control; 
• we have suspended supply of the product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
• you have a legal right to end the contract because of something we have done wrong such that we are in breach of this contract. 

How long do I have to change my mind?

You have 30 days after the day you (or someone you nominate) receives the product.

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, you can still end the contract before it is completed, but you will have to pay us compensation amounting to the full payment due for the minimum term plus a reasonable administration fee. 

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 writing to us at the address provided above.  YOU MUST GIVE US 30 DAYS NOTICE OF THE CANCELLATION OF THIS CONTRACT AT THE END OF THE MINIMUM TERM.  If we do not receive the cancellation notice in time then we reserve the right to continue to charge you for the following month.

Returning products after ending the contract. If you end the contract for any reason after the product has been dispatched to you or you have received it, you must return it to us. You must post it back to us at the address set out above by first class registered post.  If you are exercising your right to change your mind you must send the product within 7 days of telling us you wish to end the contract. Please remember to remove any personal data from the product such as passwords otherwise we reserve the right to charge you.  We must receive the product back in the same state that we sent it to you.

Returning the product:

Before returning the product you must ensure that all data stored on the product has been erased, that you have logged out of any personal accounts (e.g. iCloud account), that the product has been reset to factory settings, and that any security features (including any password, passcode, pattern, biometric security or remote protection features eg ‘find my iPhone’) are disabled. Failure to do so will result in additional charges to compensate us for damage to the product (see Schedule 2 (Repair Fees) for further details). If, when the product is due to be returned, you cannot do so as it has been lost, stolen or damaged beyond repair, then we may agree with you that you may substitute and return another product of the same model and specification in its place. To be able to agree to the substitution, we require confirmation of the unique identifier of the new product (the IMEI if the product has an IMEI, or otherwise the serial number) from you, and by providing the unique identifier you will be transferring legal title.

Charges:

We may charge you fees as compensation if you fail to return the product to us in the at any point through the length of the contract. These costs will be detailed in your contract and you must read carefully.

When we will pay the costs of return. We will pay the costs of return:

• if the products are faulty or misdescribed;
• 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.  We insist you use a “signed for” or tracked delivery service.  If you do not use these services and the product is not received by us, or you cannot prove that the product was sent to us, then you may be liable for full payment for the product.

How we will refund you. 

We will refund you the price you paid for the product including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in this contract.

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 product, if this has been caused by your handling them in a way which would not be permitted in a shop. 

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method using tracked or “signed for” services.

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.

Our rights to end the contract

We may end the contract if you break it. We may end the contract 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 7 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 product;
• you do not, within a reasonable time, allow us to deliver the product to you. 

You must compensate us if you break the contract. If we end the contract in the situations set out in 11.1 we will refund any money you have paid in advance for a product 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.

Your indemnity for us

You agree to indemnify us for all reasonable costs and expenses incurred by us (both before and after judgment) as a result of your breaching this contract and/or in our enforcing any term of this contract together with all reasonable costs and expenses incurred by us for any work (such as administration) carried out by us as a result of this contract.

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.

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.If your product is goods, 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:

• Up to 30 days: if your goods are faulty, then you can get an immediate refund.  
• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.  
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   
• If your product is digital content, for example, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
  
• If your digital content is faulty, you're entitled to a repair or a replacement.
• If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. 
• If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

Your obligation to return rejected products.

If you wish to exercise your legal rights to reject the product you must post it back to us. We will pay the costs of postage.  We will provide a prepaid return label.  If you choose to return the product using your own postage method, then all costs will be paid by you. Returns will only be accepted using a mainstream UK courier as returns in person are not accepted. Payment for each month (or part month) which elapses until either the product is actually returned to us, or we charge a fee as compensation for you failing to return the product to us as provided for below.

Your obligations

You must:

• use the product in accordance with any instructions provided to you including the manufacturer’s instructions;
• look after the product as you are responsible for any loss or damage to it, so if it is lost, stolen or damaged, then inform us immediately.

Do not:

• Sell or give any interest over the product (such as pledge or pawn) nor let any third party seize it (inform us immediately if any of these things happen).  Remember that the product does not belong to you;
• Alter or modify the product in any way whether hardware or software except for manufacturers software updates;
• Take the product out of the UK unless you are expecting to return within 6 months.

Price and payment

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, if we charged you the incorrect price then we reserve the right to charge you the correct price.

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.  If VAT is payable on any other sums due under this contract, then you will also need to pay that VAT.  

When you must pay and how you must pay. We accept payment by Direct Debit. You must make the first payment for the product before we dispatch them. We will not charge you until we dispatch the products to you. 

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We shall also be entitled to charge you an administration fee of £20.

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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Option to renew or purchase

At the end of the minimum term, you may either:

• terminate this contract by giving us 30 day’s written notice prior to the end of the minimum term and return the product to us at your own cost; or 
• purchase the product at a mutually agreed price; or 
• roll over this contract and continue with the same product and on the same terms as this contract with one month’s notice; or 
• return the product to us and request that we enter into the same contract with you with the same terms as this contract except that we shall provide you with an agreed update product, and you shall return the existing product to us at your own cost

At any time during this contract you may purchase the product and be released from this contract by mutual agreement by agreeing a purchase price with us.

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 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 for defective products under the Consumer Protection Act 1987

We are not liable for business losses. If you use the product 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.

Service and Repairs

We provide a full service and repair function.  You agree to inform us immediately of any problems with the product (such as damage, theft, or claim). We will be responsible and liable for all faults arising as a result of fair wear and tear and you will be responsible for all other faults. If the product is broken then you will be responsible for any damage to the product.  Repairs are carried out in accordance with the terms and conditions set out here: https://grademobile.co.uk/pages/terms-conditions

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy (which is available on our website).

Other important terms

Failure to return the product may result in legal steps being taken against you to recover the product or compensate us for the loss of (or damage to) the product. These steps may include:

• Reporting to third party credit reference agencies which could adversely affect your credit records, which may make it more difficult or more expensive to obtain credit in the future, and/ or
• Taking legal action (which may result in a County Court Judgement, or “CCJ” against you) and the appointment of High Court Enforcement Officers to collect any sums awarded to us. 
• If the product you return to us is damaged, we may charge you for the damage in line with the Repair Fees set out in Schedule 2.
• Blocking, blacklisting, and barring the product if you are in breach of this contract.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. In particular, in the event of your non-payment, or any monies being due from you to us, we reserve the right to instruct (or transfer the benefit of this contract to) a debt-collection agency to seek repayment of any debt.  We can also take legal proceedings against you for any sums outstanding.

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 (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Force majeure:

We shall not be in breach of this agreement or otherwise liable for any failure or delay in the performance of our obligations if such delay or failure results from events, circumstances or causes beyond our reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for four two weeks, you may terminate this agreement by giving 30 days' written notice to us. 

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 product in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product in either the Northern Irish or the English courts.

Zero Tolerance  

Any behaviour verbal or physical, which causes Grade Mobile staff to feel uncomfortable, embarrassed or threatened, is totally unacceptable; we have a Zero Tolerance against such behaviour, which includes includes aggression, swear words, threatening language, derogatory remarks, or threats made in person, over the telephone or in written communication. Grade Mobile reserves the right to terminate and cease communications with any person who breaches this Zero Tolerance