Terms & Conditions
“Customer/You/Your” means the natural person ordering or otherwise purchasing products from the Lycamobile e-shop”
“Lycamoble e-shop or e-shop” means the website offered by Lycamobile for you to browse and chose suitable products for your personal needs.
“Terms” means these terms and conditions of sale for the purchase of our products offered in the Lycamobile e-shop.
“Us/Our/we” means Lycamobile UK Limited, known as Lycamobile and our company registration number is 05903820 and our registered office address (for legal correspondence) is Walbrook Building, 195 Marsh Wall, London, E14 9SG, United Kingdom.
1.1What these terms cover. These are the terms and conditions on which we supply products to you, such as mobile telephones and accessories. Our terms and conditions for use of Lycamobile network services can be viewed here.
1.2Why 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. We intend to rely on these terms and your order. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you. If you think that there is a mistake in these terms, please contact us.
2.1Who we are. We are Lycamobile UK Limited, known as Lycamobile and our company registration number is 05903820 and our registered office address (for legal correspondence) is Walbrook Building, 195 Marsh Wall, London, E14 9SG, United Kingdom.
2.2How to contact us. You can contact us by telephoning our customer service team on 0330 132 2222. You can also use the contact us page to write to us or complete an online form.
2.3How we may contact you. If we have to contact you, we will do so by telephone voice call or SMS or by writing to you at the email address or postal address you provided to us in your order.
2.4“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1How to place an order. Our secure e-shop website available at eshop.lycamobile.co.uk enables customers to browse different telephone handsets and accessories and select any such products desired by the customer for purchase. A customer may then checkout the products from the basket by (i) entering their true and accurate information, including their full name and current address details; then (ii) entering their payment information and confirming their commitment to place an order with Lycamobile by clicking the confirm order option. At this stage, the order is not accepted by Lycamobile and you acknowledge that any automated acknowledgement of your order does not at this stage amount to our acceptance of your order.
3.2How 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. This means that before you receive this order confirmation from us, no do not promise to fulfil the order for products.
3.3If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because 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. It could also be in order to meet our legal obligations in the supply of your product.
3.4Your order number. We will assign an order number to your order and tell you what it is when we accept your order. You will need your order number whenever you contact us about your order to help deal with your query efficiently. If you have lost your order number, we may need to verify the order with you and our own suppliers, which might delay the response to you.
3.5We 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.
3.6 Acceptance of Lycamobile Terms of Service. If you choose to place an order with us and include the purchase of a Lycamobile SIM card for access to Lycamobile’s telephone service, you also accept the terms and conditions of the Lycamobile service available here.
3.7 Restrictions. You must be over 18 to place an order on our website and ordinarily resident in the United Kingdom.
3.8 Accuracy of information. The information you provide to process your order must be true and accurate. Any order placed using false details or in a suspected fraudulent manner shall be null and void. Any misuse of our website e-shop shall result in the immediate cancellation of any orders you place. Fraudulent or suspicious activities on our website will be reported to the relevant authorities.
4.1Products 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 your device’s display of the colours accurately reflects the colour of the products. Also, your product may vary slightly from those images in other ways. The product dimensions and specification are those provided to us by our suppliers and the product manufacturers. We rely on those parties to provide us with accurate information which is reproduced for your own information. We would advise you to check with the respective manufacture to verify the specification and details if this is important to your purchase decision. Be aware that there are sometimes world regional variations of specifications of products.
4.2Product packaging may vary. The packaging of the product may vary from that shown in images on our website. Our concern is to ensure your order reaches you safely and securely.
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. See clause 8 below on how to end the contract.
6.1Minor changes to the products. The product may vary from that what is ordered to: (a)to reflect changes in relevant laws and regulatory requirements for telecommunications equipment that are imposed on our supplier or the manufacture of which we have no control; or (b)to implement minor technical adjustments and improvements, for example to address a security threat. These changes may affect the operation of the device to improve stability or security, or form part of an updated software package rolled out by the manufacturer, of which we have no control.
6.2More significant changes to the products. In addition, the products may vary from advertised in more significant ways such as changes to the hardware, including substitution of processors and other chipset equipment, changes to the battery including its capacity, changes to screen displays and other changes imposed by the manufacturer. Whilst such changes may be significant, we reserve the right to make these substitutions provided that they have no negative effect on the performance of the products. In nearly all instances, such changes are enhancements and improvements over earlier versions and benefit your enjoyment of the product.
6.3 Changes to these Terms. These terms may be changed from time to time for future orders, but the terms displayed on our website at the time of your order shall apply.
7.1Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2When we will provide the products. We will deliver products as set out in our order dispatch notification or soon as reasonably possible and in any event within 30 days after the day on which we accept your order, subject to stock availability.
7.3We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4If you are not at home when the product is delivered. If no one is available at your address to sign for and take delivery and the products, the courier company will leave a calling card to re-arrange delivery. Please ensure someone is able to accept the delivery to avoid such delays.
7.5If you do not re-arrange delivery. If you do not collect the products from the courier company or re-arrange a failed delivery to you, we may end the contract and clause 10.2 shall apply.
7.6Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply: (a)we have refused to deliver the goods; (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.
7.7Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 and 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of the products. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us.
7.9When 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. This means that once delivered, you are responsible for the product’s security and should take adequate insurance against its possible damage, loss or theft.
7.10When you own goods. You own a product which is goods once we have received payment in full in cleared funds.
7.11What 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 legal name, your delivery address and contact 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 clause 10.2 shall 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.
7.12Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: (a)deal with technical problems or make minor technical changes; (b)update the product to reflect changes in relevant laws and regulatory requirements; (c)make changes to the product as requested by you or notified by us to you.
7.13Your 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. This could be circumstance such as a safety recall or other important reasons to suspend the sale of a product. 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 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.1You 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: (a)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), see clause 11. (b)If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2. (c)If you have just changed your mind about the product, see clause 8.3. 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.
8.2Ending 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 products which have not been provided and you may also be entitled to compensation. The reasons are: (a)we have told you about an upcoming change to the product or these terms which you do not agree to; (b)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; (c)there is a risk that supply of the products may be significantly delayed because of events outside our control; (d)we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [PERIOD]; or (e)you have a legal right to end the contract because of something we have done wrong.
8.3 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. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.1Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a)Phone or email. Call customer services on 0330 132 2222 or email us at PhoneShop@lycamobile.com or use on of the methods set out on the contact us page.
9.2Returning 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 email us at firstname.lastname@example.org (this is our returns agency) for a return label. 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. You will be required to pay the return postage in this instance. In all instances you must ensure that products are kept safe and secure and are received by us in the same condition that they were received to you. You are responsible for the product’s safe carriage back to us so should therefore insure the product against any damage by couriers used by you to return the product to us. You will be charged for any defects or marks which reduce the value of the product and our ability to resell the product to another customer, this includes but is not limited to any scratches, marks, wear or other signs of use and can include damaged packaging or other signs of use which prevents us from selling this as a new item to another customer.
9.3When we will pay the costs of return. We will pay the costs of return: (a)if the products are faulty or misdescribed; or (b)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.
9.4How 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 below.
9.5Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: (a)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 to cover those costs. Risks of damage in transit are to be met by you for orders returned because of a change of mind. (b)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 3-5 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.
9.6When 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: (a)If the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see clause 9.2. (b)In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10.1We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or (b)if for any reason your payment is reversed or fails to clear to our account.
11.1How to tell us about problems. If you have any questions or complaints about the product, call customer services on 0330 132 2222 or email us at PhoneShop@lycamobile.com or use on of the methods set out on the contact us page.
11.2 Our code of practice available here details our complaints process.
12.1Where 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 12.3 for what happens if we discover an error in the price of the product you order.
12.2We 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.
12.3What 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. 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 to us.
12.4When you must pay and how you must pay. We accept payment by Mastercard and Visa and will debit your payment on acceptance of your order placed with us. You must pay for the products before we dispatch them and must use a valid debit or credit card belonging to you, placing the order. All payment methods are subject to validation checks and we do not accept liability to you for delays caused by your payment card issuer declining or otherwise delaying payment to us for your order.
13.1We 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.
13.2We 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 for defective products under the Consumer Protection Act 1987
13.3We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2Nobody 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].
15.4If a court finds part of this contract unlawful, 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.
15.5Even 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.
15.6Which 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.
15.7 Online Dispute Resolution (ODR) Platform. We are obliged by European Union law to provide you with a direct link to the Online Dispute Resolution (ODR) platform, which can be accessed here https://ec.europa.eu/consumers/odr
“Credit Agreement” means an agreement between a business and customer, regulated by the Financial Conduct Authority and the applicable legislation governing that relationship.
“'Credit Facility” means the provision of credit to the customer by a third party, whereby the third party settles in full (or in part) an order placed by the customer on that customer's behalf ("a Credit Provider").
16.1 We offer you the opportunity to pay for your order by using the services of a Credit Provider offering a Credit Facility. We are an Appointed Representative of a Financial Conduct Authority Regulated business which offers credit facilities in accordance with the Consumer Credit Act 1974, and any subsequent or additional legislation in force from time to time.
16.2 By entering a Credit Agreement with a Credit Provider, your order is settled to us on your behalf by the Credit Provider, who may charge you additional sums in consideration of offering you the Credit Facility. Customers may therefore be increasing the total cost of their product purchase by using a Credit Facility and should take care in choosing to do so. Customers should check whether the Credit Facility offered to them is suitable and affordable for their needs.
16.3 Any provision of credit provided to a customer by the Credit Provider is subject to the Credit Agreement in force between the customer and the Credit Provider. LycaFly has no contractual relationship with the customer in relation to any provided Credit Facility by the Credit Provider, and disclaims all liability, howsoever arising to the fullest extent permitted by law in relation to the provision of any such Credit Facility.