Terms and Conditions of Voucher Store use

These terms and conditions contain important information about your rights and obligations and your access to and use of this website and/or the Services, as well as liability limitations that may apply to you. Exertis (UK) Ltd operates the Switch-Up Voucher Redemption Portal and transacts and contracts with customers for the supply of Products. For the avoidance of doubt, Exertis (UK) Ltd is the data processor of your personal information. All queries relating to your data should be submitted to Exertis (UK) Ltd in accordance with the terms of its Data Protection Policy, found at https://www.myswitchup.co.uk/privacy-policy

1. To use and purchase a product on the Switch-Up Voucher Redemption Portal (“redemption portal”) operated by Exertis (UK) Ltd, found at https://www.myswitchup.co.uk/shop, you must have all completed of the following:

1.1 Purchased a new Sony mobile phone from an authorised UK reseller;

1.2 Traded in your existing mobile phone within 12 months of the date of purchase of your new Sony Mobile Phone via the Switch-Up Trade-In Portal (“trade-in portal”), found at https://www.myswitchup.co.uk and process detailed below at point 2;

1.3 Have selected your trade-in order payment to be via Switch-Up Vouchers (“Voucher(s)”); Have fully completed the trade-in process as detailed below; AND Hold a current Voucher balance above £0.01.

Switch-Up Trade-In Process

2.1 The Switch-Up trade-in process set out below is a condition of your participation in the promotion. You must:
2.1.1 Select which mobile phone you wish to trade in on the trade-in portal.

2.1.2 Confirm which network (if any) your mobile phone is locked to.

2.1.3 Confirm the current condition of this mobile phone as being either fully working or faulty/damaged, as per the definitions provided on the trade-in portal.

2.1.4 Select how you would like to receive your payment – this can be either via cash payment or Vouchers. Vouchers will equate to an amount which is twice the value of the cash payment being offered. However, if the cash payment option is selected then you will not be able to make a purchase via the redemption portal.

2.1.5 Enter the IMEI of the new Sony mobile phone that you have purchased and the IMEI of the mobile phone you wish to trade in. You will only be able to trade in one mobile phone for each new Sony mobile phone that you have purchased.

2.1.6 Confirm your contact details and select how you wish to return your trade-in mobile phone to complete your trade-in order request i.e. to ship your mobile phone back immediately or request for a returns pack to be posted out to you.

2.2 For the avoidance of doubt your trade-in will be processed in accordance with the Trade-In Terms & Conditions, found at https://www.myswitchup.co.uk/terms-conditions . On the successful completion of your trade-in order, you will receive a confirmation email containing:-

2.2.1 An account registration link to allow you to complete the setup of your redemption account; AND

2.2.2 Confirmation of the Voucher amount (in pounds sterling) that has been allocated to your redemption account in respect of this trade-in order.

2.3 Upon completion of the registration of your redemption account, your Vouchers will be available for use immediately, but your Voucher balance will only be displayed whilst you are logged into your redemption account.

3 Each unique Voucher amount allocated to your account will expire nine calendar months from the date your registration confirmation email or voucher balance confirmation email was sent to you.

4 Your Vouchers do not hold a cash value nor are transferable for cash.

5 If you provided an incorrect email address during the trade-in process, the 180 days expiry period for your Voucher allocation will still commence on the date your registration email or Voucher balance allocation confirmation email was sent to the incorrect email address provided.

6 If you have purchased any additional new Sony mobile phone(s) from an authorised reseller, you can trade in more than one old mobile phone (as per the process detailed at point 2) on separate occasions. If the Voucher payment option is chosen for each subsequent trade-in order, this additional Voucher amount can be added to your existing redemption account balance. However, In order to add any additional Voucher amount to your existing redemption account balance, you must provide the same email address as that which you provided during your initial trade-in order, for each trade-in transaction that you wish to link to your original redemption account.

7 Trade-in value amounts cannot be subsequently added to your original redemption account balance if a different email address has been used throughout the trade-in process, as this would generate a separate user account that cannot be later combined with your original user account.

8 Voucher amounts used to make a purchase on the redemption portal will be deducted from your total Voucher balance in order of their date of allocation to your redemption account.

9 You can purchase either a single item or select multiple items (except TVs) in a single sales transaction by adding all items into your shopping basket before proceeding to the checkout.

10 When placing an order, you will be required to utilise your entire current Voucher balance towards the total value of the item(s) being purchased. Please refer to the examples shown at point 12 for clarification on this point.

11 Your Vouchers can be used to cover your shipping costs if there is sufficient Voucher balance available to cover your entire purchase in full, including shipping costs, in a single transaction.

12 If you do not have enough Voucher balance available to purchase a higher priced item, you can make an additional payment (via Visa, Visa Debit, Mastercard and Maestro card payment methods only) for the difference between the outstanding amount and your Voucher balance. Please refer to the following examples: Please Note – In the below two examples the customer holds a current Voucher balance of £200.

Example 1 – Vouchers balance is less than the purchase price of item. Item to be purchased is £250 including shipping costs, the full Voucher amount of £200 would be allocated against the purchase price requiring an additional cash payment of £50 to be made.

Example 2 – Voucher balance is more that the purchase price of item. Item to be purchased is £150 including shipping costs, the full amount of £150 in Voucher would be allocated towards the transaction, which would leave a remaining Voucher balance of £50 and no additional cash payment would be required. The remaining Voucher balance of £50 would then be subject to the expiry period limitation as detailed above at point 5.

13 Change of mind order cancellation requests – if you wish to cancel your order and receive a full refund (this would be a refund of any Voucher amount utilised during this order transaction, together with any additional amount paid, except original shipping costs) any such request must be submitted within fourteen working days following the date of delivery of your order. Your refunded Voucher amount will continue to have the originally allocated validity period as if this amount had not been redeemed by the cancelled order.

14 You will be required to pay the full cost of shipping for returning your item to us if you select to return the item to us under the 14-day change of mind request, and you will bear the risk for this shipping process. Exertis (UK) Ltd will not be responsible for any items not received back safely or with damage sustained during transit back to Exertis (UK) Ltd.

15 Orders received via the redemption portal can only be shipped to addresses within the United Kingdom.

16 Your order will be shipped within 30 days following successful validation of your order submission.

17 If you are making an additional payment in order to make your purchase, we can only accept your order if the shipping address is the same as the billing address that is associated with your payment card used during this purchase transaction.

18 Where a refund is offered for any other reason than under the 14-day change of mind cancellation request (as detailed above at point 13 above) this is at the discretion of the Exertis Redemption Scheme Team Manager for a full or partial refund and may not include any Voucher amount payment.

19 Pricing of the products advertised on the redemption portal can be changed at any time and without notice.

20 Stock is subject to availability and placement of an order does not guarantee that item will be available for delivery.

21 Where an item is not available for despatch within 30 days, you will be notified of this and can opt to either wait for your chosen item to come back into stock (where this option is available), to amend or cancel your order at this time in accordance with the 14 days change of mind terms as set out at point 13 above. Alternatively, at the discretion of the Exertis Redemption Scheme Manager, you could be offered a substitute product of equal value and of like for like specification, but would still retain the right to cancel your order if you chose not to accept this alternative product.

22 Exertis (UK) Ltd will provide all product purchases with a 30-day limited warranty (“Warranty Period”) as detailed at points 23 to 26. After the initial 30-day warranty period the remaining standard manufacturer warranty period will be applicable, please refer to the Sony Electronics Support page for further assistance: https://www.sony.co.uk/electronics/support

23 Exertis (UK) Ltd warrants that the products supplied via the redemption portal are free from defects in materials and workmanship under normal use and use in accordance with the respective product user manual, during the Warranty Period.

24 The warranty set out at point 22 does not cover defects and damage resulting from:

  • Normal wear and tear of the equipment or otherwise due to the normal ageing of the equipment.
  • The product being used other than in a normal and customary manner.
  • Any disassembly, repair, alteration or modifications carried out by anyone.
  • Misuse, abuse, negligence or an accident howsoever caused.
  • Improper testing, operation, maintenance, installation, or any alteration or modification of the product.
  • Spillage of food or liquids, corrosion, rust or the use of wrong voltage.
  • Scratches or damage to plastic surfaces and all other externally exposed parts due to normal use.
  • Use outside of use permitted under the product’s user manual.

25 The warranty will not be available if:-

  • The serial number or warranty seal on the product is illegible, has been defaced or removed,
  • Without any proof of purchase.

26 The Warranty Period will commence on the date of delivery of your order.

Switch-Up Terms and Conditions for the supply of services to trade in and recycle mobile phones

All services relating to the Switch-up promotion trade-in are operated by MTR Group Ltd, on behalf of Exertis (UK) Limited, Technology House, Magnesium Way, Hapton, Burnley, BB12 7BF.

1. TERMS

These are the terms and conditions on which we buy devices from you. By sending us de</h4vices you agree to be bound by these terms and conditions. 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. If you think there is a mistake in these terms, please contact us to discuss.

Please read these terms carefully before you send us your device(s) and take note of your IMEI number in case there is a problem with your order. Your IMEI number can be found by typing in *#06# (or in your device settings). It should also be printed on the back of your device or under the battery.

2. IN ADDITION TO THESE TERMS AND CONDITIONS, THE FOLLOWING TERMS ALSO APPLY TO YOUR DATA PROTECTION:

For the avoidance of doubt MTR Group Ltd is a processor of your personal information.
All queries relating to your data should be sent to MTR Group Ltd in accordance with the terms of its privacy policy, which can be found at https://www.myswitchup.co.uk/privacy-policy.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 We are MTR Group Ltd. a company registered in England and Wales under company registration number 7839241 and our registered office is at Technology House, Magnesium Way, Hapton, Burnley, BB12 7BF. Our registered VAT number is 123 8610 32.

All services relating to the Switch-Up promotion trade-in are operated by MTR Group Ltd. on behalf of Exertis (UK) Limited, Technology House, Magnesium Way, Hapton, Burnley, BB12 7BF.

3.2 You can contact us by telephoning our customer support team on 0345 013 0388 (available between the hours of 9 – 5:30 Mon to Fri, excluding bank holidays) or by writing to us at email: myswitchup@exertis.co.uk.

3.3 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.

3.4 When we use the words “writing” or “written” in these terms, this includes emails.

4. OUR CONTRACT WITH YOU AND YOUR ORDER

4.1 Offer and acceptance- How we accept your order.

Your completion of the order form is an offer to us to purchase the device. The contract between us and you is formed, subject to these terms and conditions, when we confirm receipt of your order form. The contract between you and us is conditional upon us receiving the device and it (and you) complying with these terms and conditions. The estimated price may be varied as set out in these terms and conditions.

4.2 If we cannot accept your order. We will inform you of this and will not charge you for the service.
4.2.1 Before you send a device to us, you will need to complete an order form for each device, after which we will provide you with an estimated price. Your order form must be complete and accurate, and you must update us if any of the information changes. If the order form information is not complete or accurate, you may not receive the full estimated price.

4.2.2 Submitting an order will create an account on our site. In order to submit an order and sell us a device, you must be:

• a. a UK resident accessing our site from the UK (and we will only send sales packs to the UK);
• b. able to enter into a binding contract;
• c. at least 18 years old (or have obtained your parent or guardian’s consent to the relevant sale for the relevant sum).

4.2.3 Following acceptance of your order form we will send you a sales pack for you to send us the device(s). When sending your device, please ensure your name, address, and any other information requested in the sales pack is included

4.3 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.

4.4 PLEASE ENSURE ALL PERSONAL DATA IS ERASED, REMOVED OR OTHERWISE DELETED FROM YOUR DEVICE BEFORE SENDING IT OT US. WE CANNOT BE HELD RESPONSIBLE FOR YOUR PERSONAL DATA IF YOU HAVE NOT REMOVED IT FROM YOUR DEVICE OR IF YOUR DEVICE IS LOST IN TRANSIT WHEN BEING SENT TO OR RETURNED BY US. IF YOU SEND US A NON-FUNCTIONING DEVICE WE MAY NOT BE ABLE TO RESET OR WIPE IT BEFORE PROCESSING IT.

5. YOUR DEVICE

5.1 Any device you send us must match the make and model from your order form and by sending it to us you confirm that:

• a. You own the device
• b. its battery within the casing and does not have any missing parts; or is not damaged in any way
• c. Is not Includes PIN locked and does not have an “Activation Lock” or iCloud Lock” activated
• d. Is not “jail broken” (i.e. device’s software has not been corrupted nor contain unauthorised software.)
• e. or similar and that the firmware has not been altered
• f. Is original and meets the manufacturers original UK specifications.

5.2 If you send us a device which does not meet these requirements, or is not listed on our website, or if you do not comply with the “You and your order” requirements above, we may contact you and notify you that we are not purchasing your device. If we refuse to buy it you may ask us to return it (at your cost) or recycle it. If we are unable to contact you within 7 days of receiving the device, we will automatically recycle it.

5.3 If your device still has the ‘Activation Lock’ or ‘iCloud Lock’ activated, we will contact you to ask for your help in unlocking it. If we do not receive a response within 5 days of us contacting you, your handset will be recycled and you will not receive any funds for this trade in.

5.4 You will not receive any payment for devices which are returned or recycled.

5.5 Please remove any PIN or other locks or restrictions on any of your devices before sending them to us.

5.6 Your device must not be blacklisted or reported lost or stolen. Please see the red flag procedure below.

5.7 We accept boxes, chargers and accessories for recycling but they do not increase the estimated price and cannot be returned.

6 Grading your device

6.1 If your quote form stated that your device was in working order, then to receive the full estimated price for your device, it must be in good condition. Your device should:

• a. be in full working condition (and all features must be in good working order)
• b. not have significant damage (this does not include mild cosmetic damage or fair wear and tear)
• c. only be locked to the network you have specified in your order
• d. not have any other issues which affect our ability to resell it.

6.2 Significant damage will include (among other things) damaged or cracked screens, damaged or non-functioning cameras, missing buttons or keypad damage, deep scratches or dents, snapped hinges; non-functioning charger ports, screen guards, transfers, decals or similar which cannot be removed, microphone or earpiece damage, cracked backs, missing parts, touch screen faults, and faulty or defective software.

7 Pricing

7.1 Prices displayed on our website include any applicable VAT and other tax, and are subject to change at any time without notice. Device prices are variable and if you check the value of your device but do not place a sales order, the value may be different at a later time.

7.2 Any special offers on device prices are subject to particular terms which we may impose and may be varied or withdrawn at any time without notice. All prices are paid in pounds sterling.

7.3 The estimated price of any device is guaranteed for 14 days, subject to the device complying with these terms and conditions. We may remind you if we have not received your device within 14 days of your order.

7.4 To be accepted, your device must be received within 14 days following your request and comply fully with these terms and conditions.

7.5 If your device is received more than 14 days following your order or does not comply with these terms and conditions then reduced prices may apply or we may refuse to buy your device.

7.6 If your device still has the ‘Activation Lock’ or ‘iCloud Lock’ activated, we will contact you to ask for your help in unlocking it. If we do not receive a response within 5 days of us contacting you, your handset will be recycled and you will not receive any funds for this trade in.

8 Reduced Prices

8.1 If reduced prices apply, we will contact you to make a reduced offer. If you reject this offer, we will return it. Reduced offers will be automatically processed for payment at the new reduced price if we do not receive your response to our proposed offer within 5 days.

Our decision is final on all device prices.

9 Red Flags

9.1 We check the status of all devices we receive against the National GSMA database (using the unique IMEI or serial number)

9.2 If your device has a red flag (meaning it has been registered as lost, stolen, barred or blocked on the GSMA database), we must quarantine it for 28 days while its status is reviewed.

9.3 If we notify you that your device has a red flag you will need to contact GSMA to have it removed, we will provide guidance on this procedure.

9.4 If the red flag is removed before the end of the quarantine period, we may process and purchase your device in accordance with these terms and conditions. If the red flag is not removed before the end of the quarantine period, we are required by law to dispose of it or provide it to the police and you will not receive any payment. By law we cannot under any circumstances return the device during this 28 day period unless the red flag has been removed.

9.5 If we become aware of any issues with your order you may be required to co-operate with the authorities and we reserve the right to withhold or cancel payment.

9.6 If we become aware of a red flag or other ownership issue with the device and we have already paid you for the device, you agree to return that payment on our notification, and that we may take steps to recover that amount and any associated costs of recovery.

10 Payments and Ownership

10.1 Ownership of the device will pass to us when we dispatch payment to you or (if applicable) when we recycle the device

10.2 Payments will be sent by the method chosen in your order form (including the option to receive vouchers as more particularly set out in 10.7 below). If you wish to amend your payment method, please contact us before payment is sent. Payment will only be sent following receipt, testing and acceptance of your device (or under the “Reduced Prices” process set out above).

10.3 We issue same day payments, the day your parcel is received you will also be paid unless there is an issue with your order. If we do not receive a response you will be paid upon expiry of the 5 day notice period under the “Reduced Prices” process set out above. However, this timescale for guidance only and we cannot guarantee payment within that time.

10.4 You should allow 2-3 working days for cheques or Vouchers (as more particularly set out in 10.7 below) and 2 hours for electronic payments to arrive. Payments are also subject to validation and security checks which we or third parties may stipulate from time to time. Payments sent by post will use first class Royal Mail post. All valuations include VAT (or other applicable tax) at the applicable rate.

10.5 Payment processing depends on third parties (such as postal services and banks) whom we do not control, and on you inputting complete and accurate payment details during the order process. We do not accept liability for any delay or failure in your receipt of payment as a result of those third parties’ action or inaction or your provision of inaccurate or incomplete details.

10.6 If your cheque is damaged, you can have it reissued, free of charge, by posting us a written request and including the damaged cheque to our registered address above. If the damaged or expired cheque is not received by us, a cancellation fee will apply and will be deducted from the re-issued cheque value. If you have lost your cheque, you can request for it to be cancelled and reissued. A cancellation fee will apply and will be deducted from the re-issued cheque value.

10.7 On the successful completion of your trade-in order and where you have opted to receive Vouchers, you will receive a confirmation email containing:-

• a) An account registration link to allow you to complete the setup of your Voucher account; AND
• b) Confirmation of the voucher amount (in pounds sterling) that has been allocated to your Voucher account in respect of this trade-in order.
• c) Upon completion of the registration of your Voucher account, your vouchers will be available for use immediately, but your voucher balance will only be displayed whilst you are logged into your account.

11 Postage and returns

11.1 YOU MUST ENSURE THAT YOU ARE HAPPY TO SEND THE DEVICE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.

11.2 You send your device to us at your own risk. We cannot be responsible for devices we do not receive, or for the condition in which we receive devices. We strongly recommend that you pack your device carefully to minimise the risk of damage. The sales pack does not guarantee that the device will be received in the same condition as sent.

11.3 We recommend that you wrap your device in bubble wrap and place it in a strong rigid box (ideally the original device box) so it cannot move or rotate in transit. All devices must be sent in accordance with Royal Mail guidance.

11.4 Devices must be sent to us by Royal Mail 48® Tracked Service or Royal Mail Special Delivery. Royal Mail 48®
Tracked Service is available using the freepost sticker included in your sales pack. If you use Royal Mail Special Delivery or any other delivery service (or don’t use your freepost sticker), your postage costs will not be reimbursed.

11.5 If you do not use the freepost label provided by us, you will be responsible for obtaining a receipt from Royal
Mail and retaining this for tracking and insurance purposes. If you use the freepost label provided, your phone will only be insured in transit by Royal Mail up to Royal Mail’s limits.

Please note: your device will be tracked online to our local delivery office. It will then appear as “delivered” on the Royal Mail system, but this means delivered to our local delivery office. From there it can take 1-2 days to arrive with us and will not be tracked directly to our premises. Once we receive it, we’ll let you know.

11.6 If your device is lost or damaged in the post we will advise you how you might claim against the Royal Mail but we cannot guarantee you will be successful.

11.7 If we receive a damaged package, the package and device (if we received it) will be returned to you so that you may claim for the loss directly from Royal Mail. By sending the package back to you we do not guarantee that the claim will be successful and we will not have any liability for any claims which are refused by external parties. For more information about making claims with Royal Mail, please visit www.royalmail.com.

Please note: Royal Mail recently introduced new guidelines about sending products containing lithium batteries. To find out more please ask at your post office or visit www.royalmail.com.

11.8 If we return your device, we use Royal Mail 48®Tracked Service at our cost (unless specified otherwise). If Royal Mail cannot deliver the device, we will ask them to return it to our registered office and we will contact you to check your address. Once we receive confirmation that the address is correct we will resend the device.
If a device is returned to us for a second time or if we have emailed you and we do not receive a response within 14 days, we will treat the device as our property, retain it and recycle it or process the sale under the “Reduced Price” process as applicable. If the “Reduced Price” process applies, the estimated purchase price used will be the price which applies on the date we receive the second return, or the fourteenth day after we have contacted you.

12 Liability

12.1 If you are a consumer, we are not responsible for any of your 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.

12.2 If you are not a consumer, we will not be liable to you for any business losses or loss or corruption of data or any loss or damage that is not foreseeable.

12.3 Your statutory rights are not affected by these terms and conditions, and nothing in these terms and conditions limits our liability for death or personal injury caused by our negligence, our fraud or fraudulent misrepresentation or any other matter which cannot lawfully be limited or excluded.

13 Forming the contract

13.1 Your completion of the order form is an offer to us to purchase the device. The contract between us and you is formed, subject to these terms and conditions, when we confirm receipt of your order form. The contract between you and us is conditional upon us receiving the device and it (and you) complying with these terms and conditions. The estimated price may be varied as set out in these terms and conditions.

13.2 Our contract with you will terminate or expire when we buy, recycle or return your phone in accordance with these terms and conditions.

13.3 If you are a consumer, you may cancel your contract with us without charge at any point up until you send the device to us. After this point you may not cancel your contract with us (but it may be terminated or expire as provided for in these terms and conditions).

14 Events outside of our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contact with you that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.

15 General

15.1 These terms and conditions are governed by English law and claims in relation to our contract with you are subject to the jurisdiction of the courts of England and Wales.

15.2 If you need to contact us in relation to our contract with you, please use the methods set out in these terms and conditions. If we need to contact you, we may do so using any of the contact details you provided to us, including in your order form.

15.3 If a court finds part of our contract with you unenforceable, the rest will continue in force. Each of the paragraphs of these terms and conditions 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.

15.4 This contract is between you and us. You may not transfer any of your rights or obligations under your contract with us without our prior written consent. We may transfer our rights and obligations under this contract at any time (although we will let you know and will ensure that this does not affect your rights under your contract with us). No person other than you and us shall have any rights to enforce any of the terms of this contract.

15.5 Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking our contract with you, 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.

16 Complaints

16.1 If you have any complaints regarding our service, please contact us using the contact details provided at 3.1 above or send an email to us at myswitchup@exertis.co.uk.

17 HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1 We will use your personal information in accordance with the Privacy Statement which can be found at https://www.myswitchup.co.uk/privacy-policy

18 OTHER IMPORTANT TERMS

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

18.2 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.

18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.4 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.

18.5 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.

18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7 We may change these terms and conditions at any time and such changes will take effect when posted on the website in respect of all transactions entered into from such time.

These terms of sale contain important information about your rights and obligations and your access to and use of this website and/or the Services as well as liability limitations that may apply to you.

This page (together with the documents referred to on it) tells you the terms and conditions on which any of the products (“Products”) listed on this website is supplied. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

  1. Information about us

This site is operated by Exertis (UK) Ltd, a company registered in England and Wales under company number 1511931 and with our registered office at Technology House, Magnesium Way, Hapton, Burnley, Lancashire. BB12 7BF. Our VAT number is GB864438791 .

  1. Your status

By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts

(b) you are resident in the United Kingdom

  1. How the contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation. The parties to a Contract are you and Exertis (UK) Ltd.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

  1. Consumer rights

4.1 You may cancel an Order at any time within fourteen working days, beginning on the day after you received the Products. It is your responsibility to take reasonable care of the Products. The Products must be in the best possible condition and with their original, undamaged packaging along with any manuals, accessories, free items and any other components. The Products must not have been used or installed or had any data inputted. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below). “Working days” means all days other than Saturdays, Sundays and public holidays.

4.2 To cancel an Order, you should contact us by telephoning our customer support team on 0345 013 0388 (available between the hours of 9 – 5:30 Mon to Fri, excluding bank holidays) or by writing to us at email: myswitchup@exertis.co.uk. You will then be informed of details regarding the return of the Product(s) and how you should return these to us. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4.3 Details of how to exercise your right to cancel your order are provided in the Despatch Confirmation email. This provision does not affect your other statutory rights as a consumer.

  1. Availability and delivery

5.1 The following conditions apply:

  1. Delivery will be made to the UK only via a next working day, 48hr or 72hr delivery service (dependant on postcode area). Orders will be despatched within 30 days of placing your order subject to stock availability (you will be notified in this instance).
  2. Shipment will be made via courier and is only available Monday to Friday, generally between the hours of 08:00am to 18:00pm.
  3. There must be someone present at the delivery address as a signature is required on receipt of goods.
  4. Weekend and bank holiday deliveries are not available.
  5. Parcels cannot be left in a safe place or with a neighbour for insurance purposes.
  6. Damages must be reported within 24 hours by telephoning our customer support team on 0345 013 0388 (available between the hours of 9 – 5:30 Mon to Fri, excluding bank holidays) or by writing to us at email: myswitchup@exertis.co.uk.
  7. On your delivery day, you will receive an email notification confirming your courier tracking details along with a link to our courier’s website. Here you will be able to track and rearrange your delivery if required.
  8. If there is no one available to take receipt of your order on your delivery date, our courier will aim to reattempt delivery on the following working day. Please note, should the second attempt fail your item will be returned to us automatically and your order cancelled. In these circumstances please contact us urgently by telephoning our customer support team on 0345 013 0388 (available between the hours of 9 – 5:30 Mon to Fri, excluding bank holidays) or by writing to us at email: myswitchup@exertis.co.uk.
  9. If you require any further assistance, please contact us by telephoning our customer support team on 0345 013 0388 (available between the hours of 9 – 5:30 Mon to Fri, excluding bank holidays) or by writing to us at email: myswitchup@exertis.co.uk.
  10. Please note where an additional card payment is made, your order must be shipped to the billing address associated with your payment card.

5.2. In addition, please note the following shipping information for Television orders (55” screen size & above only) applies: –

  1. Delivery will be made to UK Mainland areas only.
  2. Delivery will be made via a specialised TV delivery courier service and we will contact you upon processing of your order to arrange a suitable delivery day.
  3. Delivery will be available Monday to Friday only.
  4. Delivery will be made to the ground floor of your property only.
  5. Please note if any additional shipping restrictions apply, which may be dependent on your shipping address, we will notify you upon receipt of your order.

5.3 Once you have placed an order, we will process the order to the point of Delivery.

5.4 We will deliver the Products to the premises you specify. We will not deliver the Products to your premises unless there is someone present to accept them. Delivery of the Products does not include installation.

  1. Risk and title

6.1 The Products will be your responsibility from the time of delivery.

6.2 Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including delivery charges.

  1. Price and payment

7.1 The price of the Products will be as quoted on our site from time to time, except in cases of obvious error. The price quoted on the site for Products does not include delivery charges.

7.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.4 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

7.5 If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

7.6 Save as set out in 7.7, payment for all Products must be by credit or debit card and is collected by Exertis (UK) Ltd. We accept payment with Visa Debit, Visa Credit, Visa, MasterCard and Maestro cards. Your credit or debit card will be charged at or shortly after the time you place your order.

7.7 VOUCHER CLAUSE

Upon registration of your Voucher redemption account, your Vouchers will be available for use as payment or part payment towards products as are currently available on the Switch-Up Voucher Redemption Portal.

To use your Voucher as payment towards your purchase order, the following points will apply:-

  1. You must be logged into your Redemption Account to view your available Voucher Balance and must hold a current balance of at least £0.01 to make a purchase.
  2. Voucher amounts can be used to make a purchase on the redemption portal and will be deducted from your total Voucher balance in order of their date of allocation to your redemption account.
  3. When placing an order, you will be required to utilise your entire current Voucher balance towards the total value of the item(s) being purchased. Please refer to the examples shown at point 7.7(f) for clarification on this point.
  4. Your Vouchers can be used to cover your shipping costs if there is sufficient Voucher balance available to cover your entire purchase in full, including shipping costs, in a single transaction.
  5. If you do not have enough Voucher balance available to purchase a higher priced item, you can make an additional payment (via Visa, Visa Debit, Mastercard and Maestro card payment methods only) for the difference between the outstanding amount and your Voucher balance. Please refer to the following examples: –
  6. Please Note – In the below two examples the customer holds a current Voucher balance of £200.

Example 1 – Vouchers balance is less than the purchase price of item. Item to be purchased is £250 including shipping costs, the full Voucher amount of £200 would be allocated against the purchase price requiring an additional cash payment of £50 to be made.

Example 2 – Voucher balance is more that the purchase price of item. Item to be purchased is £150 including shipping costs, the full amount of £150 in Voucher would be allocated towards the transaction, which would leave a remaining Voucher balance of £50 and no additional cash payment would be required. The remaining Voucher balance of £50 would then be subject to the expiry period limitation as detailed above at point 5.

  1. Our returns policy

8.1 If you return a Product to us:

(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible after we receive the return delivery of the Product from you. In this case, we will refund the original payment value made in respect of the discounted price of the Product after your Voucher was applied and less any delivery charges. It is your responsibility to return any product under this clause. 

(b) for any other reason (for instance, because you have notified us in accordance with clause 18 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of any applicable refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.

8.2 Subject to clause 8.3 below, if you believe that a Product you have ordered from us is defective, you should contact us by telephoning our customer support team on 0345 013 0388 (available between the hours of 9 – 5:30 Mon to Fri, excluding bank holidays) or by writing to us at email: myswitchup@exertis.co.uk.The Customer Support Team will advise you of the appropriate steps to take. If you notify us within 30 days of delivery of the Product that the Product is defective, you will have the option to select; a repair, an exchange or a refund. If a fault is found after 30 days of delivery of the Product, we will, at our discretion either repair or replace the Product and deliver the repaired or replacement Product to you, or provide a refund.

8.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the product must be in an ‘as new’ condition and if possible with the original packaging.

8.4 We will usually make any refunds using the same method originally used by you to pay for your purchase . For the avoidance of doubt, Voucher refunds will be refunded back to the Redemption Account used to place the relevant order and your refunded Voucher amount will continue to have the originally allocated validity period as if this amount had not been redeemed by the cancelled order.

8.5 We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on the site are intended for domestic use and not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.

8.6 This Returns Policy does not affect your statutory rights.

  1. Warranty

9.1 We warrant to you that any Product purchased from us through our site will, on delivery and for the following 30 days, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

  1. Our liability

10.1 Nothing in this agreement excludes or limits our liability for:

  • death or personal injury caused by our negligence
  • fraud or fraudulent misrepresentation
  • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982
  • defective products under the Consumer Protection Act 1987
  • any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

10.2 Subject to clauses 10.1 and 10.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.

10.3 Subject to clause 10.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

  • loss of income or revenue
  • loss of business
  • loss of profits
  • loss of anticipated savings
  • loss of data or
  • waste of management or office time.

However, this clause 10.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 10.3

  1. Written communications

11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. Notices

12.1 All notices given by you to us must be given to Exertis (UK) Ltd, Technology House, Magnesium Way, Hapton, Burnley, Lancashire. BB12 7BF

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  1. Transfer of rights and obligations

13.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

  1. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  • impossibility of the use of public or private telecommunications networks
  • the acts, decrees, legislation, regulations or restrictions of any government and
  • pandemic or epidemic.

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  1. Waiver

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

  1. Severability

16.1 If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

  1. Entire agreement

17.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

  1. Our right to vary these terms and conditions

18.1 We have the right to revise and amend these terms and conditions from time to time.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

  1. The site

19.1 We own or are licensed users of all intellectual property rights in the site and all material and content on the site. You may use this site and the materials and content on the site for personal, non-commercial use only. All other use or reproduction of the site or materials or content on the site is strictly prohibited.

19.2 The site is provided on an ‘as is’ and ‘as available’ basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to the site. We make no warranty that the site will meet your requirements or will be uninterrupted, timely or error-free or that the site or the server that makes it available are free of viruses or bugs.

  1. Data Protection

20.1 Your data protection rights are set out in our Privacy Policy, available on this website.

  1. Law and jurisdiction

21.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  1. Third party rights

22.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

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