Terms & Conditions
Nokia Lumia 800

Service Terms and Conditions

These Conditions apply to the Services we provide and by requesting the Services, you agree to be bound by the terms and conditions set out below.
The Services comply with appropriate UK legislation and are only available to UK residents for Equipment sold in the UK.

"Best Buy Group" means Best Buy Europe Distributions Limited, together with its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time, including Best Buy Co. Inc. and its affiliates and subsidiary companies from time to time;
"Conditions" means these terms and conditions;
"Equipment" means your promotionally packed Nokia Lumia 800 purchased from us;
“Personal Information” means the details provided by you to us;
"Services" means the services you request under the these Conditions;
“Troubleshoot Services” mean the over the phone troubleashoot Services requested by you in relation to your Equipment by calling 08000490213;
"us/our/we" means The Carphone Warehouse Limited, a company registered in England and Wales under the number 02142673 with registered office located at 1 Portal Way, London W36RS;
"Website" means the website located at www.carphonewarehouse.com or any subsequent URL which may replace it; and
"you/your" means an authorised user of the Services.

A. USE OF THE SERVICES

1. Rights and Obligations
1.1. You undertake:
1.1.1. that the Personal Information which You provide is true, accurate, current and complete in all respects; and
1.1.2. to notify us immediately of any changes to the Personal Information, either by calling us on 0870 087 0870.
1.2. We reserve the right to modify the content or withdraw, temporarily or permanently, some or all of the Services. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for Services, We shall not be obliged to give you notice of any such modification or withdrawal.
1.4. We will do our best to provide the Services in a timely and efficient manner but please note that any estimated time frames for the completion of the Services are estimates only and delays may incur as a result of matters outside of our reasonable control.

2. Your Personal Information
2.1. “We need to collect certain Personal Information to provide you with the Services.
2.2. You agree that we may use, update, share and process your Personal Information in accordance with our privacy policy. Our privacy policy is available upon request by calling us on 0870 0870 168 or online at http://www.carphonewarehouse.com/help/personalinformation
2.3. If you would like us to tell you what information we hold about you please write to: The Data Protection Office, The Carphone Warehouse Limited at PO Box 375, Southampton, SO30 2PU. We may charge a £10.00 administration fee – Please include your full name, address and a copy ID with each request.
2.4. You will have the opportunity to consent to us contacting you by post, e-mail, phone, SMS or MMS about products and services which the Best Buy Group and carefully selected third parties we believe may be of interest to you. You can make changes to your marketing preferences at any time by calling us on 0870 111 6565 or writing to us at us c/o The Data Protection Office, The Carphone Warehouse Limited at PO Box 375, Southampton, SO30. Please note that it may take up to 28 days for such changes to take effect.

B. GENERAL

3. Limitation of Liability
3.1. The Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
3.2. We shall not be liable where we are unable (using reasonable effort) to provide the Services as a result of any event outside our reasonable control.
3.3. Our liability shall not in any event include losses related to any business of a customer such as lost data, lost profits or business interruption.
3.4. We will not be liable for any loss or damage caused by us in circumstances where:
3.4.1. there is no breach of a legal duty of care owed to you by us; and/or
3.4.2. such loss or damage is not reasonably foreseeable.
3.5. We will not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions.
3.6. Nothing in these Conditions shall:
3.6.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
3.6.2. limit your rights as a consumer under applicable UK law.
3.7. Each provision of this clause 3 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply even after this agreement has been terminated or cancelled.

4. Third Parties
4.1. Nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

5. Handling Complaints
5.1. If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:
5.1.1. by calling us on 0800 458 6117;
5.1.2. in writing addressed to: Geek Squad, PO Box 358, Southampton, SO30 2PJ; or
5.1.3. by visiting: www.geeksquad.co.uk/contact, where more details of our complaints process are provided.
5.2. If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

6. Call Monitoring
6.1. Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.

C. TROUBLESHOOT SERVICES
The terms listed below shall have the following meanings in respect of the Troubleshoot Services:

7. Provision of the Troubleshoot Services
7.1. The Troubleshoot Services are offered in respect of all Equipment for which we accept your request to conduct the Troubleshoot Services. The Troubleshoot Services is offered in addition to your statutory rights and Carphone Warehouse’s standard repair and returns policies respectively.
We will provide the Troubleshoot Services with due skill and care and we will use reasonable endeavours to successfully troubleshoot and, if possible, fix, your Equipment over the phone. We can however not guarantee that we will always succeed and when we are unable to fix your Equipment over the phone, we will advise you to take your handset into a Carphone Warehouse store and book it in for repair through our usual process. Full repair terms and conditions apply, which can be found at http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7B5701eb10-b114-11df-6d8b-f20203001e3d%7D
7.2. We reserve the right to change the fault diagnosis of your Equipment upon physical inspection.

8. Restrictions
8.1. We reserve the right to refuse to provide the Service if the Equipment has (without limitation) been subject to dismantling, repairs or modifications not authorised by the manufacturer or any applicable serial or IMEI number has been defaced or removed.
8.2. We reserve the right to refuse to provide the Service if the Equipment has come to the end of its manufacturer’s warranty period.

9. Accessories and Data
9.1. You acknoledge that we may have to reset the manufacturer’s factory/default settings for your Equipment in order to carry out the Service. This might delete any data or settings held on your Equipment. Where relevant, and unless you have signed up to any back-up service that may have been made available to you, you must make sure that you back up any important data (including but not limited to any ring tones, music, pictures, logos, contacts, documents, emails, MMS, SMS, games and software) stored on your Equipment prior to the commencement of the Troubleshoot Services as data may be lost during the provision of the Troubleshoot Services and we cannot accept any responsibility for such loss.
9.2. In the case of a mobile phone which has been unlocked for use on all networks, the resetting of the manufacturer’s factory/default settings may result in the mobile phone being returned to a locked status. You hereby agree that you will be responsible for any fees payable to your network operator to subsequently unlock the mobile phone.

10. Warranties and Limitation of Liability
10.1. We shall not be liable for any failure by you to follow our reasonable advice, recommendations or instructions provided during or after completion of the Troubleshoot Services. Where we have executed a fix to your Equipment over the phone and/or any software held on your Equipment in respect of damage caused by viruses, worms, spyware, adware or Trojan horses, we shall not be held responsible for the recurrence of the damage if you fail to follow our advice in respect of anti-virus installation.
10.2. The provisions of this clause 10 are in addition and without prejudice to the provisions of clause 3 above.