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Term & Conditions

In the following Terms and Conditions:

"Equipment" means equipment including Mobile Phone, Smart Phone, Digital Camera, Tablet and Laptop  that is purchased from the seller;

"Mobile Phone" means a cellular telephone or other device which incorporates a SIM Card

"Network" means the mobile telecommunication system run by your Network Operator;

"Smart Phone" means PDA, MDA, XDA, Blackberry, iPhone and similar devices and any accessories included in the price of the smart phone.

All orders from the buyer  accepted by Me Mobile (“the seller” are subject to the following conditions and no alterations proposed by the buyer shall be binding unless the seller agrees in writing:

1. ORDERS AND SPECIFICATIONS

1.1. The seller shall not be deemed to have accepted an order for equipment unless the seller or person authorized by the seller confirms the said order;

1.2. It shall be the responsibility of the buyer to ensure that the equipment that the buyer intends to purchase is of the correct specification for its intended use and location;

Provided that, without prejudice to clause 1.2, the seller reserves the right to make changes in the specifications of the equipment:

i. to conform with any applicable safety or other statutory requirements; or

ii. to reflect changes in the manufacturer's specification.

1.3. The seller also reserves the right to make any other necessary changes in the specification of the equipment, which changes shall not however materially reduce the quality or the performance of the equipment.

2. PRICE OF EQUIPMENT

2.1. Subject to Clause 2.2, the price of the equipment shall be the price listed in the seller’s published price list current at the date the seller accepts the order.

2.2. If within 7 days of the date of purchase of a Mobile Phone the buyer is able to purchase the same Mobile Phone, brand new at a cheaper price from another approved direct dealer then the seller may refund the buyer the difference in the price that is paid extra by the buyer to the seller for the equipment;

Provided that the buyer provides to the seller a copy of a current advertisement or price tag for verification at the time of the claim;

Provided further that the buyer shall be entitled to be refunded of the said difference in price only in the following cases:

i. when the equipment is a Mobile Phone.

ii. when the Mobile Phone that the buyer claims to be at a cheaper price is readily available and in stock at the place where the Mobile Phone may be purchased at a cheaper price;

2.3. Clause 2.2. shall not apply in relation to equipment that is subject to a special promotional or other tied offer which the seller or any other company are offering;

2.4. Refund is by discount or cheque.

3. TERMS OF PAYMENT

3.1. Subject to any special terms agreed in writing between the seller and the buyer, the buyer shall pay for the price of the equipment either upon collection or at the time of delivery as the case may have been agreed upon;

3.2. Whenever the buyer fails to effect payment on the date that it is due, then, without prejudice to any other right or remedy, the seller shall be entitled to:

i. Cancel the agreement entered into between the seller and the buyer; or

ii. Suspend any further deliveries to the buyer.

4. RISK AND PROPERTY

4.1.The safe-keeping of the equipment becomes the responsibility of the buyer either at the time of its collection or of its delivery, as the case may be;

Provided that the seller shall retain ownership of the equipment until the seller receives in cash, or cleared payment in full for the price of the Equipment.

4.2. The buyer shall in the case mentioned in the proviso to the preceding clause hold the equipment on behalf of the seller and shall be responsible for its safe-keeping and for its identification as the seller’s property;

4.3. The seller shall also be entitled to demand and obtain from the buyer the equipment over which the seller still has a right of ownership;

5. WARRANTIES AND REPLACEMENTS

5.1. Subject to the following clauses, the Equipment is sold with the benefit of and subject to the terms applicable to the warranty or guarantee as is offered by the manufacturer of the Equipment;

5.2. Clause 5.1 shall not apply in the case of:

i. defects resulting from wear and tear; or

ii. rain, water or other liquid damage; or

iii. accidental or wilful damage; or

iii. negligence; or

iv. abnormal working conditions; or

v. failure to follow the manufacturer's instructions; or

vi. misuse or alteration or repair of the Equipment without the manufacturer's approval.

5.3. The warranty or guarantee shall not apply in relation to the purchase by the buyer from the seller of second-hand equipment; 

5.4. Clause 5.1 shall only become applicable at the time of payment to the seller by the buyer;

5.5. Other than as expressly provided in these Terms & Conditions, and except where the Equipment is sold to a person dealing as a consumer, the seller excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Equipment, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.

5.5. Subject to Clause 5.6, if a valid warranty claim is made within the  applicable warranty period, the seller shall replace or repair the Equipment free of charge.

Provided that the equipment is delivered to the seller by hand.

5.7 After the expiry of the warranty period, the seller shall make a charge for either of these remedies.

5.8. The seller, or the manufacturer, as the case may be, reserve the right to fulfill the obligations listed in the preceding clauses by means of a refund of the full price of the equipment or of a part thereof;

Provided that in any such case the price to be refunded shall the price at the present market value.

5.9. Other than as set out above, the seller shall be under no other obligation to exchange, repair or replace the Equipment or provide any refunds.

5.10. It shall be the responsibility of the buyer to back-up any data that is stored by the buyer in the equipment prior to the commencement of any repairs;

5.11 The seller shall in no case be responsible for the back-up of any data, which is stored by the buyer in the equipment prior to the commencement of any repairs and the buyer acknowledges that any such data may be lost during the repair and will be lost if the Equipment is exchanged.

5.11. The provisions of these Clauses  do not affect the buyer’s statutory rights.

6. LIABILITY

6.1.6.2. The seller’s liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of the seller’s obligations under these Terms and Conditions and every applicable part of it shall be limited to the amount paid by the buyer to the seller for the Equipment

6.3. In any event, the seller shall not be liable to the buyer under, or in connection with these Terms and Conditions in contract, tort, negligence, pre contract or other representations or otherwise for any loss of business, contracts, costs, expenses, profits or anticipated savings or for any indirect or consequential economic loss whatsoever.

6.4. Each provision of this Clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of our agreement.

7. YOUR PERSONAL DATA

7.1 The seller adheres to the Data Protection legislation that is applicable in Malta at the time of the agreement between the buyer and the seller;

7.2 The seller may hold information that the buyer provides to the seller  or that may be obtained from another source. The information of the buyer may include name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details regarding the use of the seller’s products and services by the buyer together with general information about the method of payment chosen by the buyer and the management of the buyer’s account.

7.3 The information of the buyer may be held and used by the seller, or by any authorized third parties, to:

i. process the buyer’s orders or applications;

ii. administer the buyer’s account and billing;

iii. settle accounts with persons who provide related services to the seller;

iv. disclose the buyer’s data to a bank or debit and credit card companies to validate the buyer’s debit or credit card details;

v. deal with requests, enquiries or complaints and other customer care related activities;

vi. recover debts , or to institute legal actions;

7.2 The information of the buyer may also be used for the purposes of:

i. carrying out market and product analysis to develop and improve, and to inform the buyer about the seller’s products and services,new developments, special offers, discounts and awards which we believe may be of personal interest to you;

ii.  testing the seller’s internal systems and developing new products and services; or

iii. Any other administrative and business purposes

 7.3. The seller may opt to use any automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites

Provided that the buyer has the right to indicate his preference with regards to the means used by the seller;

Provided further that the buyer indicates his preference at the time of the agreement entered into between the buyer and the seller.

7.4. The seller may also inform the buyer about products and services of carefully selected third parties and the buyer may receive advertisements and marketing information of, or with regards to, the selected third party;

Provided that the seller shall not divulge the information of the buyer to the selected third party.

7.5 The information of the buyer may be used in any other case for the purposes of:

 i. passing on data to organisations from which the buyer may have ordered any products and services;

ii. registering the buyer’s details and allocating or offering the buyer with any rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of the seller’s loyalty or reward programmes and other similar schemes;

iii. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on the seller or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or

iv. carrying out activities connected with the running of the seller’s business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of the seller’s business in respect of which the buyer is a customer or a potential customer.

7.4 The seller may disclose any of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:

i. any information relating to the buyer’s contract with the seller including details regarding the management by the buyer of his account with the seller, and the fulfillment or otherwise of his obligations and details regarding the financial information of the buyer;

ii. any information which is covered by the seller’s registration under the Data Protection Act 2001 as amended from time to time; and

iii. any information which the seller is required by a court order or by statutory authority to disclose.

7.5 The seller may carry out anti-fraud and identity checks on the buyer in order to determine whether to accept any of the buyer’s applications and the  information that is obtained in respect thereof may be passed to credit reference agencies and may be used by third parties to assessing applications for credit from the buyer and other members of the buyer’s household and for debt tracing, crime and fraud detection and prevention and credit management purposes.

7.6. The seller may use the information of the buyer for the operation a publicly accessible directory service.

7.7 The buyer has the right to request the seller to provide to him the information that it is being held and used by the seller;

Provided that the seller reserves the right to charge an administrative fee.

7.8 For the information of the buyer, the seller is by law required to divulge to the competent authorities the information of the buyer whenever such authorities are conducting investigations regarding suspected illegal activities;

7.9. The seller may in addition disclose individually identifiable information of the buyer to third parties where a complaint arises concerning any use that is deemed by us to be inconsistent with these terms.

10. GENERAL

10.1. Notices may be sent to the seller in writing by means of registered post to the address of the seller as stated on the order form or otherwise delivered by hand at the same stated address. The seller shall similarly send notices to the buyer in writing by means of registered post to the address of the buyer as provided by the buyer on the application form, or otherwise delivered by hand.

Provided that the seller reserves the right to send notices to the buyer by means of an SMS to the mobile phone number as provided by the buyer to the seller on the application form or via an e-mail to the e-mail address as provided by the buyer to the seller on the application form.

10.2. The seller may choose not to terminate the agreement entered into between the seller and the buyer when the buyer is deemed to have breached the terms of the agreement;

Provided that the seller does not forfeit his right to terminate the agreement when the buyer is deemed to have breached the agreement for the second or other subsequent instances.

10.3. If it is impossible for either of the buyer or the seller to fulfill the obligations entered into under the agreement, the relevant shall not incur any liability for not fulfilling such obligations.

10.4. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.

10.5. This agreement shall be governed by the relevant laws of  Malta and shall be subject to the jurisdiction of the Maltese Courts.

10.6. Each of the Clauses of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

10.7. Phone calls to the seller are subject to the standard rates applicable in Malta at the time when the call is made and may be monitored or recorded.

10.8. Complaints in writing should be addressed to ­Me Mobile, 187, Valley Road, Birkirkara, Malta. 

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