Terms and Conditions

Terms and Conditions of Sale
Online Mobiles Limited t/a HyperMobile

Welcome to www.hypermobile.co.uk (“the Website”).

These Terms and Conditions of Sale (together with our Privacy Policy) tells you about us and the legal terms and conditions (Terms) on which we sell any of the mobile phones and mobile phone accessories (Goods) listed on our website (our site) to you.

These terms will apply to any contract between us for the sale of products to you and will be referred to as the Contract. By ordering Goods, you agree to be bound by these Terms and the other documents referred to in them.

If you buy a product from this website you are entering into a contract with Online Mobiles Limited for the supply of the Goods and a contract (“Network Contract”) with the relevant network provider (“Network Operator”) for the supply of telecommunications or data services provided by that Network Operator (“Services”). You should print a copy of these Terms and the Network Operator’s terms or save them to your computer for future reference.

We amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.

1.Information about us
1.1This Website is owned and operated by Online Mobiles Limited (“us”, “we” and “our”). Online Mobiles Limited is a company registered in England with number 10418141 whose registered office is at 16 Southgates Road, Great Yarmouth, Norfolk, NR30 3LJ. Our VAT number is 291 8974 46.
1.2To contact us, please see our Contact Us page at www.hypermobile.co.uk/contactus. Our call centre can also assist you with any order related queries and are available Monday to Friday 9.00am – 5.30pm on 0345 154 1000.
1.3If we need to contact you, we will do so by telephone or in writing at the email address and/or postal address provided to us at the time of your order being placed.
2.Use of our website
2.1These terms and conditions govern your use of this Website. Please read these carefully before using this Website. Your use of this Website indicates that you accept these terms. If you do not agree to these terms you must not use this Website.
2.2Whilst we endeavour to ensure that this Website is normally available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
2.3Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
2.4Whilst we endeavour to ensure that the information on this Website is correct and updated, we do not warrant the accuracy and completeness of the material on this Website.
3.Our Products
3.1Goods may vary slightly from their pictures. The images of the Goods on our site are for illustration only. We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods themselves. Your Goods and their packaging may vary slightly from those images.
3.2Although we have made every effort to be as accurate as possible, all weights, sizes, capacities, dimensions and measurements quoted on our Website are approximate and may vary.
3.3All Goods shown on our site are subject to availability. We will inform you by email as soon as possible if the Goods you have ordered are not available and we will not process your order.
3.4We may withdraw any product. We may write to you to let you know if we are going to stop providing a product that you have ordered. We will endeavour to let you know promptly in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
4.Submitting an order
4.1You may only purchase Goods from this website if you:
4.1.1Provide your real name and correct address, phone number, email address, payment details and other required information.
4.1.2Are at least 18 years old.
4.1.3Provide a delivery address in the mainland United Kingdom (as an anti-fraud measure we will only deliver to your home address as used to verify your credit/debit card).
4.1.4Are the user or authorised holder of a valid debit/credit card to purchase the product(s) or Services if paying with a debit/credit card; and are registered with a Payer Authentication Scheme such as Verified by Visa and/or MasterCard Secure Code if paying with a Visa or MasterCard.
4.2You may only purchase Services from the Network Operator if you meet their eligibility criteria.
4.3You may place an order by clicking on the “Buy now” and/or “Add to basket” button and proceeding to the checkout page.
4.4It is your responsibility to ensure that the Goods you purchase are compatible for their intended use. Where a Service is ordered with a product we recommend that you check that satisfactory network airtime service is available in the areas that you intend to operate the product.
5.The contract between us
5.1By ordering a Contract Phone or SIM Only, you are making an application to the Network Operator for them to provide the Service to you.
5.2During the order process you can check and amend any errors before submitting your order to us. Please take the time to do so at each page of the order process.
5.3After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4 and will be subject to you passing our security checks which may include, without limitation, requiring proof of your address and identity.
5.4Our acceptance of your order for Goods and the formation of the contract of sale between us and you will take place when we send you an email that confirms that the products have been despatched (“Order Despatch”). The Network Contract will be formed when we connect the Contract Phone or SIM Only to the Network, which will be immediately prior to us sending the Despatch Confirmation.
5.5You have the option to cancel your order at any stage before we have sent the Order Despatch by contacting our call centre.
5.6If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price as referred to in clause 7.5, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
5.7If you place an order for Goods and Services and the Network Operator declines your order for Services because you do not satisfy a Network Operator’s credit checking requirements or the Network Operator refuses to enter into a Network Contract with you for some other reason and we are unable to alter this decision we may cancel your order for products. If we choose to cancel your order, we will let you know about this by email and/or telephone.
5.8Should the products and/or Services not be available within 60 days of the Order Confirmation, we reserve the right to cancel your order and refund any payment made by you in full as soon as possible.
6.Pre-orders
6.1A pre-order is a statement of interest from you towards the pre-order Goods. After having received your pre-order, we will send you an acknowledgement email (“Pre-order Confirmation”) with your order number and details of the pre-order Goods. The Pre-order Confirmation is not an acceptance of your order.
6.2When the pre-order Goods are available we will send you an email (“Order Confirmation”) informing you that we are now processing your order and releasing it for delivery. Acceptance of your pre-order and the formation of the contract of sale between us and you will take place as stated in clause 5.
6.3If you are paying with a debit/credit card, we will not charge this when you place the pre-order. The payment card will be charged on despatch of the ordered Goods as described in clause 8 below.
6.4Pre-orders are subject to availability and will be processed in strict order of receipt.
6.5All pre-orders are subject to availability. There may be unforeseen delays in launching the pre-order products and in these instances, we will make all reasonable attempts to inform you of the delay.
6.6Any launch date displayed on this website is indicative only and may change.
6.7You have the right to cancel your pre-order at any time until the order is released for despatch and you have received the Order Despatch.
6.8If the product you have pre-ordered is not released or does not become available within 60 days (commencing the day after you ordered the product) (“Pre-order Expiry Date”), we shall contact you by email or phone.
6.9All pre-orders that are accepted by us (at our sole discretion) shall be subject to these Terms.
7.Pricing of products & Delivery charges
7.1The prices of the Goods will be as quoted on our site at the time that the order is placed and will be set out in the Order Confirmation.
7.2Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with a Despatch Confirmation.
7.3The price of the Goods includes VAT (where applicable) at the applicable current UK rate.
7.4The price of the Goods does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
7.5It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced or the wrong information may be given in relation to Network Contracts, Tariffs or promotions (an Error). If we discover an Error, we will inform you and will give you the option of continuing with your order based on the correct information or cancelling the order. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8.How to pay
8.1You can only pay for Goods using a debit card or credit card approved by us as indicated on this Website. You must supply your card details when you place your order.
8.2Your payment card will be charged at the time of order for the full purchase price, except in the case of a Pre-order, see clause 6. Should your order be cancelled, or subsequently returned following our returns process, then a full refund will be applied to your card. Please allow 3-5 working days for this refund to show.
8.3We will not supply the ordered products to you until your card issuer has authorised the use of your card for payment of the ordered products.
8.4We may use Verified by Visa and MasterCard Secure Code to provide additional security checks when processing your order. If you decline to register with either of the above Payer Authentication Schemes when prompted, we reserve the right to decline your order.
8.5We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
9.Delivery
9.1The costs of delivery will be as displayed to you on our website.
9.2Your order will be fulfilled on or around the estimated delivery date set out in the Despatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.3Delivery will be completed when we deliver the Goods to the address you gave us.
9.4If you are not available to take delivery, we will make the Goods available for collection by you and will let you know where they can be collected from and for how long they will be kept there. If you do not collect the Goods within the relevant period they will be returned to us. Re-delivery can be arranged by contacting our customer services department and will be subject to payment by you of additional delivery charges.
9.5The Goods will be your responsibility from the completion of delivery.
9.6By placing an order, you are authorising us to accept signature from another person on your behalf if you are not present at the time of delivery.
9.7You own the Goods once we have received payment in full, including all applicable delivery charges except that you will only own a Contract Phone or SIM Only at the end of the minimum term as specified by the Network Operator in the Network Contract.
9.8Unfortunately, we do not deliver to addresses outside the UK.
9.9You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
9.10We encourage you to examine the delivery package and received products within a reasonable period after they are delivered to you and check their condition and that the delivery package is unopened and the content of the delivery package is complete. It is your responsibility to notify us as soon as possible, that packaging has been damaged in transportation, or the delivery is incomplete. For information on our returns policy see clause 11.
10.Title to Products
10.1We retain full legal title to Goods until we have received in full all amounts due on the ordered Goods, including all applicable delivery charges.
10.2We only agree to sell or supply Goods to you on the basis that you enter into a Network Contract, adhere to the terms and conditions of that Network Contract and pay the Network Operator all airtime bills as specified within the Network Contract for the agreed minimum term of the Network Contract.
10.3If you do not comply with the terms of your Network Contract at any time during the agreed minimum term of the Network Contract, the Network may recover from us any subsidies that it has paid to us for your product. If this happens, we may charge you the cost of the product as if it had been supplied to you on a SIM free basis (without a Network Contract) and we may debit your credit or debit card on the basis that the product was supplied to you on a SIM free basis. Once this payment has been received we will then credit your original VAT/tax receipt and re-issue to you a new SIM free product receipt.
10.4We reserve the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in the Goods and to enter your premises and repossess the Goods (or instruct a third party to do so), if payment is not made, or if the debit/credit card company declines payment or requires us to return any payment made for the products, for any reason.
11.Returns
11.1You have 14 days, starting the day after the Goods came into your possession, in which to notify us of your intention to cancel your Network Contract due to change of mind. If we receive notification outside of the cancellation period, you will be liable for the full contracted term and the cost of the Goods.
11.2If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or get the product repaired or replaced).
11.3To cancel a contract in accordance with your legal right to do so, you must contact us in writing by sending an email to customercare@hypermobile.co.uk or by sending a letter to the address as set out in clause 1.
11.4You must return the Goods without undue delay, and in any event not later than 14 days after the day on which you informed us of your wish to cancel your Network Contract. Failure to return the Goods within the stated time period will result in your Network Contract remaining active, and you will be liable for the full contracted term and the cost of the Goods.
11.5We can only cancel your Network Contract once the returned Goods have been received by us.
11.6We will pay the costs of return if:
11.6.1The products are faulty or not as described.
11.6.2You are ending the contract because we have told you of a change to the product, these terms, an error in pricing, a significant delay in delivery or because you have a legal right to do so as a result of something we have done wrong.
11.7Excluding the above, in all other circumstances (including change of mind), you must pay the costs of return.
11.8If the Goods are lost or damaged in transit, you will be liable for the cost of replacing them. We recommend using a recorded and insured delivery service.
11.9You are responsible for returning the Goods in pristine resalable condition, including:
11.9.1the original box and packaging which must remain undamaged;
11.9.2the original charger and all other accessories included;
11.9.3any supplied headphones must be unused in sealed packaging;
11.9.4removal of any pin locks or passwords.
11.10Minor damage to the mobile phone will be charged to you at 30% of its value. Significant damage to the mobile phone will be charged to you at its full value. Missing or damaged accessories will be charged to you at their full value. A missing or damaged box will be charged to you at 30% of the mobile phone’s value. All values are calculated based on the manufacturer’s RRP at the time of your purchase.
11.11A decision on whether Minor damage or Significant damage has occurred is at our sole discretion, although we will act reasonably in reaching this decision.
11.12If you bought an insurance policy at the point of purchase, it will be cancelled by us when your Network Contract is cancelled. Any additional services that were bought or included at the point of purchase will not be cancelled with your Network Contract. Please cancel these directly with the service provider.
12.Exchanges & Repairs
12.1Goods that are reported as faulty within 30 days of the date of your delivery will be exchanged free of charge by the manufacturer or by ourselves.
12.2We will endeavour to provide a like-for-like replacement for your Goods. Where we’re unable to, we will provide as close a match as possible.
12.3Goods that are reported as faulty after 30 days of the date of your delivery, and within the term of the manufacturer warranty, will be exchanged or repaired by the manufacturer or our Repair Partner.
12.4For the Goods to qualify for an exchange or repair under the manufacturer warranty, they must have developed a manufacturer fault, and be determined as such by ourselves or our partners.
12.5Wilful or negligent damage to the Goods does not qualify for an exchange or repair under the manufacturer warranty, including damage from water, impacts or otherwise.
12.6For the Goods to qualify for a non-faulty exchange, they must be returned in pristine condition, along with the original box, accessories and the headphones (where included) unopened and unused, as per the conditions in clause 11.9.
12.7We reserve the right to charge an Assessment Fee of up to £30 for the assessment of the Goods for exchange or repair by ourselves or our partners.
12.8If a manufacturer fault is identified by ourselves or our partners, your postage costs will be refunded upon request, and you won’t be charged the Assessment Fee.
12.9If a manufacturer fault cannot be identified by ourselves or our partners, you will be liable for the Assessment Fee and the Goods will be returned to you.
12.10If any wilful or neglectful damage to the Goods is determined, even if we or our partners also identify a manufacturer fault, you will be liable for the Assessment Fee and the Goods will be returned to you.
12.11If the Goods are returned for a non-faulty exchange and meet the criteria set out in clause 12.6, you won’t be charged the Assessment Fee. Non-faulty exchanges do not qualify for a postage refund.
12.12If the Goods are returned for a non-faulty exchange and do not meet the criteria set out in clause 12.6, you will be liable for the Assessment Fee and the Goods will be returned to you.
12.13To return your Goods in the case of a Network Contract cancellation, exchange or repair, you must call us on 0345 154 1000.
12.14Once your return is booked, please pack the Goods in their original packaging and return them to Online Mobiles Limited Returns, Data Select, 136 Edinburgh Avenue, Slough, Berkshire, SL1 4SS.
13.Manufacturer Guarantees & Warranties
13.1Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
13.2If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described.
13.3Extended warranties and insurance for the Goods may be available.
14.Insurance
14.1Our Mobile Phone Insurance is provided by Pier Insurance who are authorised and regulated by the Financial Conduct Authority. Registration Number 311798.
14.2Where you have purchased Mobile Phone Insurance, please refer to the separate Mobile Phone Insurance Terms & Conditions.
15.Our right to end the Contract
15.1We may end the contract if you break it. We may end the contract for Goods at any time by writing to you if:
15.1.1you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you;
15.1.2you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods;
15.1.3you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
15.2You must compensate us if you break the contract. If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur because of your breaking the contract.
16.Network Disconnection
16.1If you have returned a product supplied and connected to a Network Operator contract, we will upon receipt of the returned handset (within the period specified in our return policy and adhering to clause 11), arrange for the Network Operator to disconnect the airtime service. You will be charged for any calls that were made whilst the phone or device was in your possession, plus a proportionate line rental charge for the period between the time of connection and disconnection. These charges will be taken by direct debit directly by the Network Operator.
16.2Where you have requested disconnection within 14 days due to change of mind, the Network Operator may at their discretion decide to not charge you for that period.
17.Our Liability
17.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3Please note that your contract for the supply of the Service is with the Network Operator and not with us and we will not be responsible for any problems you experience with the Service.
17.4We do not in any way exclude or limit our liability for:
17.4.1death or personal injury caused by our negligence; fraud or fraudulent misrepresentation;
17.4.2any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.4.3any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
17.4.4defective products under the Consumer Protection Act 1987.
18.Your Responsibilities
18.1You may only use this Website in accordance with these terms and conditions. In particular you agree to use this Website only for lawful and proper purposes and:
18.1.1Not to post or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive or otherwise unlawful or objectionable;
18.1.2Not to do, cause or permit anything to be done that may infringe our intellectual property rights or those of third parties;
18.1.3Not to do, cause or permit anything to be done which infringes the privacy rights of any third party;
18.1.4Not to do, cause or permit anything to be done that may be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmless data);
18.1.5Not to make any unauthorised, false or fraudulent booking;
18.1.6Not to alter or modify any part of this Website.
18.2Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary and we shall be free to use such material as we see fit, including copying, disclosing, distributing, incorporating and otherwise using such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
19.Circumstances and Events outside of our control
19.1We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, and acts or omissions by third parties including the Network or the courier we appoint to deliver the Goods.
19.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20.How we use your Personal Information
20.1We only use your personal information in accordance with our Privacy Policy. For further details of this, see our Privacy Policy.
20.2We will comply with the General Data Protection Regulation (GDPR) in respect to your personal information.
21.Links to and from other websites
21.1We may provide links to other websites (including those of our contractual partners).
21.2If you use links to third party websites on this Website you will leave this Website. We do not control and are not responsible for these websites or their content or availability. Accordingly, we do not make any representations about them, or any material found there, or any results that may be obtained from using them.
21.3Whilst we will do our best to help you in any dispute that arises between you and a third party we cannot be responsible for any loss or damage. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
22.Our right to vary these Terms
22.1We may change our terms:
22.1.1to reflect changes in relevant laws and regulatory requirements;
22.1.2to reflect changes in the manufacturer’s specification;
22.1.3to implement minor technical adjustments and improvements.
22.2Every time you order products from us, the Terms in force at that time will apply to the contract between you and us.
22.3We may vary these Terms from time to time. Unless you have placed an order for products we do not have to notify you of any changes to the Terms.
22.4The Terms that will apply to any order you make for products are the Terms that you accept at the time you place your order.
23.Copyright & Trademarks
23.1Unless otherwise stated, the following are owned by us or our licensors:
23.1.1The copyright, database rights, trademark rights and other intellectual property rights in the contents of this Website (including without limitation all design, text, graphics, audio, video or image files and program code).
23.1.2The organisation and layout of this Website together with any underlying software code.
23.2You may print and download extracts from this Website for your own personal use. You may not modify, alter, republish, redistribute, resend, sell or broadcast any material on this Website to any other party or make such material available on-line or make the same available in hard copy or on any other media without our prior written permission.
23.3If you breach any of these terms your permission to use this Website automatically terminates and you must immediately destroy any downloads or printed extracts from this Website.
24.Other Important Terms
24.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
24.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, but we will not unreasonably withhold our agreement.
24.3This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
24.4Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect and the unlawful or unenforceable terms will be changed to the minimum extent necessary to make them lawful and enforceable.
24.5If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.6These Terms and the Contract for the purchase of the Goods are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Version 2, last modified 17th April 2018