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SELING TERMS AND CONDITIONS

Welcome to Alan Parker's Mobile shop!

BEFORE YOU USE OR ACCESS OUR WEB SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The present terms and conditions (hereinafter "Terms and Conditions") regulate the legal relationship concluded between the MobileShop and the users of the MobileShop web site.

The present Terms and Conditions describe the terms and conditions applicable to your access and use of the web site. This document is a legally binding agreement between you as the user(s) of the web site (referred to as "you", "your" or "User" hereinafter) and MobileShop.

Please review the following basic rules that govern your use and access to the web site. Please also note that your use or access of the web site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions, although you may "bookmark" a particular portion of this web site and thereby bypass this agreement. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.

MobileShop reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at anytime, without prior notice, by updating this posting. Any posted changes are effective immediately and your continued use of MobileShop contents and services constitutes your agreement that you've read these entire Terms and Conditions acceptance that you respect them in their entirety. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, MobileShop grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

I. Application of Terms and Conditions

Your use and access of this web site and making a purchase, placing an order or otherwise shopping on the web site (collectively, the "Site") are governed by all terms related to these Terms and Conditions as well as the Privacy Policy, and any other rules and policies of the Site that MobileShop may publish from time to time. Meanwhile, with regard to your purchases and transactions on the Site, the Terms and Conditions between you as a buyer and MobileShop will be binding upon you. Therefore, we recommend that you read these Terms and Conditions and all relevant additional terms, conditions and information, including, but not limited to, the Privacy Policy, carefully.

If MobileShop has posted or provided a translation of the English language version of the Terms and Conditions, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Site.

II. The Use of the Site

By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the Site, and (b) permitted to receive any products under the laws of the jurisdiction in which you are a resident and from which you use the Site. If you do not agree to (or cannot comply with) this Section, do not use this Site.

All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions.

All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from MobileShop, is strictly prohibited.

While accessing the Site, or using its services, you should not:

a) Post or transmit false, inaccurate, misleading, defamatory, or libelous content (including but not limited to during the registration process and in MobileShop forum);

b) Violate any laws, regulations, third party rights or our policies, such as third party's intellectual property rights;

c) Fail to deliver payment for the products and items purchased by you;

d) Manipulate the billing process of MobileShop, or fail to deliver the payment or fee owned to MobileShop;

e) Undermine the feedback or ratings systems;

f) Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;

g) Distribute viruses or any other technologies that may harm MobileShop and the Site, or the interests or property of other users;

h) Collect information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, in order to reap profits; or

i) Otherwise incur any liability to the Site or MobileShop.

MobileShop reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, including, but not limited to, infringing any third party's intellectual property right, breaching these Terms and Conditions, and incurring any liability to MobileShop. Each User hereby also agrees that in no event shall MobileShop be liable to any User or any third party for any User's inability to use or access the Site.

III. Accounts and Security

You don't have to open an account to make purchases on the Site.  Just click on the buy now button. You will need a paypal account to buy on this site. Paypal is completely secure.

IV. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. MobileShop reserves the right (but not the obligation) to remove or edit any content.

V. Drop shipment

MobileShop calls your attention that, to improve its presence on the market, it entered into contract with Drop shipment Companies. Therefore in case of you make purchases on the Site you may enter contractual relationship with these Drop shipment Companies. If you have questions about these contracts, please contact by writing in the contact menu.

MobileShop calls your attention that, the present Terms and Conditions are applicable to the contractual relationship between you, Mobileshop and the Drop shipment Companies when your access and use of the Site. Accordingly Mobileshop reserves the right to represent the contracted Drop shipment Companies, to organize the convey and the service of the product, and also, in case 7 days return policy, it reimburse the purchase price.

VI. Purchasing on the Site

By clicking the buy now button, you agree to accept and pay for the item(s) purchased.  After buying an item, you will receive a comfirmation email within 1 hour.

Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to MobileShop. All prices include VAT. (where applicable) at the current valid rate. MobileShop reserves the right to express the price exclusive of VAT, however the VAT should be shown separately and should be included in the total price.

MobileShop reserves the rights to change its prices according to the law and business practice. The prices being in Dollars (USD) unless otherwise stipulated. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.

VII. Terms of payments

When click buy now on the Site, you agree to be bound by and pay for that transaction.

Don't commit to a transaction unless you are ready to pay, because all sales are final.
If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don't receive an ownership interest in those items.
Terms of payments to MobileShop are the following:

(Unless special terms of payments are not made in writing)

a) Payment only through PayPal

 

VIII. List of available products

Current list of available products on the Site is consistent with the quantitative status of our products in our warehouses.

All our distributors will update us of product availability on a daily bases.

Current warehouse availability for a particular product buyer will be able to check in a moment of placing an order (this will be the most recent information – quantities will be updated on daily basis).

For any changes or mistakes that can occur outside of our influence and knowledge, MobileShop will not be considered responsible.

If it happens that the ordered product is not available in the moment when customer places his order, the customer will be informed of this by E-mail. If ordered product is still not available after 15 working days from the moment when order was placed, customer has the right to request cancelation of an order.

IX. Shipping – Delivery – Delivery expenses

MobileShop is an official partner of Fedex, TNT and UPS – the world's largest shipping companies. Shipments will have to be charged according to the current and valid charges of these professional Couriers.

Upon receiving the product, the supervision whether the delivered product fully corresponds with the ordering it is solely your responsibility. MobileShop is highly recommending you to check the condition of a package, if there are any damages or shortages in the shipment in general.

In case of any damages, missing content or a part of an order, you are obliged to write everything clearly on the invoice, to specify every shortage or damage and to confirm it with your signature and inform us about it. Also delivery service is obligated to make a note with a signature if the package is delivered damaged in any way.

Shipping and delivery of our products, delivery expenses and a risk during this period is on you. MobileShop offers a possibility to you to insure the entire shipment.

Information about the estimating delivery time can be found on the Site when ordering.

MobileShop calls your attention that these time frames on the Site are general information, and by purchasing you have to acknowledge and agree that in case of any delays in the delivery you have no right to demand compensation for damages, any interest, or order cancelation.

Every order of which payment gets confirmed until CET 12 AM will be processed the same day if the product is available in the warehouse. Delivery time of ordered products is calculated from the moment when preparing the package starts. Preparation of orders is conducted from Monday to Friday.

In case that the ordered product is out of stock, delivery time is extended and MobileShop gives at a possibility to its buyer to delete or cancel their order.

Every shipment is delivered to the address specified by you when placing an order.

Upon receiving of the package you are obligated to make sure that there are no damages on the package. Otherwise, you are responsible to make a written record with your complain at your transportation company office within the time defined by law.

From the moment when a product leaves the warehouse, the risk is transferred to the other party defined with this contract. MobileShop is not responsible for any delays it occurs during delivery of products. In this case you have the right to terminate or cancel your order, however you may accept the new terms of delivery, but in no case you do not have the right to demand compensation or interest or money refund for any delays.

In the case that the ordered product is not delivered within the specified time period, MobileShop has to start an investigation with a transport company that was responsible for delivering the shipment. During this period MobileShop will not make any decisions regarding to this specific customer order.

X. Reclamation Policy

In case of miscarriage you have the right to return goods within a period of 3 days. Please attach the invoice to your reclamation. If you are making reclamation concerning the quality of the product please sent the incorrect product as well. In the case there is a need to prove the claim; we will order another of the same product from the same producer, in original packaging, with references needed to identify the product.

If all of these conditions are not fulfilled, MobileShop will not accept your reclamation.

XI. Return Policy

In case of returns, the product will be sent directly to MobileShop with all transportation costs paid in advance by client.

You are obliged to return the goods to us in the same condition and original package as they arrived (for example: headphones, cables, instructions etc.) without changed references and product serial numbers, and to take reasonable care ensuring that the goods are received by us and are not damaged in transit. Labels and all text on the labels as well as stamps from producers must be intact.

In case of previously agreed non return policy, or not allowed returns, shipment will be sent back to the sender. MobileShop reserves the right to make refunds after 30 days from receiving the sender's address on his own expense.

You have the right to return the goods, or replace it with another product for any personal reason within 7 days. If the ordered product is returned in identical (undamaged condition) MobileShop will refund a full amount of the purchase price to you. If the product is used, certain amount will be deducted from the purchase price.

MobileShop tries to describe all products as accurately as possible. Also, MobileShop cannot guarantee that all data given on the product description are 100% accurate, complete, reliable and error free. For any questions about products that you are interested in, please contact our customer service in order to avoid any misconceptions (about colors, package content etc). If you purchased a product and it still deviates from desired, you can return the product in unused condition with all complete documentation provided with the device. In this case MobileShop will refund money to all its customers in the value of returned equipment but without shipping costs in both ways – this is customer’s responsibility.

Return Postal Address:
***Regarding correct postal address for returning the product please contact our customer service

XII. Warranty and service after purchase

Products sold through the Site are classified into two warranty categories:

WORLDWIDE-WARRANTY – this warranty gives you 12 months of "manufacturer warranty".

With original invoice you are entitled for one year service in an authorized service centre. In a case of improper functioning of the product or malfunction, product is sent directly to the authorized service centre.

If an authorized service centre refuses to accept a product on service, product will be sent back to you at your own expense.

For information regarding warranty and service after purchase, please contact our Customer Support, Monday through Friday, 10:30AM to 04:30PM.

WARRANTY DOES NOT COVER:

Replacements of supplies (batteries, headphones, CDs, memory cards etc.).
Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are asked to take their time and read carefully the instructions for proper use of all products.
If products are stored improperly, and not according to producers instructions and directions.
The failure of other equipment that came in a same package with a product (charger, cables, headphones etc.)
In a case of using incompatible products with a main products (that may cause damages) – all different type of extra equipment that customers can buy separately from the main product in regular stores or super markets.
Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service centre.
Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).
MobileShop is NOT liable in the case of the producer refuses to accept the warranty from any of the reasons stated above.

In the case of the warranty being declined, the producer will make you an offer for the repair of the product. In the case of you refuse this offer; the producer has the right to require its administrative expenses to be covered by you. In the case of you accept the offer; you are obligated to pay a total cost of the repair to the producer.

XIII. Privacy

MobileShop's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms and Conditions by this reference. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

What personal information we collect

When you create your MobileShop ID, register your products, apply for commercial credit, purchase a product, download a software update, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.

When you share your content with family and friends using MobileShop products, send gift certificates and products, MobileShop may collect the information you provide about those people such as name, mailing address, email address, and phone number.

How we use your personal information

The personal information we collect allows us to keep you posted on MobileShop's latest products announcements, software updates, and upcoming events. It also helps us to improve our services, content, and advertising.
We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with MobileShop, you may not sign out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis and customer communications.

XIV. Disclaimers

MOBILESHOP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

MOBILESHOP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOBILESHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MOBILESHOP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MOBILESHOP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOBILESHOP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
MobileShop reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

XV. Limitation of Liability

Except where prohibited by law, in no event will MobileShop be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MobileShop has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, MobileShop is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MobileShop's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against MobileShop (but not including the purchase price for any products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

XVI. Indemnity

You agree to indemnify and hold MobileShop, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against MobileShop by any third party due to or arising out of or in connection with your use of the Site.

XVII. Violation of These Terms and Conditions

MobileShop may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MobileShop's rights or property, or the rights or property of visitors to or users of the Site, including MobileShop's customers. MobileShop reserves the right at all times to disclose any information that MobileShop deems necessary to comply with any applicable law, regulation, legal process or governmental request. MobileShop also may disclose your information when MobileShop determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MobileShop may preserve any transmittal or communication by you with MobileShop through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MobileShop determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MobileShop, its employees, users of or visitors to the Site, and the public.

You agree that MobileShop may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to MobileShop, for which monetary damages would be inadequate, and you consent to MobileShop obtaining any injunctive or equitable relief that MobileShop deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MobileShop may have at law or in equity.

You agree that MobileShop may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If MobileShop does take any legal action against you as a result of your violation of these Terms and Conditions, MobileShop will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MobileShop. You agree that MobileShop will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.

XVIII. Amendment of the Terms and Conditions

Mobileshop reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.

Mobileshop also reserves the right to refuse to provide the Site services to you, particularly in the event that the your use of the service is contrary to the content of these Terms and Conditions and the Privacy Policy, or if it conflicts with the business interest of Mobileshop

XIX. Governing law, miscellaneous

These Terms and Conditions shall be interpreted and performed in accordance with the laws. The competent courts shall have exclusive jurisdiction for any dispute arising in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The present Terms and Conditions are written in English languages. These Terms and Conditions constitute the only terms between Mobileshop and the customers and the relationship between them shall only be regulated by these terms. The present Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings. To the extent that anything in or associated with the content of the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence, unless prohibited by law. The headings of Sections and subsections of these Terms and Conditions are only for convenience of reference and are not intended to affect the interpretation or construction of any provision of these Terms and Conditions. If Mobileshop fails to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.

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