Terms and Condition

idflmobile.com Customer Terms and Conditions
These terms and conditions (the “Terms”) govern the customer’s (“Customer” or “Customer’s” or “You” or “Yours”) use of this website [www.idflmobile.com] (“the Website”) together with any activities related thereto and governs Customer’s relationship with Phone Solutions trading as idflmobile.com (“I Digital Fun”).

Please read these Terms carefully as they affect the Customer’s rights and liabilities under law. If You do not agree to these Terms, You must not access or use the Website. If You have any queries regarding these Terms then please contacts us at [email protected]. 

A. USE OF THE WEBSITE

Section 1. Agreement

By using the Website Customer agrees to be bound by these Terms.

Section 2. Amendments

I Digital Fun reserves the right to:
Update or replace these Terms from time to time. Changes will be notified to Customer via the Website and social media platforms. It is the Customer’s responsibility to check regularly for such changes. If You do not wish to accept the revised Terms You must not continue to use the Website. If You continue to use the Website after the date on which the change comes into effect, Your use of the Website constitutes Your agreement to be bound by the new or revised Terms; and
modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to You and You confirm that we shall not be liable to You for any such modification or withdrawal.

Section 3. Registration

You warrant that:

The personal information which You are required to provide when You register is true, accurate, current, and complete in all respects; and
You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at the E-mail address: [email protected]; and
You are at least 18 years of age.

Section 4. Privacy Policy

We will treat all Your personal information:

As confidential and will only disclose the same in the circumstances set out below, and in accordance with Data Protection legislation from time to time in force in Ireland.
When You shop on this Website, we will ask You to input personal details for us to identify You. Such personal details may comprise but shall not necessarily be limited to; Your name, e-mail address, billing address, delivery address, credit card, or other payment information. We will use Your personal information for the following purposes:

Processing Your orders; to administer this Website; for statistical purposes to improve this Website and its services;
subject to not having received notice from You requesting the withholding of such to notify You of products or special offers that may be of interest to You;
If You have not objected during the registration process, but do not want us to: Contact You regarding products or services which may be of interest to You; or
to transfer Your data to group companies and third parties so that they can contact You about their products and services; then please contact us and notify us accordingly.
You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide Your personal information, we are entitled to do so.

Please note, phone calls made to I Digital Fun may be recorded to ensure the accuracy of the information provided in dispute resolution. It may be used to verify the accuracy of information provided to I Digital Fun in the event of a dispute arising. We will not share any phone call recordings with third parties. Call recordings will be retained by us for a period of 24 months and will then be deleted from our records.

Section 5. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
any defamatory material, offensive or of an obscene character.

Section 6. Indemnity

You agree to fully indemnify, defend and hold I Digital Fun, and our officers, directors, employees, and suppliers, harmless immediately on demand, from and against all claims, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of these Terms by You, or any other liabilities arising out of Your use of this Website or any other person accessing the Website using Your personal information.

Section 7. Third-Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For Your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss, or offense caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

B. PURCHASE OF PRODUCTS

Section 8. Orders

All orders are subject to acceptance by I Digital Fun or idflmobile.com and are subject to availability. If the goods ordered are not available, You will be notified by e-mail or telephone (or by other means) and You will have the option either to wait until the item is available from stock or to cancel Your order.

Any orders placed by You will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of Your order which You may receive from us shall not amount to our acceptance of Your offer to purchase goods or services advertised on the Website. The conclusion of a contract between You and us will take place when we (i) debit Your credit or debit card or (ii) dispatch the goods to You or commence the services, whichever is the earlier.

We will take reasonable care, in so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on our part, we cannot be liable for any loss You may suffer if a third party procures unauthorized access to any data provided by You when accessing or ordering from the Website.

Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that You read such additional terms.

Section 9. Licensing

Some goods may be licensed to the Customer and You hereby agree in respect of licensed goods:

to comply with all license terms of the owner and/or I Digital fun that are notified to you from time to time, and not to do any act or fail to do any act that has the possible effect of compromising the owner’s rights in licensed goods, and not to sub-license or transfer to any third party any license granted to You.

Section 10.0 Ordering Goods and Cancellations

10.1 All orders placed through our website or by phone will be subject to our acceptance of the order. We reserve the right to decline any order for any reason.

10.2 When you submit an order to us on our website, you will receive an email to confirm that we are have received your order. You should check this email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we dispatch the goods to you. Title to the goods will pass to you on delivery.

10.3 Where you have redeemed a promotional code or any other offer (“a Code”) against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. If the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive.

10.4 You have the right to cancel an order within 14 days after the day the goods were delivered unless we have previously stipulated to you that we are buying the goods exclusively for you and that you have acknowledged by email that you accept your order is non-cancelled.

10.5 If you wish to cancel your order you must notify idflmobile.com via email within the stated 14 day period. Cancellations after 14 days will not be accepted. Upon notifying idflmobile.com of your cancellation idflmobile.com will issue you with an RMA form to complete before returning the goods. You must return the goods to idflmobile.com in the same condition and completeness as idflmobile.com delivered them to you. Please note this includes: packaging, manuals, cables, software, and any other material that was part of the item purchased.

If you do not return the goods in the same condition and completeness, idflmobile.com at its sole discretion can either reject the cancellation or levy a charge against you to make good any damage or missing items. Please note that software of any description is subject to separate terms and conditions and if you open, use or register the software that comes with your goods and then cancel your order you will be liable for a charge up to 35% of the cost of the goods.

10.6 The goods remain your property and responsibility until idflmobile.com signs acceptance of the return delivery of the goods. We strongly advise you to use a secure signed for service, for example, An Post Registered Post. The cost of returning goods is your responsibility. Should you wish to return any goods, please go to the Returns section or contact us by phone or email for further information. We do not cover faults caused by accident, neglect, misuse, or normal wear and tear.

Where You have purchased the goods or services as a consumer (i.e. for private use as opposed to business use) please note that You are entitled to cancel any order placed within 14 days of receipt of the placement of such order, providing the item is unused. You must contact idflmobile.com to receive an RMA form before returning any product. We will reject any purchases returned without a completed RMA form.

You must return the goods to idflmobile.com in the same condition and completeness as idflmobile.com delivered them to you. Please note this includes: sealed packaging, manuals, cables, software, and any other material that was part of the item purchased. If you do not return the goods in the same condition and completeness, idflmobile.com at its sole discretion can either reject the cancellation or levy a charge against you to make good any damage or missing items. Please note that software of any description is subject to separate terms and conditions and if you open, use or register the software that comes with your goods and then cancel your order you will be liable for a charge up to 30% of the cost of the goods.

If a dispute arises, you may contact www.ccpc.ie for advice. If you as a consumer are not satisfied with our response to your issue, you can make take a claim using the Small Claims Procedure.

For any goods and/or services that are stated in their specification to have a warranty period, You may notify idflmobile.com or Phone Solutions in writing of any request for warranty service in accordance with the instructions detailed below.

If You do cancel an order according to this clause 10, or reject goods and/or services or require warranty service then:

You must notify idflmobile.com in writing detailing Your request by sending an e-mail to [email protected].

In all such events, we will notify You either in writing or by email with Our instructions. Until You have complied with our instructions You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered to You.

We will notify You where to return the goods and/or services to be returned to I Digital Fun or the manufacturer thereof. You will be responsible for the cost of returning the goods or services, and I Digital Fun may deduct this from any sum owed to You. We recommend using a postal service that provides proof of delivery and has compensation insurance for lost or damaged goods as returns are NOT our responsibility until they arrive back to us.

You must ensure that the goods are securely packaged to prevent damage during transit. We will reject returned goods that have been damaged by you or your delivery agent. You must perform a full factory reset and remove any accounts from your device if you have one set up (e.g. Google account, Apple Account, Apple ID, etc.) in full before returning the product.

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details e.g. you no longer have that account. Refunds can take up to 30 days to process. Refunds by credit or debit cards are made to the same debit or credit card that was used for the original purchase.

Any return that is not accompanied with the returns form or returns reference number (RMA) will be held by I Digital Fun for 30 days, awaiting the return of the completed form. Items that have not been reclaimed by you within this period will be disposed of after this time and will result in the return being completed without action.

 

We will reimburse you for the cost of returning the goods upon confirmation that there is a manufacturing defect with the product. We are unable to reimburse the cost of returning any product that has been damaged by accident, misuse, or normal wear and tear.

If any returned goods are found not to be faulty after the statutory 14-day change of mind return period, we reserve the right to charge a restocking fee, at our discretion, or to return the goods to you and refuse a refund. If items are returned unused after the statutory 14-day change of mind legislation, we reserve the right to charge a re-stocking fee to cover our order processing, delivery, and administration costs.

 

10.7 Under the Consumer Protection (Distance Selling) Regulations you have a right to cancel your purchase. However, to exercise this right you must notify us in writing (email or letter) within 14 days from the day after you receive your goods.

10.8 As stated above, notification of cancellation must be in writing, a telephone call is not a valid means of cancellation.

10.9 No right of cancellation, refund, or return exists under the Consumer Protection (Distance Selling) Regulations once you have used your product unless the product is defective and you are returning it for this reason.

10.10 Goods that are sealed or shrink-wrapped and this is removed can only be returned if the goods are defective as diagnosed by the manufacturer or manufacturers appointed agent or authorized repair center.

10.11 Right of Withdrawal (Cooling off)

When you shop on idflmobile.com you are entitled to a 14-day ‘Cooling-Off’ period. During this time you can decide to return an item purchased from our store for a refund or exchange without giving any reason. Please note that certain limitations apply to your right to withdraw, and we encourage you to familiarise yourself with these requirements before delivery. From the point of delivery, you are responsible for the care of the product including any packaging, accessories, manuals, or other items included with the product.

The cost of returning the goods remains with the consumer. There are also certain exclusions to the Right of Withdrawal. Items which have been built to order, or are otherwise personalized are not covered under ‘Cooling-off’. Furthermore, items that have been used, damaged, or are incomplete may be refused a refund entirely, or we may credit a reduced amount. In practice, you may inspect an item to determine its suitability but you cannot use the item. Any action which will render a product ‘used’ will void your right of withdrawal. Be aware that the right of withdrawal does not apply to business customers. Please create a personal account when you wish to order for personal use and qualify for the Right of Withdrawal.

We recommend that you look at the Irish Consumer Center for more information about your rights when buying online.

You CAN return under cooling off if:

If the order was placed using a personal account (i.e. not a business/commercial account)
The item is unused
There is no visible damage or signs of use
The product, including all accessories, manuals, and packaging are being returned in the same state as when they were received by you.
Special cases where the right of withdrawal does not apply:

Products made/assembled to your specifications.
Sealed audio or video recordings or computer software you have opened.
Opened, installed, or registered software.
Product for which there are hygiene considerations, such as headphones, headsets, or earphones and which have been unsealed/opened.
Unsealed/opened consumables (such as ink cartridges, DVD-R cleaning fluid).
Furthermore, we will refund a reduced amount* if:

The product’s packaging is damaged meaning it then cannot be re-sold.
Where components (manuals, cables, adapters, etc) are not returned.
To return a product under cooling-off please contact us at [email protected].

*In this case we will send you some compensation, which means that you will receive 70% of the original purchase price from us.

 

Section 11. Price and Payment

All prices listed on our website include VAT and any other local taxes that may apply unless stated otherwise.

Payment can be made by any major Credit Card or Debit Card and PayPal. Payment will be debited and cleared from Your account before the dispatch of Your order or provision of the service to You.

You confirm that the credit or debit card that is being used is Yours and you have provided the valid billing address for the card used. We reserve the right to withhold your order until your identity is verified.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to You for any delay or non-delivery of your order.

Section 12. Eligibility to Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under Irish law You must:

If an individual, be 18 years of age or over; and
Register Your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services You represent to us that You are 18 years of age or over and authorize us to transmit information (including updated information) to obtain information from third parties, including but not limited to, Your debit or credit card numbers or credit reports to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Section 13. Security Check

To reduce fraud on our website, all orders placed on the idflmobile.com website are screened for security purposes. For us to proceed with your order you may be required to send us additional information and, or documentation.
When this is required, I Digital Fun will contact you either by phone or by email, outlining what needs to be sent. This can be sent to us either by post or email, with either jpeg, pdf, or gif attachments.

These measures are intended for our customer’s protection, due to a large amount of credit card fraud on the internet, and to allow us to quickly reimburse anyone who has been a victim of a fraudulent transaction.

This security process may cause a delay in delivery schedules. I Digital Fun reserves the right not to process any order at its discretion. We will not be held responsible for delays in delivery due to non-compliance by you with any such requests.

C. GENERAL

Section 15. Intellectual Property

The content of the Website is protected by copyright, trademarks, database, and other intellectual property rights and You acknowledge that the material and content supplied as part of the Website shall remain with us or our licencors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network), or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

Section 16. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

will affect or limit Your rights as a consumer under Irish law, or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by You. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems You may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

Incompatibility of the Website with any of Your equipment, software or telecommunications links technical problems including errors or interruptions of the Website unsuitability, unreliability or inaccuracy of the Website inadequacy of the Website to meet Your requirements
To the full extent allowed by applicable law, You agree that I Digital Fun will not be liable to You or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

Section 17. Severance

If any part of the Terms shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed sever-able from these Terms and shall not affect the validity and enforce-ability of any remaining provisions of the Terms.

Section 18. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Section 19. Law and Jurisdiction

The Website is controlled and operated in the Republic of Ireland. The Terms will be governed by the laws of Ireland and You irrevocably agree to submit to the exclusive jurisdiction of the Irish courts.

Section 20.0 Delivery

20.1 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

20.2 All items are subject to stock availability. We aim to arrange shipment of all ‘in stock’ items within 1-2 days of receiving your order, but delivery can take up to 5 working days depending on stock availability and security checks have been confirmed on your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. If a product is out of stock, you may place a Pre-order for the item or leave your email address which allows us to send an email when the item comes back into stock.

20.3 When we deliver your items to you will be asked to sign for the goods to acknowledge that you have received them. We will only deliver to the address specified in the original order. We will not send your order to a P.O. box or ‘Parcel Holding’ type third party ‘mail forwarding’ delivery service. We are unable to change the delivery address after the order has been despatched.

20.4 If your goods fail to arrive within 14 days of dispatch, you will have the option of either a full refund or a replacement product as soon as we have completed our investigation as to the cause of the delay with the delivery agent.

20.5 Where an incorrect address or contact details have been given to idflmobile.com with the order we reserve the right to charge for any extra carriage costs incurred.

20.6 Claims for damage in transit, delivery discrepancy, etc. should be made within 24 hours of delivery – claims will not be accepted after this time. Please sign the consignment document ‘UNCHECKED’, as we cannot otherwise accept any claims for damage in transit.

20.7 Whilst the Company will use its best endeavors to deliver the Goods in accordance with the Buyer’s requirements, the Company will not be liable for any consequences of late delivery howsoever caused.

 

Section 21. Colors of Products

We endeavor to provide accurate images of our products, however, if there is a specific color of a particular product required, please contact us before purchasing for the availability of your desired color.

Section 22. PRFC

PRFC (Producer Recycling Fund Contribution) is being introduced under the 2002 EU Directive on Waste Electrical and Electronic Equipment (WEEE) to fund the recycling and safe disposal of old electrical and electronic equipment. In compliance with these regulations, we are arranging a Take-Back system for our customers. Please contact [email protected] for further information on how to take part in the scheme.

Section 23. Warranty

All our phones are covered by a one year manufacturer’s warranty unless otherwise stated. Some products including ‘Grade A’ or ‘refurbished’ phones and accessories, for example, batteries or data cables may be covered by a three-month warranty. In the unlikely event that the equipment proves to be defective due to materials or workmanship, it may either be replaced or repaired free of charge by the manufacturer.

To return goods to us, please contact us before returning the item to obtain an RMA authorization. Items should be parceled securely and include all manuals, accessories, and original packaging. Please include a note detailing your original order reference, contact details including a contact phone number and a description of the fault. You must perform a full factory reset and remove any accounts from your device if you have one set up (e.g. Google account, Apple Account, Apple ID, etc.) in full before returning the product.

Please Note: We are unable to accept returns other than by courier or post. We cannot accept returns by hand from customers. We recommend the item be sent by recorded and insured delivery. We recommend using a postal service that provides proof of delivery and has compensation insurance for lost or damaged goods as returns are NOT our responsibility until they arrive back to us.

 

Section 24.0 Processing your orders and payment

24.1 Whilst: we intend to keep our website up to date and error-free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you before accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as canceled.

24.2 All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section.

24.3 Customers using a credit card, your card will not be debited until the day we ship your goods.

 

25.0 Returns

25.1 Any faults that occur within the first 7 days after the goods arrive must be reported to idflmobile.com within this time frame to be eligible for refund or replacement. Goods with faults reported outside the first 7 days after the goods arrive should be sent to the manufacturer for repair. Please note that packaging must be unused and in pristine condition to be eligible for a refund, and all goods will be tested if reported faulty upon their return either by idflmobile.com technical staff or the manufacturer or their authorized repair agent where appropriate.

25.2 If the goods are not faulty, you have 14 days from the day after the goods arrive to cancel the order and return the goods for a refund, providing the goods have not been used. In the case of new mobile phones, we cannot accept returns if the box seal has been broken. You must ensure that the goods are securely packaged to prevent damage during transit. We will reject returned goods that have been damaged by you or your delivery agent.

Once the product meets these requirements, a refund will be issued within 28 days. For security reasons, returns should be made by either registered post or courier. We are unable to receive returns made directly by hand. We recommend using a tracked postal service that provides proof of delivery and has compensation insurance for lost or damaged goods, as returns are not our responsibility until they arrive back to us. You must ensure that the goods are securely packaged to prevent damage during transit. We will reject returned goods that have been damaged by you or your delivery agent.

Please note that the items ordered, including all accessories and packaging must be in unopened, unused, pristine condition or idflmobile.com will charge the customer a fee to compensate idflmobile.com for the written down value of the products. Return shipping is at the customer’s expense. We are unable to refund the original delivery charges and credit/debit card processing charges on non-faulty goods returned to us.

25.3 If any goods are returned incompletely or are damaged, idflmobile.com at its discretion can either reject the returned item as incomplete and return the goods at the customer’s expense, or idflmobile.com can charge the customer a sum equivalent to the replacement cost of the missing or damaged item(s) – this can include small items such as memory cards, manuals, cables, batteries, stylus, etc. If we cannot replace the missing items (e.g. original packaging, replacement hard copy manuals are very difficult to replace) then idflmobile.com will charge the customer a fee to compensate idflmobile.com for the written down value of the incomplete or damaged stock.

25.4 Please note that software of any description is exempt from the Distance Selling Act, so before you open, use or register the software element of your ordered product(s), please check where it is possible to do so, that goods function correctly. Where it is not possible to ascertain the functionality of the goods without loading the software, please check with idflmobile.com to see if the software is available in a downloadable format. If any returned goods are not faulty, and the goods contain software that has been opened, used, or registered, a fee will apply to compensate us for the loss of software element of the goods in question.

25.6 Please note that “Refurbished”, “Grade A” or “B-Stock” items are not new and are sold on a strict “first-come, first-served” basis. Normal distance selling regulations do not apply to these second-hand products. You may return them if they are not as described, or if they simply do not work, but you cannot return them if you just don’t like them, so please be sure you want a “B-Stock” item before you order.