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Terms and Conditions
1 Definitions
(1) "Customer" or “Consumer” means the person, firm or company ordering or buying goods from City Telecom
(2) "City Telecom" means City Telecom also referred to as "we" or "us" or “company” in these terms and conditions.
(3) The “goods” means the goods the subject matter of the relevant order or contact for sale
(4) "Catalogue" means the catalogue of products and services offered by City Telecom.
(5) "Force Majeure" means any cause affecting the performance by City Telecom of its obligations arising from acts,
events, omissions, happenings or non-happenings beyond its reasonable control including
(but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
(6) "Normal Working Hours" means 9 am to 5:30 pm on a Working Day.
(7) "Working days" means Monday to Friday, excluding Bank or other Public holidays.
Please note that special terms apply to Private customers, which prevail over the other provisions of these terms and conditions. Customers who are private customers are referred to Clause 11.
2. Orders
(1) All contracts of sale made by City Telecom shall be deemed to incorporate these terms and conditions, which shall
prevail over any other terms from the party ("the Customer") with whom City Telecom is dealing. Cancellation of
orders by business to business customers is not accepted as many orders are despatched on the same day
the order is placed.
Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling)
Regulations 2000 (http://www.legislation.hmso.gov.uk/si/si2000/20002334.htm). Nothing in these terms and
conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
(2) All orders are subject to acceptance and to availability of the goods ordered: City Telecom is entitled
to refuse any order placed by you.
(3) You undertake that:
(a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct,
and
(b) the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are
authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services
you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with
any goods or services.
3. Prices
(1) Quoted prices include the cost of normal packaging but exclude delivery, transit insurance (which are charged at
extra cost) or installation charges (where applicable). Any work carried out additional to that specified in the relevant
quotation or order, whether experimentally or otherwise, shall be charged.
(2) The prices for the goods shall be those ruling at the date of despatch and City Telecom reserves the right
to amend its quoted prices at any time prior to the date of despatch.
(3) All online quoted prices are EXCLUDING VAT.
(4) City Telecom will verify each order where necessary to confirm final pricing. The customer then has the
option to accept or refuse the order that they have placed based on the final verified price quote.
4. Delivery, Title and Risk
(1) City Telecom shall use reasonable endeavours to despatch goods by the date agreed with the customer, but
does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond
our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely,
we shall contact the customer and advise of the delay.
(2) Unless otherwise specified the price quoted is packed ex our warehouse. An extra charge will be levied to cover
delivery and insurance costs. A charge may be made to cover any extra costs involved for delivery
to a different address. Should expedited delivery be agreed an extra may be charged to cover any overtime or
any additional costs involved.
(3) The Customer shall examine the goods immediately they are delivered to him. City Telecom reserves the right to
reject claims of shortages or damage in transit or non-delivery of goods, or in case of non-delivery 7 days after
the due date for delivery.
(4) Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
(5) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon
the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
(6) Title in the goods does not pass to the Customer until payment is received in full by City Telecom.
(7) If the Customer cannot accept delivery, City Telecom may at its option: (a) store and insure the goods at
the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting
reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the
Customer for any shortfall or (c) re-arrange delivery provided that City Telecom may charge the Customer for the
additional delivery costs incurred. Should goods order be suspended at the request of or delayed through any default
of the Customer for a period of 30 days City Telecom shall then be entitled to payment for materials ordered and other
additional costs including storage.
5. Payment
(1) City Telecom only accepts payment by approved Direct Debit, MasterCard or Visa. City Telecom reserves the right to
charge up to 2.5% of the transaction as a card-handling fee.
(2) If payment is not made on the due date, City Telecom will be entitled to charge interest daily on the outstanding
balance at the rate of 3% above Barclays Bank PLC base lending rate from time to time.
6. Product specifications
(1) City Telecom makes every effort to supply the goods as advertised but reserves the right to supply the goods
subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
(2) If City Telecom cannot supply the goods ordered by the Customer, City Telecom reserves the right to offer
goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the
alternative goods offered, he or she may cancel the order and require the refund of any money paid to City
Telecom in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in
these circumstances.
7. Warranties and Returns and Defective Products
(1) City Telecom is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
(2) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.
(3) Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 11); City Telecom does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
(4) In the event that City Telecom, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 11), agrees to accept the return for credit of unwanted products, the goods must be returned with City Telecom's prior written agreement within 7 days of delivery. The goods must be unopened, and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 11) will be subject to a handling fee of 15% of City Telecom’s sale price for the goods, or ?20, whichever is the greater.
(5) City Telecom cannot accept unwanted goods that were made to the consumer’s specification or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
(6) Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement or issuing a credit note at our option, if, but only if, the goods are returned within 14 days of delivery. Defective goods must be in the original packaging and in a clean re-saleable condition. Goods returned otherwise will, at our discretion, either be refused or a further additional restocking fee charged to cover additional costs involved.
Goods returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase.
(a) City Telecom's technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: City Telecom, CET House, Golders Gardens, London NW11 9BU
(b) If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
(c) All returned goods (except those returned under Clause 11) must be accompanied by City Telecom's Returns Authorisation number (‘RA Number’) which can be obtained by contacting City Telecom on 0870 0116264
Returned goods will not be accepted without an RA Number. Do not write directly on the manufacturer’s packaging. Please write the RA number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at City Telecom’s sole discretion.
(d) City Telecom cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
(e) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
(f) On receipt of the returned product, we will test it to identify the fault you have notified to us.
(g) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 11.
(h) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a residential customer, this does not affect your statutory rights.
(i) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
(j) No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. Please note Software Licences are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
(k) Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore City Telecom will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.
8. City Telecom's liability
(1) In its dealings with Business Customers, City Telecom shall under no circumstances be liable for any consequential
or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits,
loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense
does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part,
if the goods are faulty or do not comply with their description). City Telecom's liability in respect of all other losses shall
be limited to the invoiced amount of the relevant order.
(2) Nothing in this agreement shall limit City Telecom's liability for death or personal injury caused by its negligence.
9. Force Majeure
(1) Where, in spite of its reasonable efforts, City Telecom is unable to perform an obligation due to circumstances
beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
10. Errors and Omissions
(1) City Telecom makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website
are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will
occasionally occur. In the case of a manifest error or omission, City Telecom will be entitled to rescind the contract,
notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer.
City Telecom's liability in that event will be limited to the return of any money the Customer has paid in respect
of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods
by paying the difference between the quoted price and the correct price, as confirmed in writing by City Telecom
after the manifest error has been discovered.
(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price,
a price quoted in error by City Telecom which is more than 10% less than the price that would have been quoted
had the mistake not been made.
11. The Consumer Protection (Distance Selling) Regulations 2000
(1) Contracts for the purchase of goods by a Customer not acting in the course of a business and made through
the City Telecom website, is, with the exception of certain excepted contracts, subject to The Consumer Protection
(Distance Selling) Regulations 2000 (‘the Regulations’).
(2) If the Regulations apply, Customers may cancel goods purchased from City Telecom by sending a written
notice of cancellation by post or hand delivery addressed to City Telecom at CET House, 36 Golders Gardens,
London NW11 9BU, or by fax to 0870 011 8330 or by e-mail to admin@CityTelecom.co.uk
(3) The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
(4) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation
under the Regulations. If the Customer does not actually return the goods to City Telecom, the Customer is under
a duty to make the goods available for collection at the Customer’s expense from the address to which they were
delivered.
(5) The Customer is under a duty to retain possession of the goods whilst awaiting return to City Telecom and to take
reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods
if he or she fails to comply with this obligation.
12. General
(1) Nothing in these terms and conditions affects your statutory rights as a Consumer.
(2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the
Agreement and this shall not affect the validity or enforceability of the remaining provisions.
(3) Any waiver of a breach of this Agreement must be in writing.
(4) Any variation of this Agreement must be in writing and signed by a duly authorised City Telecom official.
(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.
(6) Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known
address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail
address of the party.
(7) These terms and conditions shall be governed by and construed in accordance with the laws of
England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
(8) Please note, City Telecom may record and / or monitor inbound and outbound calls and electronic traffic
for training purposes.
(9) E&OE. We make every effort to ensure that the information we provide is accurate and complete.
(10) Comms IP Ltd - Company Registered in England. No. 005599682. Trading as City Telecom.
(11) Registered Office: 2 Graham Road, London NW4 3HJ
(12) VAT Registered No. 872 4849 84.
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