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Terms and Conditions
These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website
www.rose-communications.com ("the Website") and your relationship with Rose Communications (UK) LTD ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website.
If you have any queries regarding these Terms and Conditions, or a product or service purchased on this website, then please contact us at customer-care@rose-communications.com.
Use of the Website
By using the Website you agree to be bound by these Terms.
1. Changes/Updates to Terms and Conditions
We reserve the right to:
a) Update these Terms from time to time. Any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should 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 indicates your agreement to be bound by the new Terms.
b) 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 modification to or withdrawal of the Website or its contents.
You warrant that:
a) The personal information which you are required to provide when you register is true, accurate, current, and complete in all respects
b) You are not impersonating any other person or entity
c) You will notify us immediately of any changes to your personal information via e-mail or telephone to our customer service representatives.
3. Privacy Policy
When you shop on this Website, we will ask you to input personal details in order for us to identify you; such as your name, e-mail address, billing and delivery address, credit card or other payment information, etc. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office and collected lawfully in accordance to the Data Protection Act 1998. We will use your personal information for the following purposes:
a) Processing your orders
b) Administration of this website
c) Statistical purposes to improve this website and its services to you
d) To notify you of products or special offers that may be of interest to you – if you have not objected during the registration process.
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, then please email us at customer-care@rose-communications.com with your request. You should be aware that if the police or any other regulatory authority investigating suspected illegal activities request from us to provide your personal information, we are entitled to do so.
4. 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
Any material which is defamatory, offensive, or of an obscene nature.
5. Indemnity
You agree to fully indemnify, defend, and hold us, 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.
6. 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 offence 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.
7. Availability
We do not guarantee the availability of particular makes, models and colours of equipment. All equipment displayed on our website or in our marketing materials is for illustration purposes only and are subject to availability. If the goods ordered are not available, you will be notified by e-mail and you will have the option either to wait until the item is available from stock, replace the item with another in-stock item, or to cancel your order. If you want to check the availability of any product or service please email us at
8. Orders
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 that 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 despatch the goods to you or commence the services; whichever is the earlier.
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. When you purchase a pay monthly mobile phone from us, you are also entering into a contract with the network provider (ranging for a minimum period of 12 months up to two years). The terms and conditions for this agreement are included upon accepting our terms and conditions and are available upon request. All orders are subject to status. A credit check is usually carried out as required by the network provider when purchasing a pay monthly phone. Each good has the benefit of a manufacturer's warranty, details of which will be contained in the box in which the goods are packaged.
After you have successfully placed an order with us, you will receive an acknowledgement by e-mail of the order you have placed and a receipt which we advise you to print off and save for your records.
From time to time, Rose Communications (UK) Ltd reserves the right to perform additional security checks.
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
a) Be 18 years of age or over
b) Have a valid UK delivery address
c) Register your real name, address, phone number, e-mail address, or any other requested details.
d) Possess a valid debit/credit card
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included 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 authorisation and to authorise individual purchase transactions.
9. Privacy and Security
All of the information you provide to us via the website is handled with the utmost respect and confidentiality. We ensure the security of the site by encrypting all the information through the secure socket layer (SSL) before it is sent to us. Irrespective of SSL security, credit card data is not retained on the web server but immediately passed into our internal systems and the data is stored behind a firewall that is impenetrable unless you are authorised to do so. This information is then passed to Barclaycard Merchant Services (part of the Barclays PLC Group) to process and authorise payment. Barclaycard Merchant Services operates through a Secure Server and all transactions that take place are encrypted between your browser and the Secure Trading Server. By accepting these terms and conditions when you make a purchase, you authorise us and Barclaycard Merchant Services to process payment from the credit card details supplied and to conduct validation checks by cross checking your details.
We will take all 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 unauthorised access to any data provided by you when accessing or ordering from the Website.
10. Offers
With many of our offers the price/package that the equipment is advertised for is dependent on the tariff selected by you. If you subsequently change the tariff, whether via Rose Communications, or directly with your network provider, within the allotted periods which are detailed below, a purchase price variance will be chargeable to you. This charge will be based on the new tariff price minus the original tariff price you signed up to. Unfortunately, if the new tariff price is less than the original tariff price we will not be able to provide a refund of the difference.
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O2 |
6 months |
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Orange |
9 months |
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3 |
11 months |
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Vodafone |
6 months |
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T-Mobile |
11 months |
Please note that should you change your tariff within these periods, either up or down, the start date of the contract with the network provider starts again from the date of the change. We strongly recommend that you do not change your tariff within these periods.
11. Price
All prices advertised on our website and marketing material are inclusive of VAT unless otherwise stated. As prices may vary depending on precisely when your equipment is successfully connected to a network or changes to the cost of the actual network provider we cannot confirm the actual price until you have placed the order with us. However we will always inform you of the actual price prior to us despatching your equipment. If the actual price is higher than indicated to you at the time you placed your order we will offer you a full refund provided you don’t want to take up the offer in any case.
Despite our very best efforts, on occasions the prices displayed on our website may contain errors. Where this happens, we will do one of the following: 1. If the correct price is lower than the price displayed on our website, we will charge you the lower price and fulfil the order; or 2. If the correct price is higher than the price displayed on our website, we will attempt to contact you, for your instructions prior to dispatching the equipment, or cancel your order and notify you of such cancellation.
12. Delivery and Fulfilment
Once you have ordered a product from us, we aim to deliver normally within 3 working days from the date of acceptance. If, due to unforeseen circumstances we cannot deliver on time we will try to contact you to make an alternative arrangement. We will endeavour to complete all orders for goods or services within 28 working days. Method of delivery will vary dependent on the cost of goods purchased. If you are not at home when we deliver, a non-delivery card will be posted through your letterbox, which advises that we tried to deliver. If no one is available to sign for the product, a card will be left and the parcel held at the local Royal Mail Depot or Courier Depot for you to collect. Parcels will be held for 10 days before they are returned to Rose Communications. Please call the number specified on the card if you wish to either re-arrange delivery, collect from your local Post Office or to re-direct the parcel to an alternative address. In the event that a product has been returned to Rose Communications after attempting delivery, delivery charges will not be refunded. If a customer requires re-delivery, additional postage charges will be due. Please note that due to security reasons we can not deliver products to any other address than that of the customer placing the order. At present we can only deliver on a weekday. Goods ordered from this website will only be delivered to a UK address. It is your responsibility to inspect equipment immediately upon delivery. If all the packaging is ok you may accept delivery and break the seal. If you find that it’s not what you ordered please notify us straight away. DO NOT USE THE EQUIPMENT. Please return all the equipment and any accessories that came with in its original packaging and unused condition within fourteen days delivery.
If for whatever reasons we are unable to fulfil the agreement to supply you with your goods within 30 days we will offer a refund on your debit / credit card or suggest an alternative good.
13. Returns Policy
Some networks offer a 14-Day cooling off period. (14-Day period commences with date of order, not date of despatch or delivery) This means that you can return the equipment to Rose Communications within this period, without being tied into a twelve month contract. However, once 14 days have passed, you are bound by your contract. (Please check full terms and conditions of your contract) If within 14 days of buying your mobile phone you are not entirely satisfied, we will be happy to change your phone, network or tariff, where permitted.* The original phone and accessories must be returned to us in an 'as sold' condition, with the original packaging, receipt and any items that were included in the purchase price, including promotional items. Exchanges are subject to stock availability and if there is a price differential, you will pay us the extra or we will reimburse you the difference in accordance with our refund policy. If you need to return your phone and cancel your contract within 14 days of your purchase, you will be required to pay any usage costs incurred while using the phone. This is payable directly to the network. Rose Communications will charge an administrative fee of £10 on all returns to cover postage costs.
If you find the equipment you received is faulty, we will replace it (subject to availability), arrange for it to be repaired or offer you a refund, provided you have notified us upon discovery of the problem.
If you must send a phone back to us, we recommend that you use an insured delivery service. We are not liable for loss or damage that arises whilst the equipment is being returned to us. All equipment must be returned unused, undamaged, and in the original packaging. The equipment must also contain all of the items supplied to you, including all the accessories and free gifts.
*Notable exclusions to our 14 day exchange policy include upgrades on all networks, T-Mobile connections, Pay As You Go Phones, and 'handset only' purchases.
14. Free Gifts/Rebates
Most free gifts are subject to a clearance period, and are sent 120 days after purchasing your equipment. Gifts of cash-back and line rental refunds have specific claim periods, details of which will be enclosed with your equipment. If you would like confirmation of these please contact us and we will be more than willing to help. You must remain on the connecting tariff during this 'clearance' period, or you may lose your gift/cash-back.
15. Prices
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you. We accept Visa, Delta, Switch and MasterCard. Payment will be taken from your card immediately as you place your order. If you subsequently fail our security checks or for any reason we do not fulfil your order, we will refund your card with the original amount within 24 hours of notifying you. Please note that this may take up to 7 working days for your bank to process these refunds and we cannot be held responsible for any delays in refund payments. You confirm that the credit or debit card that is being used is yours. All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
16. Pay monthly/contract phones / cash back & Line Rental offers
If you order a ‘free’ handset,(on contract) you agree to pay us £.99p (ninety nine pence) which we will charge to your credit card in order to verify your credit card details and carry out credit checks. If you subsequently cancel your order in accordance with these terms, you will receive a full refund. If you order a handset (or other equipment) that is not ‘free’ the full price will charged when you place your order. If you subsequently cancel your order in accordance with these terms, you will receive a full refund. (Applies only where there was a cost for the handset)
Cash Back Offers
Cash back only available on specified handsets. Please check individual handsets and specific tariffs for details. Customers will pay the full price of the handset and receive a cheque for the value of the cash back offer. All cash back offers will be processed after the handset has been delivered and connected. Within 30 days of the handset being connected, a redemption form will be sent to the e-mail address used during the purchase. This redemption form will need to be completed and returned via post along with the users month 6 bill, the form must be receivedno later than 7 months from the users initial connection date. The 6 month bill must show that the user is on the same or higher value tariff. Cheques will be made payable to the person who placed the original order and will be issued within 30 days of receipt of the redemption form and bill. No cheque will be dispatched if a refund is issued. Only handsets purchased in the promotion period will be eligible for the cash back offer.
Line Rental Offers
Line rental offers only available on specified handsets. Free line rental is available via redemption at month 6 of the users contract. Please check individual handsets and network terms and conditions for details. Customers will receive a cheque for the value of the line rental offer. All line rental offers will be processed after the handset has been delivered and connected. Within 30 days of the handset being connected, you will be sent a redemption form. This redemption form will need to be completed and returned via post along with the users month 6 bill, the form must be received no later than 7 months from the users initial connection date. The bill must show that the user is on the same or higher value tariff . Cheques will be made payable to the person who placed the original order and will be issued within 30 days of receipt of the redemption form and bill. No cheque will be dispatched if a refund is issued. Only handsets purchased in the promotion period will be eligible for the line rental offer.
Contract phones are supplied subject to connection to an appropriate contract as specified at the time order.
We require a £0.99p deposit on all pay-monthly handsets to be taken from your card account, which will be refunded on connection to your chosen network. The same applies to “free handset” offers. If there is a price attached to the handset, we will authorise that value against your card.
Stock availability on all coming soon/ advance orders are subject to date changes. Provided are estimated times of arrivals into our warehouse.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) 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 that 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 ourselves will take place when we despatch the goods to you or commence the services; whichever is the earlier.
17. Guarantee
All equipment supplied by us is covered by a 12 months manufacturer's warranty. On pay monthly phones you have the option to purchase additional cover (usually for a monthly fee) which is provided by the network.
18. Accuracy
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 to 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 we 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.
19. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
20. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
21. Law and Jurisdiction
The Website is controlled and operated in the United Kingdom. The Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.
22. Website Accuracy
Our Web team work hard to ensure that our Website is always accurate through continual updates. However, due to the rapidly changing nature of the mobile phone industry, we cannot guarantee the accuracy of information supplied, especially with mobile phone handsets specifications, network price plans and special offers, which may change without prior notice to us. E&OE.
23. Feedback and Complaints
We at Rose Communications welcome comments and questions regarding our goods, services and what we do. If you wish to contact us please e-mail us at Customer-care@rose-communications.com
Or write to:
Rose Communications (UK) Ltd
72B Oldhill Street
London
N16 6NA
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TWS Solutions www.RoseCommunications.com