Privacy Notice

REFUND AND RETURNS POLICY....... If you find your phone to be faulty within the first 14 days after purchase, and the fault can be verified by our in-store mobile phone engineers, we will be happy to offer an immediate replacement (considering that we have the same model in stock). Returns must be accompanied by original proof of purchase, packaging and all accessories. In the case of online orders the customer shall be responsible for postal back to us. After 14 days, if a phone is faulty, once we receive it back we will forward it to the manufacturer for repair under warranty. This warranty does not cover phone accessories, (such as chargers and headphones). Customers are not entitled to a refund or exchange on goods if they simply change their mind. This does not affect your statutory rights. PRIVACY POLICY...... The purpose of this Privacy Policy is to set out how FM Mobiles ("us" "we" or "our") obtains and uses your personal information ("Data") and how we comply with applicable data protection and privacy laws. You should read this policy in conjunction with any the terms and conditions of any service that you use, or, that is provided by FM Mobiles to you, including for example, our Online Shop and our Website. Each of these FM Mobiles services is subject to terms and conditions which detail how we use your Data collected in the course of providing these services. By using such services you agree that FM Mobiles may process your Data as set out in those terms and conditions. 1. How we obtain your data: 1.1 FM Mobiles obtains Data relating to you through your dealings with us. They include, for example; when you become a customer; when you shop on our Online Shop; when you register your details with us and when you submit enquiries to us/contact us. 1.2 We will collect your Data lawfully and fairly and we will advise you at all times when we are collecting your Data and the purposes for which it is collected. 2. How we use your Data 2.1 We will use your Data for the purpose for which it was originally provided and where we intend to use it for any other the purpose we will explicitly notify you in advance. 2.2 Your Data will be accurate and complete and, where necessary, kept up to date. 2.3 Data will be adequate, relevant and not excessive in relation to the purposes for which it was obtained. 2.4 Data will be kept only for clear and legal purposes. 3. Disclosure of Information 3.1 Data will not be disclosed in any manner incompatible with the purposes for which it was obtained. 3.2 We will only disclose your Data to third parties who are our employees and for purposes relating to the services we provide to you. 3.3 We will disclose Data where we are compelled to do so by law. 4. Retention 4.1 While you are a user of FM Mobiles services, we will acquire and process information about your use of our services. We will retain this information for the primary purpose for which it was obtained and for other legitimate purposes including, where required by law. 5. Access to your Data 5.1 You have a right to receive a copy of your Data, which personally identifies you, held by FM Mobiles. We may charge you an administration fee to cover the cost of carrying out your request. You should write to FM Mobiles, 76 Camden St, Dublin 2 marked "Data Access Request". You should include adequate information to identify yourself and, such other relevant information that you may have that will reasonably to assist us in fulfilling your request. Your request will be dealt with as soon as possible and will take not more than 40 days to process. 5.2 You also have a right to have inaccurate information corrected. If you discover that FM Mobiles holds inaccurate information about you, you may instruct us to correct that information. Your instruction should be in writing to the address at 5 (i) above. A request will be dealt with as soon as possible and will take not more than 40 days to process. 6. General 6.1 We reserve the right to amend this Privacy Policy to reflect changes in FM Mobiles practices and the legal and regulatory environment in which we operate. TERMS AND CONDITIONS FOR PURCHASED FROM THE fmmobiles.ie ONLINE SHOP....... The following terms and conditions apply to purchases of goods and services (“Products”) from the FM Mobiles Online shop and set out the agreement between you and FM Mobiles for using and making purchases on the Online Shop. For the purpose of purchasing goods (including mobile phones and accessories) from the Online Shop, all references to "us" or "we", shall mean FM Mobiles. By clicking the "Continue" button, you will be deemed to have accepted these terms and conditions of sale, our legal notices and our privacy policy. You are advised to read these terms and conditions each time you visit the site as they may change from time to time without notification. This Online Shop service is only available to you if you live in the Republic of Ireland or Northern Ireland, are 18 years of age or over and hold a valid credit or debit card issued in your name. 1. How to Order 1.1 You place orders by following the instructions set out on the Online Shop. You must include the following information with your order, as we cannot process your order without this information: * 1. Name * 2. E-mail address * 3. Contact telephone number * 4. A valid Visa, Mastercard, Laser, American Express or Diners Card with the full name as displayed on the card, the card number and expiry date. * 5. A valid delivery address * 6. Items you require 1.2 You undertake that the information that you provide to us for the purpose of making a purchase is fully complete and accurate. In particular you confirm that you are legally and fully entitled to use any credit or debit card for the purpose of making the purchase and that sufficient funds are available to cover the cost of your purchases. We reserve the right to request formal documentary identification from you or verification of your right to use any credit or debit card to make a purchase on the Online Shop. 1.3 Payment may only be made by means of those credit or debit cards listed on the Online Shop. We reserve the right to modify the list of card types that are acceptable. You may only use one card per order. 1.4 We will endeavor try to ensure that all descriptions, details, including prices, displayed on this website are correct and up to date, however we cannot guarantee that they are. Details may be updated from time to time and are subject to change. You must ensure that prior to placing an order you have checked all relevant details about the Products you have selected. We cannot confirm the price of a product until your order is accepted. All products and services advertised are subject to availability. 2. Acceptance of orders 2.1 The information displayed on the Online Shop, including prices, does not constitute an offer to contract or enter into an agreement and constitutes an invitation to treat only. 2.2 All orders submitted by you are an offer by you to contract with FM Mobiles and are subject to acceptance by us. Your order will not be deemed accepted until the relevant products have been shipped to you. 2.3 FM Mobiles reserves the right to refuse your order for any legitimate reason, including where the bank refuses to authorise the credit or debit card payment or the Products ordered are out of stock. All Products are subject to availability and FM Mobiles reserves the right to change or vary the Products promoted on the Online Shop at any time and without notification. 2.4 Once we have received your order we will automatically acknowledge receipt of the order. This acknowledgement is not acceptance of your order. 2.5 Once we have shipped the order we will notify you and this shall be deemed to be acceptance of your order. 2.6 We reserve the right to limit the amount of Products purchased in each transaction or on each card. 3. Delivery 3.1 You may only specify one delivery address per order. 3.2 Your order will only be delivered to the billing address of the card used for payment. 3.3 We will endeavor to deliver your order within two (2) working days however delays may occur, including where the items you have ordered are out of stock. FM Mobiles is not liable to you for any delay in making deliveries. Please note that no Products will be supplied or delivered overseas or to PO boxes. 3.4 You should note that O2's fulfillment partners will deliver to the delivery address as specified by you on the order form, based upon the signature of any occupant of that address at the time of delivery. O2 is not liable to you for ensuring personal delivery to you. 3.5 In the event that some of the Products you have ordered are out of out of stock we may send your order at a later date. 3.6 If your Products do not arrive within the time specified above please contact us at info@fmmobiles.ie quoting the order number, which you will receive following completion of the checkout process. 3.7 Please retain the invoice and shipping notice, as it will be required should you need to return any Product under our returns and refunds policy, set out above. 3.8 You agree that O2 shall be entitled to postpone or cancel delivery in the event that any additional information requested under clause 1.2 is not provided. 4. Prices 4.1 Prices for Products are quoted in Euro. All prices are inclusive of VAT at 21%. FM Mobiles reserves the right to change its prices at any time. Irrespective of any change of prices, you will be charged the price which was specified for the Product when you ordered. 4.2 The delivery charges that apply to your purchases are specified at the time you submit your order. 5. Payment 5.1 You may pay by credit or debit card. FM Mobiles will accept payment for Products according to any instructions given by you, or appearing to FM Mobiles to have been given by you. All credit and debit card purchases are subject to validation and credit checks. 6. Returns Right of Withdrawal 6.1 As a consumer, under the European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations, 2001 (“the Distance Selling Regulations”), where you purchase Products on the Online Shop, you have seven (7) days to cancel your purchase from the date you receive your order, for any or no reason. 6.2 Where you cancel your purchase in these circumstances we will give you a full refund within thirty days of you exercising this right to cancel, provided you exercise this right to cancel within this seven day period by returning the product to us in its original packaging with proof of purchase to FM Mobiles, 76 Camden St, Dublin 2., completely unopened and unused. You should retain proof of postage. 6.3 You agree that if you use the Services associated with the Products, by for example, making a call, sending an SMS., taking a picture during this seven day period, you agree that may not then exercise your right to cancel your purchase. 6.5 FM Mobiles is not responsible for returned Products while in transit. Products must be returned with the confirmation email you received when placing your order or the delivery note received at the time of delivery. Repairs Replacements and Refunds 6.6 In the event that the goods purchased are faulty or deficient, and you return it to us in accordance with our Returns Procedure, your goods will be repaired, or wholly or partly replaced. 6.7 Products purchased on the Online Shop may only be returned to FM Mobiles, 76 Camden St., Dublin 2 and must be returned with proof of purchase. 6.8 Subject to the paragraph below, FM Mobiles makes no warranty or representation as to the quality of any Products sold or their fitness for a particular purpose or their conformity with any description or sample and FM Mobiles shall not be responsible for damage or loss of any kind whatsoever (including loss of profits and consequential damages) caused directly or indirectly by the Products supplied. 6.9 Consumer Protection: Where you purchase goods and services as a consumer you are entitled to certain statutory rights. Your statutory rights are unaffected. 7. Privacy Collection of Personal Data 7.1 You agree that FM Mobiles may use the personal information provided by you for all purposes to fulfil your order. FM Mobiles may also use your information for the purposes set out in the terms and conditions of and where you provide personal information otherwise in the course of using the Online Shop in accordance with our website terms and conditions and our Privacy Policy. 7.2 If you identify yourself by submitting customer information forms to purchase Products in the Online Shop we will use such other information as may reasonably be required to complete the transaction, including your name, e-mail address, contact telephone number, credit card type, full name as displayed on the credit card, credit card number and expiry date, delivery address and the items you require. 7.3 FM Mobiles may use the personal and payment information provided by you for its own internal business purposes. Also, in order to provide the Online Shop service, it may be necessary that FM Mobiles also forwards certain personal and payment information provided by you to third party banking and credit institutions or fulfillment partners and other intermediaries. FM Mobiles may also disclose your information where permitted or required by law. Your continued use of the service constitutes your consent to such disclosure of information. Submitting Your Credit Card Number 7.4 When you submit your credit card number to purchase Products from the Online Shop, we offer the use of a secure server. If you choose to use the secure server, the secure server software (SSL) encrypts the credit card information you submit before it is sent to us. This helps assure that the information is protected against unauthorised access. FM Mobiles may also implement its own security procedures designed to prevent fraud. FM Mobiles reserves the right to amend and update security procedures without notification. 7.5 Notwithstanding the above security procedures, you should be aware that there are certain risks associated with Internet communications and credit/debit card use over which FM Mobiles has no control over. FM Mobiles expressly disclaims, in so far as legally permissible, responsibility for any loss or damage arising out of the loss or delay of transmissions between FM Mobiles and you. In respect of any other loss or damage caused, FM Mobiles's liability to you shall not, to the fullest extent permissible under applicable law, exceed the value of products and services purchased. FM Mobiles recommend that you maintain some form of credit/debit card insurance/card protection scheme and in the event of loss, theft or unauthorised use of your credit/debit card you notify your credit/debit card provider in accordance with its standard terms. 8. Governing Law 8.1 These terms and conditions are governed by the laws of the Republic of Ireland, and you hereby agree for the benefit of FM Mobiles, and without prejudice to the right of FM Mobiles to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts. 8.2 If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall remain in effect. These terms and conditions constitute the entire agreement between FM Mobiles and you for the use of the Online Shop and they supersede all other communications.