Terms and Conditions
Terms and Conditions of GeoTEXT
These terms and conditions apply to all transactions made via the www.geotxt.co.uk website and with Geodesa Limited. By using this site the Buyer accepts these terms and conditions.
1. Definitions
Buyer means the person, firm or company who agrees to buy or buys the Products from Geodesa.
Contract means the contract that is formed between Geodesa and the Buyer when Geodesa confirms by email the Buyer’s Order.
Geodesa means Geodesa Limited: a UK Limited company. No. 04580936 VAT Reg. No. 737 4049 25.
Products means the goods or services that the Buyer agrees to purchase from Geodesa, namely the Global SIMcards or Text Messaging including the airtime provided with the SIMcards and any other products advertised on the Website.
Order means the order for the Products that the Buyer places with Geodesa.
SIMcard means the Global SIMcard ordered by the Buyer via the Website.
Website means the website globalsimcard.co.uk or geotext.co.uk
2. Accuracy of information
All information published on the Website has either been made available or provided by suppliers and manufacturers or obtained from the public domain. Geodesa has every intention of providing accurate and up to date information but cannot guarantee the reliability or the accuracy of the information contained within its pages.
3. General
These terms and conditions do not affect the Buyer’s statutory rights.
4. Age
The Buyer or the Buyer’s representative must be 18 years of age or older to order Products through the Website. By placing an Order the Buyer or the Buyer’s representative acknowledges that he or she is 18 years of age or older.
5. Products
The nature of the Products (SIM Cards) is such that they are regularly updated by the manufacturers. On occasion the specification of the Products may vary from the information provided on the Website. For the avoidance of doubt the description of the Products on the Website is only to provide an indication of functionality and use. Full technical specifications may be obtained from the manufacturers directly.
6. Formation of the Contract
6.1 The Buyer acknowledges that by placing an Order for the Products it is making an offer to Geodesa to purchase the said Products.
6.2 Geodesa shall accept the offer made in accordance with clause 7.1 by sending an email to the Buyer confirming its acceptance of the offer and confirming the Products to be delivered.
6.3 Any Products ordered by the Buyer and which have not been confirmed in the e-mail confirmation do not form part of that Order.
7. Payment Methods
Geodesa will accept payment via most major credit and debit cards, and PayPal. The Buyer must provide Geodesa with the Buyer’s billing address and telephone number at the time of the Order. The Buyer’s Order will only be processed once authorisation of the Buyer’s credit card has been properly received and verified.
8. Credit Card Security and Fraud Prevention
8.1 In deciding whether to accept the Buyer’s Order Geodesa may use the information the Buyer has given to Geodesa, or which Geodesa already holds about the Buyer, or which Geodesa receives from any enquiry Geodesa may make with Early Warning UK Limited, to confirm the Buyer’s identity. Early Warning UK Ltd will check any details Geodesa discloses to them against any databases (public or private) to which they have access and will keep a record of that check. Early Warning UK Ltd will also retain this information and may use it in the future to assist other companies with identity verification. This assists Geodesa to protect the Buyer and Geodesa from fraudulent transactions.
8.2 Geodesa will take all reasonable steps in protecting the Buyer’s privacy and will not knowingly sell, trade or rent the Buyer’s personal information to any third party.
9. Delivery
9.1 Products will normally be dispatched within 5-7 working days from the date on which the Buyer’s payment is cleared; however, certain Products may be subject to availability and may therefore lead to a delay in dispatch. If Geodesa or Geodesa’s suppliers are temporarily out of stock, Geodesa will notify the Buyer within 7 days and will advise of an expected delivery date.
9.2 Any date Geodesa specifies for the delivery of the Products is approximate only and shall not be of the essence in respect of these terms and conditions.
9.3 Geodesa shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Products.
9.4 Notwithstanding clause 10.1 in the event that dispatch of the Products is delayed by 14 days or more the Buyer will have the right to cancel any part of the Order not dispatched and Geodesa will refund the appropriate payment to the Buyer within 28 days.
9.5 Geodesa will issue the Buyer with an electronic invoice once the Buyer’s Order has been dispatched.
10. Risk
The Buyer will be liable for the Products upon delivery to the address as stated in the Order. Products will only be delivered to the address as stated in the Order. Products will not be left at the address without a signature.
11. Delivery Charges
Delivery charges are dependent on the Product purchased and shipping method selected and are indicated when ordering. Delivery prices quoted are for most UK Mainland addresses by Royal Mail recorded 1st class signed for service. Delivery days are as per the normal Royal Mail service.
12. Products Lost In Transit
Geodesa will not be liable for Products lost in transit unless the Buyer has notified Geodesa immediately upon becoming aware that the Products have not been delivered. If the Products arrive in a damaged condition the Buyer is responsible for informing Geodesa immediately upon delivery. The Buyer shall be obliged to provide all necessary consignment notes and carrier details. The Buyer shall notify Geodesa immediately upon becoming aware of any wrongly supplied Products.
13. Returns Policy
13.1 Non-faulty Returns:
13.1.1 The Buyer can change its mind and return the Products within 7 days of receipt. Should the Buyer wish to return the Products, the Buyer should inform Geodesa of its intention in writing giving the appropriate invoice number and their relevant contact details together with full details of the Product they are returning.
13.1.2 The Buyer will receive a full credit note or refund less any applicable delivery charges, provided the Products are unused and are in 'as new' and resaleable condition in their original box with unopened packaging including all manuals and accessories. Any SIMcard must still be intact in its 'credit card' -style card and no calls must have been made on any online or telecommunications system.
13.1.2 It is the Buyer’s responsibility to return the Products to Geodesa at the Buyer’s own cost and risk. Until the Products are received back by Geodesa the Buyer shall remain liable for the Products and shall indemnify Geodesa in respect of any loss or damages suffered by Geodesa as a result of the Buyer’s failure to return the Products in an ‘as new’ and resaleable condition.
13.2 Faulty Returns:
13.2.1 If the Buyer believes the Products to be faulty upon delivery then the Buyer should immediately notify Geodesa in writing giving the appropriate invoice number and their relevant contact details together with full details of the fault affecting the Product. The Buyer shall then immediately return any such faulty Products directly to Geodesa.
13.2.2 Geodesa shall assess any faulty Products and shall use all reasonable endeavours to repair the Product. If it is not possible to repair the Product then Geodesa shall offer the Buyer a replacement Product or a full refund at the Buyer’s option.
13.2.3 In the event that any Product returned to Geodesa in accordance with this clause 14.2 is found not to be faulty then Geodesa shall have no liability to replace the Product or provide a refund if the Product has been returned more than 7 days from the date of receipt.
14. Refunds, Call Credit and Fair Useage Policy
14.1 Geodesa shall not accept any responsibility for refunding credit that has been applied to the Product, either at the time of purchase or post purchase.
14.2 Fair Usage. The usage of the SIMcard and any of its calling systems is expected to be a fair balance between free incoming calls, chargeable incoming calls and chargeable outgoing calls. Excessive volume or duration of only free incoming calls or free call forwarding, determined at Geodesa's discretion, acting reasonably, will constitute abuse. Geodesa reserves the right to monitor usage, to apply call charges and/or withdraw the service from any SIMcard, and associated accounts, supplied to the Buyer at any time in the case of overuse or abuse of the free incoming calls facility. Geodesa will not be liable for reimbursement, compensation of call credit or purchase price or any subsequential loss of any SIMcard or account that is suspended under this Fair Usage Policy.
14.3 Validity Period. The SIMcard and SIMcard phone number has a Validity Period of 12 months from the date of purchase. On the annual annivesary date a renewal fee is required to be paid to keep the SIMcard and SIMcard phone number active. Failure of the buyer to pay the annual renewal fee will result in the SIMcard being deactivated and the SIMcard phone number disabled and any remaining call credit on the SIMcard account cancelled. Cancelled call credit is non refundable.
15 Price
All prices listed on the Website shall be exclusive of VAT. Delivery charges shall be indicated in the email confirmation.
16. Typographical Errors
16.1 If a Product has been or is listed with an incorrect price due to a typographical error or an error in pricing information from Geodesa’s suppliers, Geodesa shall have the right to cancel any Orders listed at the incorrect price.
16.2 In the event that any such price change has occurred Geodesa shall refund any charges including delivery charges, if the Buyer’s account or credit card has been charged, and cancel the Buyer’s Order.
17. Guarantees
All Products supplied are covered by the relevant manufacturer’s warranty.
18. Rights of Third Parties
The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
19. Miscellaneous
19.1 These terms and conditions are subject to change at any time without prior notice. Geodesa reserves the right to modify, add and delete any of the services provided through any Product from those that are available at the time of purchase.
19.2 The Buyer is solely responsible for the content of information and communications transmitted using the Services. Geodesa will not be liable nor accept any liability for incorrect use of any Product.
20. Limitation of Liability-The Buyer’s Attention Is Particularly Drawn To The Provisions Of This Condition
20.1 This condition 20.1 sets out the entire financial liability of Geodesa (including any liability for the acts or omissions of is employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of the Contract;
(b) any use made by the Buyer of the Products or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
20.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
20.3 Nothing in these Conditions limits or excludes the liability of Geodesa:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Buyer as a result of fraud or fraudulent misrepresentation by Geodesa; or
(c) for any damage or liability incurred by the Buyer as a result of any breach by Geodesa of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
20.4 Subject to condition 20.2 and condition 20.3
(a) Geodesa shall not be liable to the Buyer for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of Contract; or
(vii) loss of use; or
(viii) loss or corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
21. E-commerce
21.1 The Buyer covenants with Geodesa not to use the Website for:
21.1.1 fraudulent purposes, or in connection with a criminal offence, or other unlawful activity, or to send, use or reuse any material that is:
21.1.2 illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or
21.1.3 is otherwise injurious to third parties; or objectionable, or
21.1.4 which consists of or contains software viruses, political campaigning, commercial solicitation, electronic chain letters, mass mailings or any “spam” (i.e. indiscriminately sent unsolicited, unwanted, irrelevant or inappropriate messages) or that which may:
21.1.5 cause annoyance, inconvenience, or needless anxiety to any other party.
21.2 The Buyer acknowledges that by visiting the Website or by sending emails to Geodesa the Buyer is communicating with communications from Geodesa electronically and agrees that all agreements, notices, disclosures and other communications provided in this manner by Geodesa to the Buyer satisfy any legal requirement that such communications be in writing.
22. Status of precontractual statements
Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
23. Governing Law
23.1 The Contract and any dispute of claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
23.2 The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.
© Geodesa 2009