Motorola Terms of Sale

So, you want to buy a Motorola phone? Great! We love having you as a customer. And we certainly want you to be happy. That’s why we’re telling you what you can and can’t expect in the transaction.

We don’t like unpleasant surprises any more than you do. These Terms of Sale apply between you and Digital River UK Ltd. (“Digital River”) when you buy Motorola devices or accessories from this site (“Device”).

Digital River is the authorized reseller and merchant of the Devices offered on this site. It’s important that you read these Terms of Sale carefully.

If you place an order for a Device, the respective order is subject to these Terms of Sale, as well as to our website Terms of Use. Remember that if you buy a Device from somewhere other than this site, different terms of sale might apply to your purchase.

The words “you” and “your” in these Terms of Sale mean you, being an individual or individuals purchasing Devices from Digital River for purposes which are outside your trade, business, craft or profession and with a United Kingdom address for delivery of those Devices.

Contact Information

The Device is sold by the company Digital River UK Ltd. (limited liability company based in Netherlands)

Registration Address
Digital River UK Ltd.
TMF Group, 8th Floor, 20 Farringdon Street
London, EC4A 4AB, United Kingdom

Motorola Phone number: UK: +44 (0) 3339-997-550

Motorola Web Contact Form: https://support.motorola.com/uk/en/contactus

In case of any complaints, you may contact Motorola or Digital River as stated above.

Purchase Terms: Show Us The Money!

You’re not a store. You’re buying this phone for yourself or to give as a gift. These terms and conditions apply thus only to consumers. We do not authorize reselling of products purchased on this site for commercial purposes. Warranty, support, and any other services provided are not transferable if you resell Motorola Devices or other products purchased from this site. We can only ship to addresses within the UK, and no P.O. boxes or freight forwarding. If you live in another country please use our country locator to see our product lineup for your market. Digital River may decline to ship Devices to certain addresses and Digital River reserves the right to reject your order.

You may place an order for Device (s) directly with Digital River online on our website www.motorola.co.uk. The order process is set out on the website. You can amend any error before submitting the order.

You may not order more than the maximum number of Devices per order that we specify at the time of purchase.

When you place an order with Digital River, you are making an offer to buy Devices. You can only purchase the Devices if you are eligible to enter into a sale contract and are at least 18 years old. A purchase contract for the product(s) you have ordered is concluded between you and Digital River once Digital River dispatches the Device (s) to you and send an e-mail confirming the shipment (“Shipping Confirmation”). By placing an order, you agree to and accept these terms, as well as our privacy policy and the terms of website use.

Once your order has been confirmed and Device(s) shipped, changes may not be possible or may incur additional charges or delays.

Payment Terms

Make sure you use a valid major credit card (Mastercard or Visa). When you place an order, you permit Digital River (directly or through its authorized third party payment provider on its behalf) to charge the payment method in the total amount of your order, including any shipping and handling charges and taxes as set out on the order summary. Your payment method billing address must be within the UK.

The Device price displayed on the site is in UK pounds and includes value added tax at the current rate. Shipping and handling charges, if applicable, are not included in the price but they will be displayed on the order summary page and you will be able to review them before placing your order at checkout. You will be required to pay for the goods in full at the time of ordering.

Promotional prices only apply during the period stated on the website.

Pricing Mistakes

No one likes them, but everyone makes them once in a while. If a significant pricing mistake happens you agree that Digital River will not be bound by that incorrect price, unless the purchase contract has already been concluded (as described above). If we notice a gross mistake and the purchase contract has not yet been concluded, we will let you know the correct price and you will get to choose to either continue with your order at the correct price or cancel it.

Plan

You have to get a service plan on your phone to activate it. Those come from separate companies, and the plan is between you and the carrier; neither Digital River or Motorola are a part of it.

Shipping and Delivery

Your order will be shipped by a recognized courier service. You pay shipping and handling as part of your order unless specific terms provide otherwise. If you order more than one product, they might arrive at different times. If we decide to send your order in multiple parts you pay the shipping and handling charges only once. If you ask us to send your order in multiple parts we charge you for every extra shipping. You aren’t charged for each item until it leaves our building, but of course you’ll be charged for everything you bought eventually. When you buy a physical product, it’s yours as soon as it arrives – and if you lose it after that, that’s on you.

We will do our best to keep expected delivery dates for unavailable stock up-to-date and as accurate as possible. However, sometimes further delays to delivery are outside our control.

Unfortunately, at this time we can’t ship to P.O. Boxes or addresses outside UK.

Returns and Right of Withdrawal

As it is a distance contract you can cancel the contract within 14 days without giving reason (as specified within Annex 1). If you have ordered one product or you have ordered multiple products in one order and the products are delivered in one lot, the information notice on the right of withdrawal set out in Annex 1 to this document applies.

If you have ordered multiple products that are delivered separately, the information notice on the right of withdrawal set out in Annex 1 to this document applies.

Any returns and right of withdrawal have to be notified to our contact center as set out within Annex 1. Instructions will be provided on how and when the product is to be returned.

Data and Deactivation

You are responsible for managing any data stored on your Device, including for example deleting, transferring and creating back-¬ups of such data.

Personal Data

Personal data obtained by Digital River from you shall be held and processed in accordance with all applicable laws and consistently with our Privacy Policy. Please review the Privacy Policy.

Restrictions

The Device may be subject to import and export laws and regulations in the United States, UK and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Device. These laws may include restrictions on destinations, users, and end use.

You may only use the Device in accordance with the instructions and licenses that come with it, including instructions and licenses that may be available online. Motorola as a producer of the Devices may provide software updates/upgrades that you will need to install in order for your Device and/or Motorola services to function properly, and the use of that software may be subject to additional licensing terms.

Faulty Devices. Statutory and limited Warranty: What Happens If Something Breaks

Once you receive Device (s), you will take on risk of damage to or loss of the Device (s). Please examine the Devices (s) carefully upon their delivery. If there is any problem with the Device, please notify us by email or in writing providing details of the problem/. This will give us the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair services. Digital River will handle the matter in accordance with your legal rights. If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement Device will not be dispatched the original goods have been received at our warehouse and checked.

In addition to your statutory warranty rights, Motorola as the manufacturer of Devices provides a limited warranty for Motorola-¬branded products, subject to the terms and conditions of that warranty. Motorola’s current limited warranty can be viewed here. Motorola’s limited warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.

If your phone breaks after it arrives while under warranty, Motorola will fix it.

OTHER THAN THE WARRANTIES WE LIST IN THESE TERMS OF SALE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL RIVER AND MOTOROLA EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON--INFRINGEMENT. LIABILITIES: AKA, THINGS WE CAN’T BE HELD RESPONSIBLE FOR:

Motorola just builds the phones and Digital River is a Motorola Device reseller. If your signal is weak or you drop a call, that’s usually the network not the phone; and we may not be able to do anything about it. Similarly, we can’t do anything about the billing on your cellular or data plan or any other aspects of subscription services.

Motorola and/or Digital River strive to accurately depict Motorola products through the pictures displayed on the site. Nonetheless, computer or mobile screens may not reproduce the images with 100 percent accuracy, particularly the colors you see. Neither Digital River nor Motorola will assume any liability for any such variances.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DIGITAL RIVER OR MOTOROLA OR THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "SELLER PARTIES") SHALL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH ANY DEVICE OR THESE TERMS OF SALE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A SELLER PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER PARTIES' TOTAL LIABILITY IN CONNECTION WITH ANY DEVICE OR THESE TERMS OF SALE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DIGITAL RIVER UNDER THESE TERMS.

Other Tidbits

• If you live outside the UK please use our country locator to see our product line-¬up for your market. Digital River may decline to ship Devices to certain addresses and Digital River reserves the right to reject your order. We indicate acceptance of an order by shipping the Device to the customer.
• We do not sell to minors.
• Any delivery dates or times provided by Digital River or its delivery agent are estimates only and can’t be guaranteed.
• All features, content, specifications, Devices and prices of Devices and services described on the website are subject to change at any time. These specifications and descriptions are generally approximate and are provided for convenience only.
• After purchasing a Device, you shall only use the ordered Device in a lawful manner.
• We reserve the right to change prices for products displayed on the site at any time. This does not affect any orders already made by you.
• Any dispute between you and Digital River or Motorola relating to the Device shall be determined by the courts in the country in which you purchased the Device.
• The Terms of Sale in effect at the time you place an order for the Device will apply to such order and Device. We reserve the right to make changes to these Terms of Sale from time to time, and any such changes will apply to future orders.
• If it turns out that a particular term of these terms of Sale is not valid or enforceable, this will not affect validity or effectiveness of any other terms, which shall remain in full force and effect.
• Neither party will be responsible for any delay or failure to comply with these Terms of Sale if the delay or failure arises from any cause which is beyond its reasonable control. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
• These Terms of Sale is a purchase contract between you and Digital River and is governed by the laws of the country in which you purchased the Device without regards to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.

Annex 1:

If you have ordered one product or you have ordered multiple products in one order and the products are delivered in one lot, the following information notice on the right of withdrawal applies.

Information On The Right Of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

Web address: Your decision to withdraw from this contract by an unequivocal statement needs to be recorded by contacting customer care via the following link https://support.motorola.com/uk/en/contactus.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You may use the attached model withdrawal form, but it is not obligatory.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Withdrawal form

I/We [*] hereby give notice that I/We [*] withdraw form my/our [*] contract of sale of the following goods [*]

Ordered on [*]/received on [*]

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

[*] Delete as appropriate