In these Terms and Conditions the following words shall have ' attributed to them the meanings specified

1.1 'Goods' shall mean all goods and services which the Customer agrees to buy from Wireless including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.

1.2 ’Wireless’ shall mean Wireless. whose principal place of business and registered office is at Kemming road Whiwell Ventnor Isle of Wight PO38 2QT UK.

1.3 'Contract' shall mean the Contract between Wireless and the Customer for the sale of Goods by Wireless to the Customer.

1.4 'Customer' shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer.

1.5 'Catalogue' shall mean any published promotional material produced by Wireless. 'Website' shall mean the content of www.wirelessretail.co.uk

1.6 'Consumer' shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.

1.7 Trade Customer' shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.

1.8 'Credit Customer' shall mean a Trade Customer to whom Wireless allows credit in respect of Goods purchased or agreed to be purchased.

1.9 'Working Days' shall mean Monday to Friday inclusive but exclusive of Bank Holidays.

1.10 'Customer's Registered Address' shall mean the address of the Customer that is already registered with Wireless or the address registered with the issuing company.

2.1 All orders for Goods are accepted by Wireless subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Wireless and the Customer for the sale of Goods.

2.2 All descriptions and illustrations contained in this web site or any price list or otherwise communicated to the Customer are intended as guidance only and illustrations and descriptions may vary.

Wireless will use its best endeavours to ensure that all descriptions and advice offered are correct, but it Is the customers own responsibility to ensure that the requirements and expectations and use of the product in the way intended by the Customer are clear and correctly stated as this is relevant to the information then offered by Wireless on Wireless products.

2.3 Any Catalogue or web site published by Wireless is an invitation to treat and not an offer to supply.

2.4 Subject to condition 2.5 any advice or recommendation given by Wireless or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by Wireless).

2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.

3 Prices

3.1 All prices for the Goods are in pounds Sterling and subject to Value Added Tax ("VAT") at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Wireless.

3.2 Whilst every endeavour will be made to maintain the prices in this web site, Wireless reserves the right to alter prices at any time.

3.3 Any change in price will be communicated to the customer at the time of ordering.

4.1 Where possible orders should be made using Wireless order codes and a Customer number.

4.2 Written confirmation is not required for a telephone order, but if the Customer sends written confirmation such confirmation must be marked 'Confirmation Only' so as to avoid liability for a dupiicated-delivery. Any resulting duplication of delivery shall be the responsibility of the Customer.

4.3 Orders submitted by fax or post should use one of Wireless’s

official order forms, for which subject to condition 6 hereof there shall be an additional mail order handling charge.

4.4 Wireless reserves the right to deliver part orders, or hold orders until all items are available, as required.

4.5 To cancel an order, the Customer must contact Wireless within 7 days of the date that the order was placed, by telephoning the Customer Service Department on 01983 731821, or by email to sales@wirelessretail.co.uk or in writing to the registered address of Wireless. In all cases the invoice number relevant to the goods being returned must be quoted. Wireless will refund in full to the Customer the invoice value of the Goods. The Customer shall be liable for the postage costs to return the Goods to Wireless. Goods must be returned by first class post with proof of posting. The Customer must take reasonable care of the Goods and return them in the original packaging and suitably protected to ensure safe delivery to Wireless. This paragraph shall not apply to 16.1 of these terms and conditions.

4.6 When dealing as a Trade Customer authorisation for the return of goods must be obtained from the Customer Service Department by telephoning 01983 731821. In the event of the Trade Customer cancelling part of an order Wireless reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.

4.7 Wireless reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Wireless may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Wireless of an order. In the event that Wireless declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.

5.1 Telephone orders to be charged to a Credit Account held by a Trade Customer with Wireless will only be accepted with an official purchase order number.

5.2 Trade Customers wishing to purchase Goods on account at a Wireless will be required to provide a written purchase order containing the Wireless trade account number.

Delivery is free (Isle of Wight) for all orders over £10 inclusive of VAT. For orders under £10 inclusive of VAT a small order charge will be levied. The current charge can be ascertained by contacting Wireless.

7.1 Payment shall be made by the Customer for all monies owed to Wireless in respect of orders placed for Goods.

7.2 Payment shall be made at the time that the order is placed. Payment may be made by, and is acceptable by, cash, cheque or Bank transfer, Cheques and Postal Orders must be made payable to "Wireless" and crossed "payee only".

7.3 Credit terms maybe available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Wireless. Payment is due by the end of the month following the month of despatch without any deductions. Time is of the essence for payment. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Wireless, Wireless shall be entitled to: i) Cancel the order and suspend further deliveries of Goods.

ii) Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Wireless may think fit.

ill) Charge an administration fee for any legal or other collection processes required to recover all monies due.

iv) Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

8.1 The risk of damage to or loss of Goods ordered from Wireless will pass to the Customer when the goods are delivered.

8.2 Conditions 8.3,8.4,8.5 and 8.6 shall not apply to any Consumer.

8.3 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Wireless. The Customer shall store the Goods (at no cost to Wireless) separately from all other Goods in its

possession and marked in such a way that they are clearly identified as Wireless property. Notwithstanding that the Goods (off any part of them) remain the property of Wireless the Customer may sell or use the Goods in the ordinary course of the Customer's business at full market value for the account of Wireless. Any such sale or dealing shall be a sale or use of Wireless property by the Customer on the Customer's own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Wireless the entire proceeds of sale or otherwise of the Goods shall be held in trust for Wireless and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Wireless money. Wireless shall be entitled to recover the price of the Goods (including VAT and all other monies due to Wireless from the Customer) notwithstanding that property in any of the Goods has not passed from Wireless.

8.4 Until such time as the property in the Goods passes from Wireless, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Wireless. If the Customer fails to return Goods, Wireless may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease.

8.5 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Wireless. Without prejudice to the other rights of Wireless, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.

8.6 The Customer shall insure and keep insured the Goods to the full value against 'all risks' to the reasonable satisfaction of Wireless until the date that property in title Goods passes from Wireless and shall, whenever requested by Wireless, produce a copy of the policy of insurance and evidence of payment of premium Without prejudice to the other rights of Wireless, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Wireless shall forthwith become due -and payable.

9.1 All orders over £10 are delivered carriage free to the Isle of Wight only.

9.2 Same day despatch is normally achieved provided the order has been received by Wireless before 5.00 pm during Working Days. and orders are too large to be despatched by Wireless contracted carrier.

9.3 Delivery will normally only be made to the Customer's registered address unless notified to Wireless in writing beforehand.

Orders under 1 kg will be despatched where reasonably practicable by first class post on the same working day as the order is received by Wireless.

All items over 1 kg will be despatched where reasonably practicable the same working day as the order is received by Wireless by courier and normally delivered within three working days.

12.1 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch.

12.2 The Customer is responsible at their own expense to»! any import or export license or any other documentation d necessary by any compliant authority.

13.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from Wireless and shall within 14 days of such delivery or receipt give notice to the Customer Service Department of Wireless of any damage or defect in the Goods.

13.2 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of Wireless within 14 days of invoice date and the invoice number. must be quoted.

13.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any damage or defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.

13.4 SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY TO THEM IN A DAMAGED CONDITION THEY MUST ENDORSE THE CARRIERS DELIVERY DOCUMENTATION.

13.5 Wireless shall not be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.

13.6 Conditions 13.1 to 13.5 inclusive do not affect the statutory rights of consumer.

14 Order Cancellations

14.1 In the event of cancellation of part of an order by the Customer of an order Wireless reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Customer requirements (schedule and non-stock items) cannot be cancelled.

14.2 Condition 15.1 shall not apply to any Consumer.

15 Warranty

15.1 Any defects in the Goods which under proper use appear within a period of twelve months (or as may be otherwise previously stated by Wireless) after delivery and which are due to faulty materials, workmanship or design will be made good by Wireless either by repair or, at the sole discretion of Wireless, by replacement or refund provided that the Goods or the defective parts are returned together with (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within the period of twelve months immediately after delivery.

15.2 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Wireless.

15.3 Wireless Reserve the right to inspect at the place of business in Whitwell any Goods returned prior to issuing credit for those Goods.

15.4 Warranty seals applied to any Goods supplied by Wireless must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.

15.5 The warranty period is twelve months from the date of purchase (unless otherwise stated). If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Wireless in writing.

15.6 Conditions 16.1 to 16.7 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.

16 General Descriptive Matter

16.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the web site, catalogue or any price list or advertising material or otherwise communicated to the Customer are intended merely to present general information of the Goods. Descriptions and illustrations may vary.

16.2 If the description of any Goods which are not directly manufactured by Wireless contained in any correspondence, invoice, web site or the current Catalogue varies from that of the manufacturer's description, then the manufacturer's description will be deemed to be the correct description and shall take precedence over the description assigned by Wireless. The updated and complete man­ufacturer's description is available from Wireless on request before any order is placed.

16.3 In the event of any material change to any description of goods since the date of publication of the last catalogue, or time of last web site update by Wireless, Wireless will advise the Customer of the revised description prior to any order being accepted by Wireless.

16.4 Wireless reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.

17 Product Performance

The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements rests with the Customer save insofar as Wireless have specifically advised the Customer that the Goods are sufficient and suitable for the Customer's purposes.

18 Quality Assurance

All mail order Goods detailed in the web site have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001; 2000.

19 Country of Origin

Goods listed in any Wireless web site may originate from a Non-EU source. Any published information by Wireless as to the country of origin of Goods is an indicator only of the source of supply to Wireless and does not constitute a warranty or representation.

20 Copyrights, Patents, Intellectual Property & Information

20.1 Goods referred to in any Wireless web site, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. Wireless owns full copyright in respect of any Catalogue or web site whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or other­wise, in part or in whole, is prohibited without the prior written consent of Wireless. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Wireless and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Wireless are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.

20.2 Where any designs or specifications have been supplied by the Customer for manufacture of Goods by Wireless the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Wireless against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.

21 Data Protection

22.1 By placing an order with Wireless the Customer agrees to data relating to the transaction being retained and processed by Wireless in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Wireless for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.

21.2 Wireless may send to the Customer details of other Goods and services offered by Wireless that Wireless may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Wireless either in writing at Mountside Kemming Road Whitwell Ventnor Isle of Wight PO38 2QT, by facsimile on 01983 731821, by telephone on 01983 731821 or by e-mail at limehouse@btinternet.com requesting that data is removed from the marketing database.

Wireless subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely.

The Customer may, by writing to the Customer Service Department of Wireless, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Wireless.

For Trade CustomersWireless will also retain and process information in its capacity of a credit reference agency.

Telephone calls and e-mails to Wireless may be recorded or monitored for the purposes of security training and quality assurance.

22 Limitation of Liability

22.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer's application unless the purpose is previously notified to Wireless.

22.2 To the extent permitted by law, Wireless accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Wireless’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.

22.3 To the extent permitted by law,Wireless shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Wireless, its employees or agents or other­wise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.

22.4 The entire liability of Wireless under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.

23 Force Majeure

Wireless shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Wireless in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Wireless. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Wireless: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Wireless or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

24 Law

All contracts between Wireless and the Customer shall be governed by and interpreted in accordance with English Law and both Wireless and the Customer submits to the exclusive jurisdiction of any competent Court in England.

25 Consumer Protection

Nothing contained herein shall affect a Consumer's rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.

26 Insolvency

26.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than tor the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer's business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.

26.2 Wireless may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.

27 Headings

All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Wireless and a Customer.

28 Severance

Any provision of any contract with Wireless which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.

29 Waiver

No waiver or forbearance by Wireless (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.

30 Rights of Third Parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Wireless and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.