1.1 For the business relationship between UK TELECOM S.L. (in the following, UKT) and the ordering party, the following Terms and Conditions apply in the version applicable at the time the order is placed. Any deviating conditions set forth by the ordering party will not be acknowledged by UKT unless UKT has granted its express written consent to their applicability.
2.1 Your placement of an order represents a proposal directed to us for the conclusion of a purchase contract. When you place your order to UKT, we send you an e-mail to confirm our receipt of your order; this message includes the details on your purchase (order confirmation). This order confirmation does not represent our acceptance of your proposal; rather, it serves merely to inform you that we have received your order. A purchase contract only takes effect when we send the order product to you and confirm this with a second e-mail (delivery confirmation) addressed to you. No purchase contract takes effect on the products indicated in one and the same order which are not included in the delivery confirmation. The contractual partner is the company UK TELECOM S.L.
2.2. UKT offers no products to be purchased by minors. Please note that we offer all products only in quantities typically purchased by individuals. This condition applies to the quantity of products ordered in the context of a single order as well as to the submission of several orders for the same product (each of which indicates a quantity typically purchased by individuals).
3.1 The customer can utilise mobile-phone services within the geographical area designated as the "call UKT" broadcast and reception area (coverage range of the transmission stations operated by "call UKT" within Spain). In this process, telecommunications connections are established by UKT in the context of the existing technical and operational capacities, with a median outlet probability of 97 %.
3.2 Temporary malfunctions in or interruption of the services can occur for reasons associated with force majeure (including strikes, lockouts and official orders also due to technical modifications on the installations operated by UKT or due to any other measures required to ensure proper and/or enhanced operation of the UKT network. This applies likewise to malfunctions in telecommunications installations operated by third parties which UKT also utilises in fulfilling its obligations.
3.3 If a service by "Call and Save" is only offered for a limited time, only in conjunction with a given rate and/or only at extra charge, this condition is shown in the price list or in a product description.
4.1 Insofar as nothing to the contrary has already been agreed, delivery takes place from the UKT warehouse to the delivery address indicated by the ordering party. Specifications on the delivery periods are non-binding insofar as the delivery date has not been expressly confirmed in a binding fashion, which does occur in exceptional cases. If UKT by no fault of its own is unable to deliver the ordered merchandise because UKT's supplier does not fulfil its contractual obligations, UKT is then entitled to withdraw from the contract with the ordering party. In this case, the ordering party will be promptly informed that the ordered product is not available. The legal claims on the part of the ordering party remain hereby unaffected.
4.2. Insofar as a delivery to the ordering party is not possible because the delivered merchandise does not fit through the entry door, main entrance or stairway on the ordering party's premises or because the ordering party is not present at the indicated address despite the announcement of the scheduled delivery at reasonable notice, the ordering party bears the costs for the failed delivery.
5.1 The delivered merchandise remains the property of UKT until paid in full.
6.1 If there is a defect in the purchased item, the relevant legal regulations apply. The cession of these claims on the part of the ordering party is excluded.
6.2 Insofar as nothing else results from the following specifications, any further claims on the part of the ordering party regardless of their legal grounds are excluded. Therefore, UKT is not liable for any damages which have not occurred to the supplied object itself; particularly, UKT is not liable for any lost profits or any other financial losses sustained by the ordering party. Insofar as the contractual liability on the part of UKT is excluded or limited, this also applies to the personal liability on the part of its employees, representatives and auxiliary agents.
6.3 The aforementioned limitation of liability does not apply insofar as the cause of the damages is attributed to malicious intent or gross negligence or is associated with personal injury. Insofar as UKT negligently violates an obligation material to this contract, the compensation obligation for property damages is limited to the amount of the typically occurring damages.
6.4 If subsequent fulfilment has taken place by way of the delivery of a replacement, the ordering party is obligated to return the initially delivered merchandise within 30 days to UKT, at UKT's expense. The return of the defective merchandise must take place according to the legal requirements. UKT reserves the right to assert damages compensation under the requirements stated by law.
6.5 The statute of limitations amounts to twenty-four months (as of the date of delivery).
7.1 The customer can only offset any receivables on the part of UKT with uncontested or finally-ruled receivables.
8.1 The customer will immediately notify UKT of any change in his/her personal data lodged with UKT.
8.2 The customer must immediately notify UKT of the loss of the SIM card or its unauthorised use by any third parties in case of notification by phone, by also specifying his designated customer password. UKT will immediately block the SIM card.
9.1 The customer is obligated to refrain from misuse of the services provided by UKT, which particularly entails the following: - modification or damage to/interference with the UKT network and its logical structure and/or other networks; - transmitting viruses, prohibited ad mailings, chain letters or any other nuisance messages; - violating any rights held by third parties, particularly industrial property rights (i.e., copyrights and trademark rights); - violating any criminal-law regulations or regulations associated with the protection of minors; - utilising the services in any form which exceeds the typical scope of end-customer use and/or for the establishment of connections for which the caller as a result of the call and/or - depending on the duration of the connection receives payments or any other monetary services in kind from third parties (i.e., connections to ad hotlines). - use of the services to make a computer permanently accessible as a server; - dial any destination call numbers when the establishment of a connection is not desired by and/or known to the customer and/or it is known that the establishment of the connection particularly also by way of technical measures will be blocked by the owner of the destination call number or by third parties upon his request; - perform any commercial forwarding of connections or provide interconnection services.
9.2 If the customer violates any of these obligations, UKT is authorised to take all necessary measures to eliminate the misuse of services. In the event of the violation of obligations arising from the customer's own fault, the customer is liable to UKT for damages compensation.
10.1 UKT stores communications data (those data which are collected, processed or utilised in the course of the supply and provision of telecommunications services) for purposes associated with the proof of the accuracy of the calculated charges in their entirety for up to 6 months following the issuance of the bill.
11.1 UKT is authorised in order to guard against outstanding payments and against the risks associated with the illicit use of the services by third parties to transmit individual-related contract data, as well as information on any transactions made in a manner which runs contrary to the conditions of this contract (i.e., termination of a service contract due to delay in payment, a motion filing of a motion for the issuance of a dunning letter in the event of uncontested outstanding payments, compulsory enforcement measures as well as blocking connections in cases of misuse) to third parties and obtain from them the respective information. Insofar as (during the customer relationship) such data are obtained by ASNEF or other customer relationships, UKT will be notified of this. The respective transmission of data only takes place insofar this is required to uphold justified interests on the part of UKT or a UKT contractual partner, and interference with any concerns on the part of the customer which merit protection does not take place. In the case of corporate customers, UKT also exchanges data with other credit agencies and loan-insurance companies according to the aforementioned principles.
11.2 Upon request, the customer receives the addresses of the respective companies, along with a data sheet on the ASNEF.
12.1 In order to award contracts for services to be provided via the Website, the user must provide to UKT the complete and accurate mandatory information as requested. To enable the user to familiarise him- or herself with the conditions applicable to the services or content to which he/she would like to gain access, these will be stated in detail by UKT prior to the awarding of the respective contract. To enable the final and binding awarding of a contract, these conditions must be accepted by the users.
13.1 UKT can modify the Website at its own discretion and add additional services and/or content to the currently-existing services and/or content; the same applies to their deletion. UKT can modify the Website at its own discretion and block access by all or some users to perform necessary or desired modifications or repairs. Under no circumstances is UKT liable for the malfunctioning system operation, insofar as this is to be attributed to the faulty setting of users' devices or to their lack of performance capacity to support the essential computer systems for the use of the services. UKT is obligated to keep the information and content displayed on the Website current in every way feasible. However, the user is aware of the circumstance that the content and services offered on the Website can contain errors which UKT will remedy as quickly as possible as soon as their existence is known.
14.1 Under no circumstances is UKT liable for the use of the Website by the user. The user may not, in the course of the use of the Website or the aids provided to him/her, act in any manner which comprises a violation of any intellectual- or industrial-property rights held by UKT or third parties and/or the reputation, the personal or familial privacy or the image of third parties which are illicit or an insult to morality. Also, he/she holds UKT harmless in any case toward any claims asserted in and out of court which are brought forth towards UKT as a result of said usage.
14.2 The user may in no shape or form destroy, modify, disable or damage any data, programmes or electronic documents which are the property of UKT, its suppliers or any third parties. In addition, the introduction or dissemination of programme, viruses, Applets or any other physical and/or electronic instruments which interfere with or have the potential to interfere with the system or any third-party devices is prohibited. The deletion or modification of e-mails sent by other users, the sending of mass mailings for commercial or advertising purposes as well as any other actions or behaviours which violate the generally-recognised rules of conduct among Internet users are expressly prohibited.
15.1 The user expressly accepts the condition to hold UKT harmless in view of any liabilities associated with the quality, accuracy, trustworthiness, correctness or morality of the data, programmes, information or opinions of any origin whatsoever which are disseminated in its network or in the networks to which the user has access via the Website as well as (if applicable) the information supplied to the Internet by the user via the UKT network. The user assumes the exclusive liability for the consequences, damages or claims assertion which can result from the access to content and information as well as their reproduction. UKT is not liable for any violations committed by users of the rights of any other users, UKT or third parties (among others: copyrights, trademark rights, patent rights, rights to confidential information and other rights associated with intellectual and commercial property). UKT can refuse those users access to the Website who violate the conditions of usage indicated in this current document.
16.1 UKT is not responsible for the information which the user can access via the links, directories and search engines included in the Website. This does not apply when UKT is in fact aware that the linked activities or information are illicit or violate any material goods subject to damages-compensation claims/any rights of a third party, and UKT in the course of the deletion or disabling of the respective link does not act with the required due diligence. This circumstance is in fact known to UKT (in the context of the previous section) when a competent agency has declared the data illicit, ordered the deletion of the same or blocked access to the same, or the existence of a violation has been announced and UKT is aware of the respective ruling. This applies subject to the measures forthe recognition and deletion of content which are taken as a result of voluntary agreements between the service providers and other actually informed media.
16.2 The exemption of liability is not guilty in those cases in which the receiver of the service acts under instruction or control of UKT.
17.1 All distinguishing characteristics displayed on the Website (such as brands, trade names etc.) are protected in accordance with applicable laws in the area of trademark protection. Their reproduction, transmission, usage or utilisation by the Website users is therefore prohibited unless these users have the prior written consent by the respective legal entity.
18.1 Under the express waiver of any other jurisdictions, UKT and the user submit to the jurisdiction of the courts at the user's place of residence for the resolution of disputes which arise from access to the Website. If the user resides outside of Spain, UKT and the user (under the express waiver of any other jurisdictions) submit to the jurisdiction of the courts at the city of Palma.