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Terms and Conditions

Version 1.1
Last updated: 27 September 2026

These Terms & Conditions apply to purchases made from Birchward Ltd, trading as Birchward Mobile, through our website.

By placing an order with us, you agree to these Terms & Conditions.

1. About Us

This website is operated by:

Birchward Ltd
Trading as Birchward Mobile
Unit 007 & 008
North Farm Road
Tunbridge Wells
TN2 3DP
United Kingdom

Email: info@birchward-mobile.co.uk

“Birchward Mobile”, “we”, “us” and “our” refer to Birchward Ltd.

2. Who These Terms Apply To

These Terms apply to:

  • consumers buying for personal use; and

  • businesses buying for trade, commercial or professional purposes.

If you are buying as a consumer, you have legal rights under UK consumer law. Nothing in these Terms affects those rights.

3. Products

We sell mobile phones, tablets, audio products, gaming equipment, smart technology and accessories.

We make reasonable efforts to ensure that product descriptions, images, prices and availability are accurate. However, images are for illustration purposes only and colours, packaging or other minor product details may vary.

You are responsible for checking that a product is suitable for your needs before ordering.

4. Orders

When you place an order, you are making an offer to buy the products in your basket.

Your order is accepted when we send you confirmation that the products have been dispatched, or when we otherwise expressly confirm acceptance of your order.

We may refuse or cancel an order where:

  • the product is unavailable;

  • there is an error in the price or product description;

  • payment is not authorised;

  • we suspect fraud, misuse or other unlawful activity;

  • delivery cannot be made to the address provided; or

  • the order appears to be for resale or commercial use that we have not agreed to.

If we cancel an order after payment has been taken, we will refund the amount paid.

5. Prices and Payment

All prices are shown in pounds sterling (£).

Prices include VAT where applicable unless stated otherwise.

Delivery charges, where applicable, will be shown separately before you complete your order.

Payment must be made using one of the payment methods available on our website.

We do not store your full payment card details. Payments are processed securely by third-party payment providers.

6. Delivery

We will deliver your order to the delivery address provided at checkout.

Estimated delivery times are shown on our website or during checkout. Unless we expressly agree otherwise, these are estimates rather than guaranteed delivery dates.

If delivery is significantly delayed, we will contact you where reasonably possible.

For consumers, risk in the products passes to you when the products are delivered to you or to a person identified by you to take possession of them.

Ownership of the products passes to you once we have received payment in full.

7. Failed Delivery or Incorrect Address

You are responsible for providing a complete and accurate delivery address.

If an order is returned to us because:

  • the delivery address provided was incorrect or incomplete;

  • the parcel was not collected;

  • delivery was refused; or

  • the courier could not complete delivery for reasons outside our control,

we may require payment of reasonable additional postage or courier costs before resending the order.

This does not affect your rights where the failed delivery was caused by us or our delivery provider.

8. Your Right to Cancel — Consumers Only

If you are buying as a consumer online, you will generally have the right to cancel your order without giving a reason within 14 days after the day on which you, or a person nominated by you, receives the goods.

To exercise your right to cancel, you must clearly inform us of your decision to cancel. Contact:

info@birchward-mobile.co.uk

After telling us that you wish to cancel, you must return the goods to us within 14 days.

You are entitled to inspect the goods in the same way that you could reasonably inspect them in a shop. We may make a deduction from your refund for any reduction in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Unless the goods are faulty, damaged or misdescribed, you are responsible for the direct cost of returning them.

Where the cancellation right applies, we will refund the payments we are required by law to refund, including the cost of our least expensive standard delivery option. If you selected a more expensive delivery method, the additional delivery cost is not refundable.

We will make the refund without undue delay and within the time limits required by law. Where goods are being returned, we may withhold the refund until we have received the goods back or you provide evidence that you have sent them back, whichever occurs first.

9. Exceptions to the Right to Cancel

The statutory right to cancel may not apply to certain goods, including:

  • goods made to your specifications or clearly personalised;

  • sealed goods that are not suitable for return for health protection or hygiene reasons where the seal has been broken after delivery; and

  • other goods for which an exception to the statutory cancellation right applies under applicable consumer law.

These exceptions do not affect your rights where goods are faulty, damaged or misdescribed.

10. Faulty, Damaged or Misdescribed Goods

We have a legal duty to supply goods that conform to the contract, including goods that are of satisfactory quality, fit for purpose and as described.

If goods are faulty, damaged or misdescribed, please contact us as soon as possible at:

info@birchward-mobile.co.uk

Consumers may have a short-term right to reject goods that do not conform to the contract within 30 days, subject to applicable law. After that period, you may have rights to a repair or replacement and, in certain circumstances, a price reduction or final right to reject.

We may ask you to provide photographs or return the product so that we can investigate the problem.

Where goods are faulty, damaged or misdescribed and you have a legal right to return them, we will cover reasonable return costs.

Nothing in these Terms limits your statutory rights.

11. Returns Process

To arrange a return, please contact us and provide:

  • your order number;

  • your name;

  • the product you wish to return;

  • the reason for the return; and

  • photographs where relevant, particularly if an item is damaged or faulty.

Unless we provide different return instructions, returns should be sent to:

Birchward Ltd
Unit 007 & 008
North Farm Road
Tunbridge Wells
TN2 3DP
United Kingdom

Please package returned products appropriately and obtain proof of postage.

12. Product Safety and Use

You must use products appropriately and follow any safety information, warnings or manufacturer instructions supplied with them.

Nothing in this section limits any responsibility or liability that we cannot lawfully exclude.

13. Manufacturer Warranties

Some products may be supplied with a manufacturer’s warranty.

Any manufacturer’s warranty is provided by the relevant manufacturer unless we expressly state otherwise.

Your statutory rights are separate from, and are not affected by, any manufacturer’s warranty.

14. Business Customers

If you purchase from us on behalf of a business, you confirm that you have authority to bind that business.

For business customers:

  • statutory consumer cancellation rights do not apply;

  • change-of-mind returns are accepted only at our discretion unless otherwise agreed;

  • we may charge reasonable restocking, handling or return delivery fees where agreed or applicable; and

  • subject to the provisions below, we will not be liable for loss of profit, loss of business, loss of goodwill, loss of opportunity or indirect or consequential losses.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

Subject to liabilities that cannot lawfully be limited or excluded, our total liability to a business customer arising from an order will not exceed the amount paid to us for the products giving rise to the claim.

15. Resale and Marketplace Use

Unless otherwise agreed in writing, products are supplied for normal end use.

If you purchase goods for resale, marketplace trading, export or commercial distribution, you are responsible for ensuring that:

  • the products are suitable for your intended resale;

  • applicable legal, tax, labelling and product safety requirements are met;

  • you comply with applicable marketplace, manufacturer and brand requirements; and

  • you handle your own customer returns and product issues appropriately.

We reserve the right to refuse orders that we reasonably believe involve fraud, abuse, unauthorised activity or activity that may damage our legitimate business or supplier relationships.

16. Discount Codes and Promotions

Discount codes and promotions may be subject to additional terms displayed when they are offered.

Unless otherwise stated, discount codes:

  • cannot be combined with other offers;

  • may apply only to selected products or categories;

  • may have an expiry date; and

  • have no cash value.

We may refuse or cancel a discount where we reasonably believe that a promotional code has been used fraudulently, contrary to its terms or as a result of an obvious error.

17. Website and Pricing Accuracy

We take reasonable care to ensure that information on our website is accurate.

However, errors can occasionally occur, including pricing, stock and product-description errors.

If we discover an obvious error affecting your order before we have accepted it, we may contact you to give you the opportunity to place an order at the correct price or cancel your order.

If a contract has already been formed, your legal rights will apply and nothing in these Terms allows us to change the agreed price unilaterally where we do not have a lawful right to do so.

18. Account Registration

You may be able to create an account on our website.

You are responsible for taking reasonable steps to keep your login details secure.

You must not allow another person to use your account without your permission.

We may suspend or close accounts where we reasonably suspect fraud, misuse, abuse or a material breach of these Terms.

19. SMS Marketing

If you choose to receive marketing text messages from Birchward Mobile, we may send you messages about products, promotions, offers and other marketing communications in accordance with your consent and applicable data protection and electronic marketing laws.

Message frequency may vary.

You can withdraw your consent at any time using the unsubscribe method provided in the message or by contacting:

info@birchward-mobile.co.uk

Where supported, you may also be able to opt out by replying STOP.

Your mobile provider may charge its usual message or data rates.

Our use of personal information for marketing purposes is explained in our Privacy Policy.

20. Privacy and Cookies

We process personal data in accordance with our Privacy Policy.

Our use of cookies and similar technologies is explained in our Cookie Policy.

Please read those policies for further information about how we collect and use personal information.

21. Intellectual Property

Unless otherwise stated, content on our website, including our original text, branding, logos, design and layout, belongs to us or is licensed to us.

You must not reproduce, distribute, scrape or commercially exploit our website content without permission except where permitted by law.

Third-party product images, descriptions, trademarks, brand names and other intellectual property remain the property of their respective owners.

22. Limitation of Liability

Nothing in these Terms excludes or limits liability for:

  • death or personal injury caused by negligence;

  • fraud or fraudulent misrepresentation;

  • breach of your statutory rights; or

  • any other liability that cannot legally be excluded or limited.

If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

We are not responsible for business losses suffered by consumers where the products were purchased wholly or mainly for personal use.

The separate limitations applying to business customers are set out in section 14.

23. Events Outside Our Reasonable Control

We will not be responsible for delays or failures caused by circumstances outside our reasonable control.

These may include severe weather, strikes, supply-chain disruption, IT or telecommunications failures, failures affecting delivery providers, pandemics, government action and other events that we could not reasonably prevent.

If such an event materially affects our ability to fulfil your order, we will contact you as soon as reasonably practicable and take reasonable steps to minimise the effect of the delay.

Your statutory rights, including any applicable rights relating to delayed delivery or cancellation, are not affected.

24. Changes to These Terms

We may update these Terms from time to time.

The Terms that apply to your purchase will normally be those in force when your order is placed, subject to any mandatory legal rights.

The latest version will be published on our website.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

If you are a consumer living in another part of the United Kingdom, you may also benefit from mandatory provisions of the law applicable where you live and may bring proceedings in the courts available to you under applicable law.

If you are a business customer, the courts of England and Wales will have exclusive jurisdiction.

26. Contact Us

For questions about these Terms, orders, returns or complaints, contact:

Birchward Ltd trading as Birchward Mobile
Email: info@birchward-mobile.co.uk

Postal address:

Birchward Ltd
Unit 007 & 008
North Farm Road
Tunbridge Wells
TN2 3DP
United Kingdom