Why you’ll love Virgin Mobile
All our Pay Monthly phones and SIMs come on our amazing flexible 4G plans. Not only that, they also feature a wealth of extras that’ll give you more control over your mobile than ever before…
Data Rollover: keep unused mobile data each month
Unused data? Use it next month. That’s just how we roll.
- Keep your unused data to enjoy next month with Data Rollover
- This helps you avoid wasting precious data you’ve paid for
- It also leaves you with more data for next month’s adventures
- Comes as an extra benefit on all Pay Monthly phones and SIMs
How Data Rollover works
It couldn’t be simpler. Any data you don’t use this month gets added to next month’s data. You’ll use up this rolled-over data before you start eating your regular data, so nothing will go to waste.
Only unused data from this month can be rolled into next month. If you’ve got data left over from your previous month, make sure you use it up to get the maximum benefit.
Data Rollover is just one of the ways we help you stay in control of your data
We’re giving you plenty of useful ways to stay in control of your mobile data, helping you avoid unexpected bills and save more for the things you love.
- We’ll text you alerts when you reach 75%, 90%, and 100% of your allowance
- Use our free My Account app to see how much data you’ve used
- Move up and down plans to find the right data allowance for you
- Enjoy free messaging on WhatsApp & Facebook Messenger on our 4G Pay Monthly plans
- We have 250,000+ WiFi hotspots across the UK that you can connect to for free
Enjoy Data Rollover on all our Pay Monthly phones, devices and SIMs
Already on Virgin Mobile?
Upgrade or switch to our flexible 4G Pay Monthly plans for Data Rollover
Make your data allowance rock and roll by upgrading or switching to a flexible 4G plan. If you’re already enjoying Virgin Mobile you can likely move to 4G. Log into your account, change your plan to 4G, and if 4G is available to you we’ll send you a new 4G-ready SIM for your smartphone or device.
It’s not all about Data Rollover – you’re also joining our great 4G mobile network
Got questions about Data Rollover? We’ve got the answers
The legal stuff
Freestyle Contracts: Based on a 24 month Consumer Credit Agreement provided by Virgin Media Mobile Finance Limited and a 30 day rolling Pay Monthly Airtime Contract with Virgin Mobile Telecoms Limited. Credit check & payment by Direct Debit required. You must pay off your loan in full in order to upgrade your handset. 0% APR Representative. Prices shown require eBilling. For paper bill add £1.50 per month.
*Standard charges apply, please check with your network operator for rates.
General: Phones subject to availability. Each July your Airtime Contract will increase in line with the Retail Price Index rate of inflation announced in the April before. Plans include UK calls to UK landlines (01, 02, 03) & UK mobile networks. Jersey, Guernsey and Isle of Man mobiles excluded. UK texts and data only. Speeds experienced will vary by device and location. Tethering and peer to peer file sharing prohibited. Acceptable use policy applies.
Calls to service numbers: The cost of calling 084, 087, 118 and 09 is formed of a combined access and service charge: we set the access charge and the company you’re calling set the service charge. Your access charge for these numbers will be shown on your bill and is currently 36p per minute for Pay As You Go and 45p per minute for Pay Monthly. The service charge will be advertised by the company that you are calling.
Calls to other non-geographic numbers: Freephone calls starting 0800 or 0808 are free from mobiles. Calls to 0500 are free. Calls to 070 numbers will cost you up to £2.50 a minute in the UK.
Pay Monthly SIM Only: 30-day minimum contract applies.
Pay As You Go:Account must be in credit to join Big Talk or Big Data & Texts. Plan changes by agreement only. Previous top ups will not count towards monthly rewards. Total monthly top-ups value determines reward. Rewards added on the first day of the month following top-up & valid for one month or until used if sooner. Minutes for UK landlines (beginning 01, 02, 03) & UK mobile networks. Person-to-person UK texts only (delivery notifications excluded.) UK data only. Tethering prohibited. Registration required - visit virginmobile.com/youraccount. PAYG service terms apply..
Mobile Broadband: Usage amounts given as example only. Credit check and payment by Direct Debit required. 30 day rolling or 12 month contract. If you cancel during the contract you will incur an early disconnection fee. Data bundle is for use within the UK only. Access and speeds are subject to network coverage. Voice-Over-Internet Protocol is not supported. If your use exceeds your monthly allowance you will be charged at the out-of-bundle rate of £2 a day for each day that you use data. Roaming charges apply to your use outside the UK. Pay Monthly terms of service apply. Mobile WiFi device required with upfront fee of £39.99. For full terms and conditions visit virginmobile.com/legalstuff.
Guaranteed next day replacement: Applies to all claims accepted before 6pm Sunday to Friday.
Money back guarantee: Our 14 day Customer Satisfaction Guarantee lets you exchange your joining pack or phone for a different one of the same value or get a full refund, less any airtime you’ve bought. Prepaid packaging will be provided to post it back. Pay As You Go customers will be charged for any airtime used according to our Pay As You Go tariff. Pay Monthly customers will be charged for any airtime used. Calls and texts prior to return will be charged at 31p per minute and 13p per text.
UK’s Best Value Network: Virgin Media awarded "Best Value Network" at 2014,2015 and 2016 Mobile Choice Consumer Awards, decided by public vote among readers of Mobile Choice magazine. Results announced in October each year and valid for one year.
98% UK Population Coverage: Based on using the EE network.
Welcome to Virgin Media Protect, brought to you by Asurion
Virgin Media Protect consists of:
- Insurance which is underwritten by Liberty Mutual Europe Limited (please see the Insurance Terms and Conditions below for further details)
- Mobile Rescue service which is provided by Asurion Soluto Europe Limited (please see the Mobile Rescue Terms and Conditions of Use below for further details)
Payment is collected in a single monthly premium by Asurion Europe Limited. If either the insurance or the Mobile Rescue is cancelled, the other is cancelled automatically.
Insurance Terms and Conditions
Nobody likes reading the small print, but to avoid any surprises, please:
- Read the insurance Terms and Conditions in full so you know what’s covered, what’s not and how to claim
- Block any lost or stolen device as soon as you discover it’s missing by calling Virgin Media on 0345 6000 789* to protect against unauthorised calls
- Make a claim, ideally within 30 days of discovering that your device is damaged or missing by calling us on 0345 030 3291*
- Pay the excess fee to complete your claim for a replacement device which may be refurbished to ‘as new’ standard. The excess fee was confirmed in your welcome pack and you can call us at any time to check it
- Comply with our reasonable instructions, including switching off or uninstalling any app which prevents our access to remove data from the claime for device
- Return any damaged or faulty device in the pre-paid packaging provided with your replacement – or you’ll be charged a non-return fee (based on the value of the non-returned model)
Insurance Terms and Conditions - for customers joining from 10th June 2016 onwards.
Please read the Terms and Conditions in full so you understand what's covered and what’s not. The terms 'we', 'our' and 'us' means Asurion Europe Limited (the policy administrator) and 'the Insurer' means Liberty Mutual Insurance Europe Limited). When we refer to "Virgin Media Protect" in these insurance Terms and Conditions, we are referring to the insurance cover only, not the Mobile Rescue service.
A. Your cover
Virgin Media Protect gives worldwide cover to protect your device against:
- Loss and Theft
- Malicious damage caused by someone who doesn’t have your permission to use the device
- Accidental damage (including cracked screens and liquid damage)
- Pet damage
- Out of warranty breakdown
You're covered as soon as the device is in your hands. You're covered when you lend your device to family or friends and whenever you travel abroad – however long that's for.
We don't offer 'new for old' cover so any replacement device you receive may be refurbished to our standard using original equipment manufacturer parts. Our aim is that you will not be able to tell the difference between a new and refurbished device. In the unlikely event we can’t send you a same model replacement, we'll offer you a different make, model or colour device with comparable features and functionality.
You can buy Virgin Media Protect provided:
- You're buying or upgrading your device with Virgin Media
- You're over 18
- You haven't had a mobile insurance policy declined or cancelled by us in the past or a claim denied due to fraud
You can also buy Virgin Media Protect if you and the main
authorised user of the device are resident in the UK. If at any time you or the authorised user are no longer going to be resident in the UK, you need to contact us using the details above and let us know. Your cover will be automatically cancelled.
B. The cost of cover
Your monthly premium and claim excess fee (the amount you have to pay towards the cost of your replacement device to complete a claim) is based on the value of your device at the time of purchase and confirmed in your welcome letter.
Monthly premiums by device model are: £4, £6, £8 or £10
Claim excess fees by device model are: £20, £40, £60 or £80
Asurion will collect your monthly premium in advance by separate direct debit (this will show on your statement as NEWAsurion Europe LTD RE VirginPhoneIns) on behalf of the Insurer. You need to pay the first month’s premium before any claim can be completed, your cover then renews automatically for the next 59 months after which we’ll cancel your policy. As devices age they will fall in value and so from time to time we may adjust your excess fee downwards. Call us to find out your current excess fee
C. What's not covered
- Any device other than one purchased from Virgin Media and shown on your welcome letter unless replaced by us or replaced under manufacturer warranty.
- Any claim if you haven't paid your insurance premium. If you haven't paid a premium but your policy hasn't yet been cancelled, we'll process your claim if you pay the outstanding amount.
- The excess fee you have to pay to complete a successful claim
- The cost of any calls, texts, data usage or downloads on a lost or stolen device.
- A third or subsequent claim in any 12-month period.
- Accessory-only claims.
- Accessories other than the battery, mains charger and any hands-free kit that came with the device.
- Cosmetic damage – where the device works as normal, except where you are claiming for a cracked screen.
- Damage caused by making alterations to the device or acting against manufacturer guidelines.
- The cost of any repair to your device unless we instruct it.
- Any fault that happens within the manufacturer's warranty period (where the manufacturer covers you against certain operating failures).
- Any malicious or deliberate damage caused by you or somebody you have authorised to use the device.
- Any losses or consequences you face as a result of being without your device.
- Loss or corruption of any kind of app, software or digital content other than standard manufacturer software.
- Confiscation of your device by a finance company or government agency (such as the police).
- Any claim that we find to be fraudulent. If we settle a claim that's later found to be fraudulent we may take action to recover our costs.
- Your SIM card.
D. Making a claim
- For lost or stolen devices, call Virgin Media as soon as possible (we recommend you do this within 48 hours) on 0345 6000 789* (+44 7953 967 967 from abroad) to block it against unauthorised use. We recommend you report any stolen device to the police, as we have the right to require a crime reference number to complete your claim.
- Call our Virgin Media Protect team on 0345 030 3291* to make a claim, ideally within 30 days of discovering the loss, theft, breakdown or damage. If you’re calling from abroad please dial +44 345 030 3291* replacing + with the international dialling prefix relevant to your location.
Please have a payment card ready to pay your claim excess fee. We accept MasterCard and Visa debit or credit cards.
If you report a claim to us more than 90 days after discovering the loss, theft, fault, breakdown or damage to your device, we will still consider your claim, but it may impact our ability to assess your claim and could, in some cases, result in it being declined.
When you make a claim, we'll block any lost or stolen device automatically before sending any replacement. We won't be able to complete your claim until you agree to our blocking that device. Once your claim is completed, we (and only we) can unblock that device.
We aim to send a next-day 'as new' replacement for claims approved before 8.30pm Monday to Friday and 2.30pm on weekends. For claims accepted outside of these times, you will receive your 'as new' replacement phone within 2 days. If we're late, let us know and we'll give you £20, credited to your bank account within 30 days.
- Claims made or deliveries that fall on a Bank Holiday.
- Deliveries outside of mainland Great Britain including deliveries to the Scottish Islands, Northern Ireland and the Channel Islands.
- Any delay caused by something outside our control like extreme weather, natural disaster, epidemic or crime, and supply shortages affecting the industry (e.g. where new model devices are in very high demand and short supply after launch).
Please make sure someone is in to sign for the delivery. Your replacement comes with:
- A 24-month warranty
- The usual device accessories, if yours were involved in the incident or we provide you with a different model replacement
- Prepaid packaging to return any damaged or faulty device (minus the SIM card, battery and charger).
As soon as you receive your replacement device, the original claimed-for device (the faulty or damaged device or the lost or stolen device if later recovered) becomes the property of the Insurer and must be returned to us within 15 days. Otherwise, we'll charge a non-return fee (based on the value of the non-returned model) to the payment card used to pay your excess fee. The device is your responsibility until it arrives with us. Please make sure that when you go to the Post Office that you get proof of postage (this is free) and confirmation of the weight of the package you are returning to us. We will not approve any further claim until you have returned the claimed-for device or paid the outstanding amount.
You must comply with our reasonable instructions including switching off or uninstalling any app which prevents our access to remove data from the claimed-for device. If you need any help with this please call us on 0345 030 3291*. If you refuse to do it we will not proceed with your claim. If you fail to do it we will treat that as a non-return and may charge you a non-return fee.
E. Cancelling your cover and changes to the policy
You can call or email us to cancel your policy (see contact details at the top of these terms) or write to us at Virgin Media Protect, PO Box 71012, London W4 9FW.
You can cancel within the first 28 days and (if you haven't made a claim) we'll refund any premium paid. Otherwise, you can cancel at any time and cover will finish at the end of the paid-for period. When you buy another device from Virgin Media on the same mobile number and add insurance, we'll cancel cover on your old device automatically. You can call us to keep that policy running. We'll set up a policy for the new device and confirm your cover start date, premium and claim excess in writing.
We'll cancel your policy if you cancel your airtime contract with Virgin Media, fail to pay the monthly premium, have two successful claims in any 12-month period or if you make a claim we find to be fraudulent, and we will send you confirmation including your cover end date.
We may change your policy terms or alter the premium or excess fee for future periods of cover based on significant adverse claims experience, significant increase in our operating costs, inflation, economic and environmental factors, and changes in legislation, taxation or interest rates. If we make a change that increases any charges or reduces your cover, we’ll give you at least 30 days' notice sent to the current contact details we have for you and you will be able to cancel your policy if you are not happy with our changes. If we make any change that improves your cover, we may apply it straight away without notice.
If you cancel Virgin Media Protect you won’t have access to the Mobile Rescue service.
F. How to complain
You can call or email us (see contact details at the top of these terms) or write to us at Virgin Media Protect, PO Box 71012, London W4 9FW. If we can't resolve your complaint right away, we'll email or write to you within five working days to outline our next steps. If the issue still isn't resolved within two weeks, we'll contact you again to keep you up to speed on what’s happening.
If you’re not happy with the outcome of your complaint or we haven't given our final response within 8 weeks of you raising your complaint, you can contact The Financial Ombudsman Service by phone: 0800 023 4567 (Freephone) or 0300 123 9123, by email: email@example.com or in writing at: Exchange Tower, London, E14 9SR. You need to contact them within 6 months of receiving our final decision. The service is free and we are bound by any decision the Financial Ombudsman reaches. This won't affect your statutory rights or prejudice your right to take subsequent legal proceedings. See financial-ombudsman.org.uk for more details.
G. Who provides this cover
This insurance is administered by Asurion Europe Limited ('Asurion'), which is authorised and regulated by the Financial Conduct Authority (no. 502545), registered in England and Wales with company number 6568029 at Chiswick Place, 272 Gunnersbury Avenue, Chiswick, W4 5QB. The Insurer is Liberty Mutual Insurance Europe Limited, which is authorised by the Prudential Regulation Authority and is regulated by the Financial Conduct Authority and the Prudential Regulation Authority (no. 202205), registered address: 20 Fenchurch Street, London, EC3M 3AW. Go to fca.org.uk/register or call 0800 111 6768 (Freephone) or 0300 500 8082* to check the Financial Conduct Authority's register.
You and the Insurer may choose which law will apply to this contract. Unless we agree otherwise, Virgin Media Protect is governed by the law of the part of the United Kingdom that you live in (England and Wales, Scotland or Northern Ireland) and all communication from us will be in English.
Any payments collected by Asurion under these terms and conditions are collected on behalf of the Insurer.
The Insurer is covered by the Financial Services Compensation Scheme (FSCS). In the unlikely event that we can’t meet our liabilities you may be entitled to compensation to a maximum of 90% of the claim under this scheme. Further info can be obtained from the FSCS on 0800 678 1100 (Freephone) or by going to fscs.org.uk.
H. Our use of your personal data
By taking this cover you confirm that you've given us your permission to communicate policy information with you by phone, SMS, email or in writing using your given contact details.
In issuing and administering this policy, we will share your personal data with Virgin Media and other partner companies providing services under this policy. We may also share your personal data with group companies and any third parties who are purchasers of all or part of Virgin Media, the Insurer or Asurion, and with organisations we use to monitor our performance, carry out research, create statistics, prevent or detect crime and other third parties to the extent required or permitted by law. We may access your call history around the time of any claim incident as part of our claim assessment process.
Whenever your personal information is shared with third parties, it will be done in accordance with all responsibilities under the Data Protection Act 1998. This includes, for example, putting in place appropriate written terms to protect your personal information and ensuring any export of your personal information outside the European Economic Area is lawful in accordance with the Act. We will only use the personal information given by you to confirm your identity, administer your policy, contact you about your policy, process claims, carry out internal record-keeping, record claims details on relevant databases and registers for fraud detection purposes and contact the police to check any crime reference number you give us.
Asurion is registered with the Information Commissioners Office as a Data Controller (number Z2176995). By providing personal data to us (i.e. information which can identify you and relates to you, whether by itself or when used in conjunction with other information e.g. your name, policy number, telephone number and other contact details), we will assume that you consent to this type of information being collected and used in the ways described above (subject to the requirements of the Data Protection Act 1998) including for example for fraud prevention purposes and other requirements imposed by law or regulation. You have the right to see and correct any personal information held about you. A £10 administration fee may be charged for this. If you wish to see your personal information or ask any question about our use of your data, please contact us.
Your data may be transferred outside the European Economic Area (EEA) for the above purposes. If that happens, we’ll make sure it's treated with the same level of protection as in the EEA. If you give us personal information about someone else, you are responsible for having their permission to do so and for telling them who we are and what their information will be used for. We will never sell or transfer your personal data to a third party unless we have your prior written consent, subject to the above and in accordance with the Data Protection Act 1998.
For further information on how Liberty processes your personal information, please see http://www.libertyspecialtymarkets.com/privacy-cookies/
*Calls to 03 numbers cost the same as calls to UK landlines starting 01 and 02. Call charges apply when calling from abroad. To find out more about the cost of using your phone abroad visit virginmedia.com/callingfromabroad
Please note standard charges apply, please check with your network operator for rates.
Triple or double Data offer: Offer available to new or existing customers taking a SIM Only plan or Freestyle plan on any phone. Offer ends 3rd April. Triple data offer is available on the £12 airtime plan (monthly allowance of 2GB is tripled to 6GB). £15 airtime plan (monthly allowance of 4GB is doubled to 8GB). You will continue to receive the increased data allowance specified for as long as you remain on the same plan. If you change your plan up or down the triple or double data allowance will be removed. No other discounts or promotions may be used in conjunction with this offer unless Virgin Media states otherwise.
TellyTablet with selected Samsung smartphones offer: Get a TellyTablet included with Samsung Galaxy J3, Samsung Galaxy A3 and Samsung Galaxy S6 phones from Virgin Media on a Freestyle Pay Monthly plan. The TellyTablet will need to be returned along with the phone and all its original packaging and accessories if the order is subsequently cancelled, or exchanged for a different handset. If your TellyTablet is damaged on return or you fail to return all the parts and accessories, we reserve the right to charge you for any repair or replacement cost. There is no cash, credit or other alternative to the TellyTablet; it is not transferable. TellyTablet is only available in white.
Samsung Galaxy S7 edge Gear Fit2 offer: Order your new Samsung Galaxy S7 edge from us on a pay monthly or upgrade deal from 12th January to 28th February 2017. Once your new handset has been delivered register your details including your serial number with Samsung (http://www.samsung.com/uk/offer/freegearfit2) between 30 and 60 days from the date of purchase – meaning purchases made on 28th February 2017 can be redeemed between 12:00 29th March and no later than 23:59 28th April 2017. A confirmation will be sent to you via SMS or email that registration has been received, and within 30 days another email will be sent to confirm offer has been successful and validated. All qualified redemptions will receive their new Gear Fit2 within 28 days of second email by recorded delivery. Promotion is run by Samsung and is subject to availability and their terms and conditions, see above link for details.
iPhone 5S and iPhone SE with iPad Mini 2 offer: iPad mini 2 included when purchasing the iPhone 5s 16GB or the iPhone SE 16GB on our Freestyle contracts while stocks last. If you cancel or exchange within 14 days, the devices must be returned unused with the original packaging and accessories. We reserve the right to charge you for any repair or replacement costs. No cash, credit or other alternatives available. Non-transferable. Further Legal Stuff applies. See virginmedia.com for details. All details are correct at time of publication and subject to change without notice.
Samsung Galaxy S6 plus Android Tablet offer: Receive a Samsung Galaxy Tab A 7 Tablet when you purchase a Samsung Galaxy S6 from Virgin Media on a Freestyle Pay Monthly tariff. Available until 28th February 2017. or while stocks last. The Samsung Galaxy Tab A 7 Tablet will need to be returned with the handset along with its original packaging and all accessories if the order is subsequently cancelled, or is exchanged for a different handset. If your Samsung Galaxy Tab A 7 Tablet is damaged on return or you fail to return all the parts and accessories, we reserve the right to charge you for any repair or replacement cost. There is no cash, credit or other alternative to Samsung Galaxy Tab A 7 Tablet; it is not transferable. Tablet is only available in white.
Data Rollover: Unused data from your inclusive monthly allowance will be added to next month’s allowance (Rollover Data). Rollover Data is used ahead of your monthly data. Unused Rollover Data expires at the end of that monthly allowance period. Data add-ons excluded. 4G plans only.
Free Messaging on Whatsapp & Facebook Messenger: Standard UK messaging (video, picture, audio) does not deplete data allowance. Voice & video calls excluded. 4G plans only. When monthly allowance via standard data usage is reached unlimited data costs £2 per day. We welcome new messaging partners to this service.
Flexible Plans: Change your airtime plan up or down without penalty at any time during your contract. New allowance and price applies from your next monthly billing cycle until you switch again.
UK’s Most Flexible Plans: Comparison based on equivalent published UK tariffs as at 15 September 2016.
Sony Xperia XA plus Android Tablet offer: Receive a Alcatel Pixi 4 7-inch WiFi Android tablet when you purchase a Sony Xperia XA from Virgin Media on a Freestyle Pay Monthly tariff. Available until 28th February 2017. or while stocks last. The Alcatel Pixi 4 7-inch WiFi Android tablet will need to be returned with the handset along with its original packaging and all accessories if the order is subsequently cancelled, or is exchanged for a different handset. If your Alcatel Pixi 4 7-inch WiFi Android tablet is damaged on return or you fail to return all the parts and accessories, we reserve the right to charge you for any repair or replacement cost. There is no cash, credit or other alternative to Alcatel Pixi 4 7-inch WiFi Android tablet; it is not transferable. Tablet is only available in white.
Virgin Media Freestyle Trade Up Terms and Conditions
Please read the following terms and conditions carefully. You should understand that by placing an order to Trade Up you agree to be bound by these terms and conditions. It is recommended you take note of your IMEI number before you Trade Up in case there are any potential problems with your order. Please see the FAQ for help on how you find your device’s IMEI number
1. What is Freestyle Trade Up?
1.1. Trade up is a service that allows existing Virgin Media Freestyle customers (“you”) to upgrade to a new phone early by using the value in one old phone (a “Device”) to pay off your existing active Freestyle consumer credit agreement (your “Freestyle Loan”) with Virgin Media Mobile Finance Limited governed by the Consumer Credit Act 1974 (“Trade Up”).
1.2. You are able to Trade Up any valid Device; it does not need to be the Device associated to your existing Freestyle Loan.
2. Who Provides Trade Up?
2.1. The Trade Up services are operated for and on behalf of Virgin Media Limited (registered no. 03707644) at Media House, Bartley Wood Business Park, Hook, Hampshire RG27 9UP (“Virgin Media”) by West One Technology Limited (registered no. 3608228) at 153 Brooker Road, Waltham Abbey, Essex En9 1JH (“West One”) (together “we”, “us” or “our”).
3.1. To place a Trade Up order, you warrant:
(i) you are a resident in the United Kingdom;
(ii) that you are an existing Virgin Media customer with an active Freestyle Loan with Virgin Media Mobile Finance Limited;
(iii) you are the owner of the Device or have obtained express consent from the rightful owner to Trade Up the Device;
(iv) the Device is not subject to any previously agreed trade in or Trade Up arrangement;
(v) the Device was not purchased from Virgin Media within 30 days prior to placing the Trade Up order; and
(vi) the Device is not stolen or listed with us or a third party as stolen.
3.2. As part of the eligibility process, we will check the Device with CheckMEND, from the suppliers of IMMOBILISE as used by UK Police forces to trace stolen and missing property. If the Device fails any due diligence check we may notify the relevant police authority and we may pass the Device and your details to them and the Device Quote as defined in section 4 below will not be used to settle your Freestyle Loan.
4. Placing your Trade Up order
4.1. To determine the value of your Device, when placing your order you shall provide a true and accurate description of the Device, including but not limited to the following information:
(i) the correct brand/make, model and IMEI number of the Device you wish to Trade Up; and
(ii) the condition of the Device that you wish to Trade Up, which shall be classed as either: (a) a working device, which means all features of the Device are in good working order and condition, there is no physical damage to the exterior (e.g. to the buttons or screen) or water damage, the device is able to make/receive calls and SMSs, its battery is included and is able to maintain charge and power up (“Working Device”); or (b) a non-working device, which means a Device that is not fully functional (e.g. does not power up, has a damaged screen, case or buttons or has water damage) but includes a battery, is not crushed or bent; has no missing components (“Non-Working Device”).
The Device’s Trade Up value (“Device Quote”) shall be solely determined by Virgin Media, West One or a third party based on the make a model of the Device.
Device chargers and accessories may not be returned with your Device and hold no monetary value. They shall not form part of the condition and cannot be used to complete the Trade Up process. Such Device chargers and accessories will not be returned to you; therefore we recommend you carefully check the contents of your package before returning it to us.
4.2. Once a Trade Up order is placed, the Device Quote shall be valid for up to 14 calendar days to enable you to complete your order. If the Device arrives after 14 calendar days from the date the Trade Up order is placed, the Device Quote shall be updated – see section 5.1(ii).
4.3. You will be sent a free postage pack via Royal Mail after placing your order; this will normally arrive 2-3 working days after your Trade Up order has been placed. We do not accept responsibility for lost, stolen, late or damaged postage packs containing your Device. Proof of sending is not is not proof of receiving.
4.4. If we don’t receive your Device after 28 calendar days, your Trade Up order will be cancelled. For the avoidance of doubt, your current active Freestyle Loan and any new Freestyle Loan are separate and shall continue to be payable as normal and in line with your recently advised payment schedule.
4.5. Important Information prior to Trade Up:
(i) By placing your order and sending your Device, you will be unable to cancel your order.
(ii) Please remove any SIM card and any accessories, including without limitation memory cards, prior to Trade Up. We shall not be liable for any consequences of you not removing the SIM card or accessories, including any charges then occurred. You shall continue to be responsible for such charges; and
(iii) We strongly encourage you to backup and store elsewhere any data stored on the phone any memory card, including but not limited to images, messages and videos, on the Device that you wish to retain before to Trade Up. We will not be liable for any damage, confidentiality, loss or erasure of any such data, including personal data, or for any consequences of you not removing your data, including use or disclosure of such data.
5. Trade Up contributing to your Freestyle Loan
5.1. Once your order has been received, we shall, in our absolute discretion, determine whether the description of the Device when the Trade Up order is placed, is an accurate and true description of the Device received:
(i) If it is determined to be a true and accurate description, the Device Quote shall be used to part settle/settle your existing active Freestyle Loan.
(ii) If it is determined to not be a true and accurate description or if the Device is received after 14 calendar days from the Trade Up order and the value has subsequently changed, then the Device Quote shall be invalidated and a new revised quote (“Revised Value”) will be offered to you to part settle/settle your Freestyle Loan. You shall be notified of such Revised Value by e-mail and you shall have 5 calendar days from the issue of the Revised Value to either accept or reject the Revised Value. If you do not accept or reject the Revised Value, we shall assume you accept the Revised Value and this will be used to part settle/settle your existing active Freestyle Loan. If you do reject the Revised Value, we shall return the Device back to you free of charge. You have 14 calendar days from your acceptance or rejection of the Revised Value to cancel your new Freestyle Loan.
5.2. For the avoidance of doubt, the Device Quote or, if accepted, the Revised Value shall only contribute to your existing Freestyle Loan. Any outstanding amount on your existing Freestyle Loan remains payable in line with your recently advised payment schedule until paid off completely. This balance can be paid by contacting Virgin Media and making a debit or credit card contribution.
5.3. Payments in relation to your existing Freestyle Loan will not be taken for up to 30 calendar days from the date your Trade Up order was placed to allow us to process your order. After 30 calendar days, your payment shall resume and a revised payment schedule will be sent to you by email.
5.4. If the Device Quote or Revised Value is higher than the balance of your existing Freestyle Loan, a credit for the difference between the Device Quote Value or Revised Value and the outstanding balance of the Freestyle Loan shall be paid into the bank account, used to pay your existing Freestyle Loan monthly payments, within 10 working days.
6. Privacy and Data Protection
6.1. Where applicable, any data collected during the course of the Trade Up services will be processed and stored wholly in accordance with applicable data protection laws and regulations. The Promoter will use reasonable endeavours to ensure no data will be processed or stored outside the EEA or by third party organisation, except for the administration of the Trade Up services.
6.2. By placing a Trade Up order with us, Virgin Media and/or West One may use your personal information to contact you about special offers about goods and services that may be of interest to you.
6.4. We reserve the right to modify these terms and conditions from time to time. If we make changes to the term and conditions of this Agreement, then we will notify and make available such revised terms and conditions.
6.5. Ownership of the Device shall only pass to us once we have received the Device and when the Device Quote or Revised Value has been accepted and payment has been dispatched to you.
6.6. Subject to 7.6, in no event shall West One, Virgin Media, their affiliates, directors employees, agents or licensors, be responsible or liable for direct, indirect, special or consequential damages, arising in any way out of the Trade Up Services, including but not limited to, (a) any technical difficulties or equipment malfunction (whether or not under Virgin Media or West One’s control); (b) any theft , unauthorised access or third party interference; (c) any part the Trade Up order or after order process that is late, lost, altered damaged or misdirected (whether or not after receipt by Virgin Media or West One) due to any reason beyond the reasonable control of Virgin Media or West One; (d) any tax liability incurred in connection with the Trade Up; or (e) use of the Trade Up services.
6.7. By placing your Trade Up order, you agree, to the extent permitted by applicable laws, and except as provided herein, to release and hold Virgin Media and West One harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Trade Up including without limitation, acceptance, receipt use and/or misuse of the Trade Up services.
6.8. Virgin Media and West One reserve the right to invalidate any Trade Up order where there is suspected fraudulent use of the Trade Up services.
6.9. Nothing in these terms and conditions his agreement shall limit or exclude West One’s or Virgin Media’s liability for death or personal injury resulting from our negligence and any other liability that cannot be excluded or limited by English law.
6.10. We are not liable or responsible for the failure to perform the Trade Up services, if in any way the Trade Up services are not capable of being conducted as reasonably anticipated due to any reasons beyond our reasonable control, including without limitation the act of default of any third party supplier and/or our compliance with any applicable law or regulations.
6.11. This agreement and any dispute or claim arising in relation to the same shall be governed and construed in accordance with English Law and is subject to the exclusive jurisdiction of the courts of England.