Thank you for using the Simplify Digital website (www.simplifydigital.co.uk) (the "Website") and/or for contacting Simplify Digital to help you make the right choice about which digital services are best suited to you.
Please note we sometimes record telephone calls to make sure we give you the best service possible.
Our Website is owned and maintained by Simplify Digital Limited (referred to in this document as “Us”, “We” or “Simplify Digital”). Any purchase by you of products or services from us and/or use of our Website is conditional upon your acceptance of these terms and conditions which incorporate the information directly accessed via links included below ("Terms and Conditions") and our Privacy Statement www.simplifydigital.co.uk/privacy.aspx. If you do not accept any of these Terms and Conditions or our Privacy Statement, please do not proceed with the purchase of products or services from us, or continue to use our Website. We will take your continued use of the Website after reading these Terms and Conditions as an indication that you have accepted them.
Our products and services and the use of our Website is only intended for individuals who are resident in the UK and who are over 18 years of age. If you do not live in the UK permanently or are not 18, then you should not purchase our products and services or use our Website.
Simplify Digital may need to update these Terms and Conditions from time to time. We recommend that you visit our Website regularly to make sure that you are up to date with our latest version.
1. Who are we?
Simplify Digital Limited is a company registered with Companies House (with registered number 6095563) and having its registered office at 2 Temple Back East, Temple Quay, Bristol, BS1 6EG. Our registered VAT number is 898781928. All queries, complaints and questions should be referred to Compliance Officer at Simplify Digital, 1 Hammersmith Grove, London, W6 ONB (the "Contact Address"). Alternatively, you may wish to send us an email at contactus@simplifydigital.co.uk or pick up the phone to speak to one of our advisors on 0845 128 0128. All calls are charged at local rate. You can also call this number to request a printed copy of our terms and conditions.
2. What goods and services does Simplify Digital offer?
Simplify Digital supplies customers the following goods and services (together the "Services"). We reserve the right to accept of reject you application to purchase any or all of these Services at our discretion:
• Website and Call Centre Advice – We provide customers with impartial advice regarding digital service providers in the UK (the "Service Provider"), their services and identify which Service Providers are best suited to a customers' specific needs ("Website and Call Centre Advice");
• TV Sales – We offer customers the opportunity to buy certain TV products as listed on our Website at www.simplifydigital.co.uk/digitalequipment.aspx ("TV Sales");
• Service Provider Subscriptions – We offer advice with regards to which digital TV, broadband and other digital services our customers can choose from. For the purpose of these Terms and Conditions the term “Service Provider” means the supplier of digital TV and/or broadband and/or telephone services about who we offer advice. If customers decide to sign up with certain Service Providers, we are able to assist them, process their application and help them to sign up to receive a service from the Service Provider ("Service Provider Subscriptions"). For a list of Service Providers in respect of which we offer the service, please see www.simplifydigital.co.uk/whoweworkwith.aspx
• Home installation service – We provide a home installation service for customers who wish to have Freeview boxes and/or TVs installed, including wall-mounting of flat TVs. We also offer an aerial upgrade service for customers who require an aerial upgrade in order to properly view Freeview channels. ("Installation Services") Full details will be provided to you.
• Computer Cover Plans – We provide various levels of computer cover plans; offering computer technical support services and packages to homes and small businesses and helping to sort out computer issues across the UK ("Computer Cover Plans"). For more details of the package available please see www.simplifydigital.co.uk/coverplan.aspx
Your use of the Services is subject to the Terms and Conditions and Privacy Statement.
3. Service Providers
Simplify Digital may at any time stop assisting its customers with regards to the offering of a particular Service Provider (or any product or service offered by a Service Provider) and/or add a new Service Provider to its Service Provider Subscription Service. We recommend that you visit our Website regularly to keep up to date with details of our Service Provider Subscription Services.
4. Prices & Payment
Prices for our Services are set out on the Website. They are set out in £ sterling and include VAT at the current rate. Simplify Digital may change the prices at which it offers goods or services at any time before individual purchases are made. In respect of subscription prices and other goods or services provided by Service Providers with whom you contract with or without our assistance, these Service Providers set and are responsible for their prices. You should check with the Service Provider that the relevant prices are accurate at any time that you enter into an agreement with them.
Payment for the following Services is by way of a single, one-off payment:
• TV Sales;
• Installation Services;
• The purchase of extended warranties for TV Sale products.
Payment can be made by certain major credit/debit cards via our call centre. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery of Services. Ownership and title of the goods and the benefit of the Services will only pass to the customer upon receipt of full payment.
Payment for our Computer Cover Plans is by way of a monthly direct debit payment into our account. If any Service payment is late where permitted by law we will charge you interest on the late amount at the maximum permitted by law.
5. Charges
For details of our charges for our services see our Website. The price of individual purchases will be confirmed by you.
There is currently no charge made for our Website and Call Centre Advice services or use of the Website (including advice and application processes) provided by Simplify Digital.
If Simplify Digital processes your application to sign up for a service from a Service Provider, we may take your payment details in order to complete your application. Please note that the sole responsibility for making any payments to the Service Provider lies with you and you will be subject to the terms and conditions of that Service Provider in respect of its services. Simplify Digital shall be under no obligation for the transmission of such payments.
Simplify Digital may introduce additional or new charges for the Services and any additional services which it might introduce in the future. If such charges are introduced, you will be advised as to what these charges might be prior to you being charged for the Service or being allowed to access any new services.
6. Receiving goods from Simplify Digital
Our delivery, cancellation, returns and refunds policy
All TVs, brackets, stands, cables and Freeview boxes are delivered by our preferred hardware suppliers “the flat TV company”, company name 010 Plus Ltd. www.flattelly.co.uk.
It is very important to us that you are happy with the Services that we provide you with. Because we offer you so many Services, our rights in relation to each Service vary as follows:
(a) TV Sales
• Contract
If you order a TV product via our call centre, we will inform you immediately whether your product is available and will subsequently contact you in writing (for instance by e-mail) to confirm receipt of your order. If a product is not in stock we will also inform you as soon as possible. The contract for TV Sales will be formed when we send your order acknowledgement correspondence.
• Delivery
Our TV Sale delivery service is provided by TNT Logistics. Delivery is available throughout the UK including Northern Ireland and the Scottish Highlands. All deliveries will be to the door and you may need to assist the driver if required. We will notify you of the expected date of delivery and do our best to deliver the goods to you by that date to the address that you specify for delivery. If you do not supply an address, we will deliver the goods to the credit card address you provide us with. In the event that you are not available to receive the goods at the point when they were delivered, you will be responsible for making arrangements to receive the goods if they are held at the post office or delivery company's depot.
We will try to meet any date stated for delivery, but the dates are not guaranteed. Occasionally it may become necessary for us to cancel your order before delivery. We will let you know as soon as we can that this has happened and you will not be charged, or if you have been charged, we will refund the full amount to you.
We will try to meet any date stated for delivery, but the dates are not guaranteed. Occasionally it may become necessary for us to cancel your order before delivery. We will let you know as soon as we can that this has happened and you will not be charged, or if you have been charged, we will refund the full amount to you.
If goods are lost in transit, we will not accept liability unless notified by the next working day after the expected delivery date. Responsibility and risk in the TV Sale products passes to you once we have delivered them to the address which you have given us for delivery.
• Warranty
We will pass to you the benefit of the minimum standard 12 months warranties offered on all TV Sale products by our suppliers. These standard guarantees exclude faults caused by misuse, neglect, accidental damage and software related issues. Batteries, tapes, films and other consumables are also excluded. If your product should fail within the warranty period, please see information in relation to damaged or defective goods below.
• Extended warranty
Simplify Digital also offers an extended warranty for a total of up to five years. Our extended warranties are offered by a third party, TADL Assist, and we act on their behalf as an agent. We can process your application for an extended warranty for any Flat Telly product.
More details can be found at www.flattelly.co.uk/shop/warranty.php
Please note that by purchasing an extended warranty you agree to be bound by the terms and conditions of TADL Assist.
• Your right to cancel
If you change your mind about the purchase of a TV sale product, you have the right to cancel an order for a full refund for any reason within 7 working days of receipt of the product. The 7 working days begins on the day after you receive the goods. To cancel the contract, you must inform us in writing. You will then be given a cancellation reference number.
We will then arrange for goods to be collected from you in accordance with our returns policy (below).
For the purposes of these Terms and Conditions "working day" shall mean all days other than Saturdays, Sundays and public holidays.
• Damaged goods
In the event that your order is received damaged, please contact us immediately and make a note on the courier's delivery record that indicates that the delivery is in an unsatisfactory condition.
• Defective goods
In the event that your order becomes defective within 14 days of receipt, please contact us immediately. We will generally exchange or refund the item provided it is in 'as-new' condition in original packaging and all the original contents are enclosed. We will collect the product from you for inspection. If the goods are found to be faulty there will be no charge for the exchange. This does not affect your statutory rights.
If your purchase develops a fault after 14 days and within its warranty period we will arrange for the manufacturer to repair the product. We will either handle the servicing ourselves or direct you via one of our authorised agents. This does not apply to faults caused by accident, neglect or misuse for which there can be no refund or exchange or where warranty cover is invalidated. You may be liable for the courier costs to return the goods. This does not affect your statutory rights.
• Returns
Goods to be returned will be collected from you. However, please make sure that all items to be returned are unused, unopened, in their original packaging and with all original contents enclosed. Returned items not complying with these requirements will be rejected. We will refund all monies paid by you for the item but you will have to pay for the collection charges (with insurance).
• Replacement goods
If you would rather have replacement goods, we can arrange for delivery to you; this forms a separate contract between you and Simplify Digital and the delivery charges will apply in the usual way (except where we are replacing damaged or defective goods).
Please also let us have the completed form and details of the refund or exchange you require. Please tell us why you are returning the product – this ensures that we can improve our service and kit in the future. On returned goods on which you have received a discount/offer, that discount/offer will no longer apply if you fall below the discount/offer threshold.
We will do our best to process postal return refunds/exchanges as soon as possible, but please allow 21 days.
(b) Service Provider Subscriptions
Please note that when we process your application to sign up to receive a service from a Service Provider we are acting as an agent for the Service Provider. All Services are supplied in accordance with the Service Provider's specific terms and conditions. You will need to look at their terms and conditions to find out what your rights are. Simplify Digital accepts no responsibility for the acts or failures of a Service Provider.
(c) Installation Services
• Contract
We use an approved network of installers to provide Installation Services.
If you contact our call centre to ask us to assist with the installation of your product, where we offer such services we will take all reasonable steps to coordinate with our network of installers to arrange a mutually suitable date and time for installation. The contract for the installation service will be formed when we confirm the details of the agreed installation date by either telephone or confirmatory e-mail and you have paid for the Services (“Installation Order Completion”).
• Delivery, returns, damaged, defective & replacement goods
We are only responsible for installing eligible products that you have already purchased. We accept no responsibility for the product or its delivery unless it is a TV Sale product which you have purchased directly from us.
• Your right to cancel
If you change your mind about the installation of your product then you have the right to cancel an order for a full refund as long as you contact us to cancel the order at least 24 hours before the installation is due to occur. If you contact us less than 24 hours before the installation is due to occur then a refund should be possible, however we reserve the right to not pay a full refund as our engineers may already have been instructed to conduct your install.
(d) Computer Cover Plans
• Contract
If you contact our call centre to enter into a Computer Cover Plan, we will provide you with a quotation for the Service based on the level of cover and plan commencement date. You can accept our quotation there and then or think about it. Quotations are only valid in writing and during the period that they state. If unstated, the period is 14 days. We will confirm details and commencement date of your Computer Cover Plan. The contract for Computer Cover Plan Services is formed and binding when we write to you or send you an e-mail formally accepting your request for service.
If your Computer Cover Plan request is submitted via our Website we will confirm details of the commencement date of the Computer Cover Plan in the order confirmation materials that we send to you. Requests are only legally binding when we write to you or send you an e-mail formally accepting you request.
• Delivery, returns, damaged, defective & replacement goods
We are only responsible for offering computer support services in respect of products that you have already purchased. We accept no responsibility for these products or their delivery.
• Your right to cancel
If you change you mind about the Computer Cover Plan, you have the right to cancel your order for a full refund for any reason before the commencement of the Computer Cover Plan or within 7 working days of the date that the contract is formed (whichever is the earlier). To cancel the contract, you must inform us in writing to 1 Hammersmith Grove, London, W6 0NB
7. Intellectual Property Rights
All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this Website or other promotional materials of Simplify Digital together with all software compilations, underlying source code and software in the site are protected by copyright, trade mark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to Simplify Digital.
You are granted a non-exclusive and non-transferable licence to use the software contained in this Website and the other above mentioned intellectual property rights or for the purposes of using the Website or Call Centre and the Services and no other services.
You are not allowed to store or reproduce any part of the Website in any other website or include it in any public or private electronic retrieval system or service without Simplify Digital 's express prior written permission. Additionally, you may not publish, transmit, publicly perform, distribute, display, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.
All rights that we have not mentioned above to be granted to you are reserved by Simplify Digital.
8. Links to Third Parties
We may provide links to third party websites that we believe may be of interest to you. We do not control or vet these websites and therefore we cannot accept liability in respect of either their contents or your use of these sites.
9. Disclaimer
Although Simplify Digital will do all that it reasonably can to ensure that the information provided by Our suppliers is accurate and up-to-date in respect of Service Providers and other third parties whom We introduce you to, the responsibility for accuracy, completeness, fitness for purpose and legality lies solely with the suppliers of such products and services. You recognise that such information may not be updated every day and that the responsibility for checking the accuracy of such information with suppliers prior to application or acceptance of any offer made lies solely with you.
10. Warranties or liabilities
We do our best to keep our Website up to date and safe to use but cannot guarantee that the Website and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology. We will do our best to allow you uninterrupted access to the Website 24 hours per day, but please note that access may be suspended, restricted or terminated at any time including to undertake maintenance services.
Save in respect of personal injury or death caused by our or our employee's negligence or for fraudulent acts, Simplify Digital will also have no liability to you for any loss, expense or damage arising which is not directly caused by Our or our employees' acts or omission including (without limit) loss of income, goodwill, data, contracts or profit or any other indirect or consequential loss suffered as a result of your use of the Website or our Services, even if we are aware of the possibility of such loss. Additionally, neither of us shall be liable to the other for a breach of these terms and conditions or an act or omission to the extent that the delay or failure is due to a cause beyond our reasonable control (such as, without limitation, flood, fire, third party strikes or terrorist act).
Simplify Digital's total liability in respect of any individual claim made by an individual arising in connection with these Terms and Conditions and the use of the Website or our Services shall not exceed five hundred pounds (£500) Sterling [or £10,000 Sterling in the case of damage to physical property]. Simplify Digital does not however exclude or limit our liability in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
In relation to the Computer Cover Plan Service, the service will be provided with all reasonable skill and care and free from defects for 7 days from the date of completion of individual Computer Cover Plan Service assignments. Should the Computer Cover Plan Service be found to be defective within the 7 days, Simplify Digital will arrange for the defect to be corrected within a reasonable time. This warranty does not cover:
• Incorrect service, installation, use, modifications or repair by any unauthorised third party or yourself;
• Damage cause by any party (except Simplify Digital or its agents or principals) or other external force; and
• Any defective equipment, software or other product not supplied by Simplify Digital or its agents or principals.
Other than as set out above no warranty is given in respect of the Computer Cover Plan Services and to the maximum extent possible all warranties and conditions implied by statute are hereby excluded to the maximum extent possible.
No part of these Terms and Conditions are enforceable by anyone who is not a party to them in accordance with the Contracts (Rights of Third Parties) Act 1999.
11. Your obligations
You agree that any material transmitted by you whilst using the Website or our Services (other than by way of private correspondence or material which amounts to Personal Data under the Data Protection Act 1998) becomes available for all commercial and non-commercial use by Simplify Digital in connection with its and its sub-contractors provision of the Services without royalty for copy, modification, adaptation, translation and world-wide distribution.
You agree without limitation not to use (or allow another party to use) the Services or the Website to:
• Transmit or receive any material which could reasonably be regarded as fraudulent, grossly offensive, indecent, unlawful, libellous, obscene, pornographic, blasphemous, defamatory, threatening, abusive, in contempt of court, in breach of copyright or any other objectionable or inappropriate material; or
• Restrict, inhibit, interfere with or prevent any other persons from utilising the Service; or
• Transmit or display in any manner anything which is intended to adversely impact on any individual, group, ethnic orientation or entity; or
• Display or transmit any solicitations, advertisements, chain letters, pyramid marketing schemes, investment propositions or any unsolicited commercial messages whatsoever; or
• Transmit to or from the Website any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world; or
• Transmit to or from the Website any material for which you have not obtained all necessary licences and/or approvals; or
• Transmit to or from the Website, any material which is technically harmful (including without limitation, computer viruses, corrupted data or other malicious software or harmful data).
12. Restrictions of Use
You shall not re-use or resell the Services or the Website:
• to sell or otherwise offer for sale any products, goods or services without the written consent of Simplify Digital and/or its suppliers, partners or providers; or
• to provide false data including names, addresses, credit card details and similar data in a fraudulent manner; or
• to access data not intended for the general public by hacking, cracking or by any other means of circumventing the Simplify Digital security system or logging in to any area not designated for customer access.
13. Termination
Either We or you may immediately terminate or suspend any or all the Services that we provide or receive by sending written notice to the other (including by e-mail) if the other:
• Fails to comply with a material provision of these Terms and Conditions and fails to remedy the breach within 30 days of written notice from the other (where the breach is remediable); or
• Becomes insolvent, bankrupt or any analogous event or is unable to pay debts as they fall due.
Simplify Digital may also immediately terminate or suspend these Terms and Conditions if it has reasonable grounds to suspect fraudulent activity by you or on your behalf. Should the Service be suspended by it Simplify Digital may decide not to restore any or all the Services to you.
In relation to the Computer Cover Plan Service, Simplify Digital may terminate the Service with immediate effect by writing to you in the event that you fail to pay on time.
14. Data Protection
For full details of the Simplify Digital data protection policy, please visit www.simplifydigital.co.uk/privacy.aspx
15. Severability
If any provision of these Terms and Conditions is found to be void or unenforceable for any reason by any court of any competent jurisdiction, the provision in question shall be ineffective. This does not affect the rest of the Terms and Conditions which shall still remain effective and enforceable.
16. Assignment
This agreement is personal to the Simplify Digital and you. Neither Simplify Digital or you shall assign, transfer or delegate any of your rights or obligations under these Terms and Conditions to any other person or entity without the written consent of the other (such consent not to be unreasonably withheld or delayed) EXCEPT THAT Simplify Digital may assign its rights and obligations under these Terms and Conditions to a third party in the event of a trade sale or group re-organisation so long as it promptly notifies this fact to you.
17. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. By using this Website you agree to be bound by the exclusive jurisdiction of the courts of England and Wales.