Credit Sale Agreement - Terms and Conditions
1 Sale of the Goods
We agree to sell to you, and you agree to purchase, the Device (s) on the credit terms and conditions set out above and below.
2 Making payment and other obligations
You agree to:
2.1 Make payment
Pay the Repayments to us by Direct Debit or if you are an existing customer by way of your registered payment method, promptly by their due date. Prompt payment is essential.
2.2 Tesco Mobile Pay monthly Service Agreement
Enter into a Tesco Mobile Pay monthly Service Agreement on or before the date of this credit agreement in relation to the Goods.
2.3 Change of your details; electronic communications
Notify us within 7 days of any change of your address or of your name, or your email address or bank details. You must keep your unique security key to the online electronic system to access and print your consumer credit agreement secure. You also agree to tell us promptly if you suspect or become aware that your unique security key for the online electronic system has been lost or become known to anyone else.
3 Implied Terms
We sell the Device (s) subject to the terms implied by the Sale of Goods Act 1979, including section 12 (relating to our title to the Goods), section 13 (relating to sale by description), section 14 (relating to implied terms as to quality or fitness) and section 15 (relating to sale by sample). These terms and conditions do not affect or exclude any other terms implied by law.
4 Our expenses
You agree to pay us on demand the reasonable costs and expenses (including legal costs) incurred by us in enforcing our rights under this credit agreement.
5 Early repayment and variation
You may repay the Amount of credit early, in whole or in part, at any time. If you repay early in part we will reduce the period of the credit agreement to accord with the remaining Repayments and give you notice of the variation in writing.
6 Your right to end this credit agreement
6.1 In addition to your rights under clause 3, you may repay and end this credit agreement at any time by giving us at least 30 days’ notice in writing and making payment of the amount applicable under clause 8.
7 Our right to end this credit agreement
We may end this credit agreement, if you break clause 2.1 or persistently break clauses 2. 3 or 4 of this credit agreement, by giving you the required statutory notice in writing, including an opportunity to remedy any breach capable of remedy, and requiring you to make payment of the amount applicable under clause 8.
8 Your responsibility to us on termination
8.1 If you or we end this credit agreement, you must pay us the outstanding balance of the Amount of credit plus any other sums which may have become due by you to us under this credit agreement.
8.2 We may transfer our rights and obligations under this credit agreement provided that this does not adversely affect your rights. You may not transfer your rights or obligations under this credit agreement.
8.3 If any term in this credit agreement shall not be enforceable, it will not affect the enforceability of the other terms.
9.1 In these Terms and Conditions:
(a)Clause headings are for ease of reference only and shall not affect the interpretation of any provision.
(b)“Devices”, “Repayments,” “Amount of credit” and “Period of credit agreement” shall have the meanings given to them above.
9.2 In this credit agreement, words in the singular shall include the plural number and the reverse.
10 Sharing your information
We may use and share your information, information relating to your performance under this credit agreement and other information about you available to us to identify you and consider your application for credit, to help us make informed business decisions, and to inform you about Tesco Group products and services.
10.2 Credit Reference Agencies
We will first search our own records, and if necessary the records at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register, about you. We will also add to your record with the credit reference agency details of your credit agreement with us, the payments you make under it and any default or failure to keep to its terms. We may use credit scoring or other automated decision-making systems when assessing your application and to verify your identity. Credit searches and other information which is provided to us and/or the credit reference agencies, about you and those with whom you are linked financially may be used by us and other companies if credit decisions are made about you, or other members of your household. This information may also be used for debt tracing and the prevention of money laundering as well as the management of your account. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners and you may be treated as financially linked, which means your application will be assessed with reference to any associated records.
10.3 Fraud Prevention Agencies
If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when: checking applications for, and managing credit and credit related or other facilities; recovering debt; checking insurance proposals and claims; checking details of job applicants and employees. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
If you want to receive details of credit reference and fraud prevention agencies we use, please contact Customer Care by phoning 0345 301 4455, or 4455 from a Tesco Mobile phone, or by writing to Tesco Mobile Limited, Dumers Lane, Radcliffe, Bury BL9 9QL.
10.5 Monitoring and recording calls
We may monitor and record calls made to or by Customer Care for monitoring and training purposes and to improve the services we offer you.
10.6 Financial Conduct Authority
We are regulated by the Financial Conduct Authority and upon their request, may need to pass your information to them.
10.7 Tesco Group
We may pass your information to other members of the Tesco Group. We will never pass your information to anyone else, except where we have your permission, where we are required or permitted to do so by law, to other companies who provide a service to us and any successors in title to our business. Your information will never be released to companies outside the Tesco Group for their marketing purposes.
If you would like to obtain a copy of the information we hold about you, there’s a £10 charge. Please either call us on 0345 301 4455 or 4455 from your Tesco Mobile phone or write to us at: Tesco Mobile Limited, Dumers Lane, Radcliffe, Bury BL9 9QL enclosing a cheque for £10 payable to Tesco Mobile Limited and any details to help us identify and locate your information.
11 Complaints about your credit agreement
11.1 If you have a complaint about your credit agreement, please contact Customer Care on 0345 301 4455 or 4455 from your Tesco Mobile phone. If you are still not happy, please ask to speak to a manager. If you would like to write to us with your complaint, please write to Tesco Mobile Limited, Dumers Lane, Radcliffe, Bury BL9 9QL.
11.2 If you remain unhappy or you think that we haven’t dealt with your complaint satisfactorily within 8 weeks, you can refer your complaint to the following external regulatory body: Financial Ombudsman Service (FOS), telephone 08000 234 567 or www.financial-ombudsman.org.uk.
11.3 This credit agreement is subject to and will be interpreted in accordance with English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.