AXIA Mobile Phone Terms

AXIA Mobile Phone Terms

AXIA Mobile Phone Program Terms of Sale

 

What these terms cover. These Terms of Sale (together with our Terms of Service including our Privacy Policy, Cookies Policy and AXIA Wallet Terms) set out the terms and conditions on which we, on behalf of AXIA Telecom, supply smartphones, mobile devices, wireless data products, accessories and other related products listed on our website.

These Terms will apply to any contract between us for the sale of products to you and will be referred to as the contract.

If you buy a product from this website you are entering into a contract with AXIA Systems Inc., on behalf of AXIA Telecom, for the supply of the products by them; and (unless you are buying the product on its own without any telecommunication or data services) a contract with the relevant network provider (“Network Operator”) for the supply of telecommunications or data services provided by that Network Operator (“Services”).

 Your contract for Services is not with us, but is a separate contract with the Network Operator (“Network Contract”).

Why you should read these Terms. Please read these Terms carefully before you submit your order to us. These tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these Terms, please contact us to discuss.

Before you place an order on our site you will be asked to click on the button marked “I Accept” to indicate that you accept these Terms. If you do not accept these Terms, you will not be able to order any products from this website.

You should print a copy of these Terms for future reference.

These Terms are only in the English Language.

  1. Information about us and how to contact us
    1. This website is owned by and operated by AXIA Systems Inc., a company registered in the British Virgin Islands and located at Intershore Chambers, Road Town,Tortola, British Virgin Islands.
    2. To contact us, please see our Contact Format www.axiacoin.org
    3. If we have to contact you we will do so to you by writing to you at the email address or postal address you provided to us in your order.
  2. Use of this website
    1. Your use of this website is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.
  3. Placing an order
    1. You may only purchase products from this website if you:
      1. Provide your real name and correct address, phone number, email address, payment details and other required information;
      2. Are at least 18 years old;
      3. Provide an accepted delivery address; In addition to the delivery restrictions on certain jurisdictions identified in Clause 8.9, we are unable to deliver to overseas army addresses, hotels, hostels or prisons and as an anti-fraud measure we will only deliver to your home address after a request for delivery verification is provided after final payment is made.
    2. You may only purchase Services from the Network Operator if you meet their eligibility criteria (which may include providing adequate proof of your identity and satisfying the Network Operator’s credit checking requirements). Please note that any such Services provided to you by a Network Operator may or may not be payable in AXIA Coin (AXC), subject to the discretion of the Network Operator.
    3. You may place an order by clicking on the “Buy Now” button and proceeding to the checkout page. On the checkout page, you will pay using AXIA Coin (AXC) via your connected AXIA ecosystem wallet.

Note that our customer support team may, when contacted by email, ask for personal details provided in order to verify your identity.

  1. How the contract is formed between you and us
    1. Our acceptance of your order will take place when we email you to accept it, at which point a contract for the sale of products will come into existence between you and us.
    2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    3.  After you place an order, we will send you an acknowledgement e-mail (known as “Order Confirmation”) with your order number and details of the product(s) you have ordered. Please note that the Order Confirmation is an acknowledgement that we have received your order, not an acceptance of your order.
    4. Our acceptance of your order for product(s) and the formation of the contract of sale between us and you will take place when we send you an email that confirms that the product(s) have been dispatched (known as “Order Dispatch”).
    5.  If we are unable to supply you with your pre-order product, for whatever reason, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount in USD equivalent in AXC as soon as possible.
  2. Pre-orders
    1. A pre-order is a statement of interest from you towards the pre-order products. After having received your pre-order, we will send you an acknowledgement email (“Pre-order Confirmation”) with your order number and details of the pre-order products. The Pre-order Confirmation is not an acceptance of your order. When the pre-order products are available we will send you an email (“Pre-order in Progress”) informing you that we are now ready to process your order and release it for delivery, upon final receipt of payment. Acceptance of your pre-order and the formation of the contract of sale between us and you will take place as stated in Clause 4 of these Terms when you will receive the Order Dispatch.
    2. Pre-orders are date and time stamped on receipt by us, and will be processed strictly in the order in which they are received. All pre-orders are subject to availability. In some instances there may be unforeseen delays in launching the pre-order products. In these instances we will make all reasonable attempts to inform you of the delay. Any launch date displayed on this website is indicative only and may change.
    3.  If the product you have pre-ordered is not released or does not become available within 360 day days post pre-order (commencing the day after you ordered the product) (“Pre-order Expiry Date”), we shall contact you by email or phone and make you aware of the delay.
    4.  All pre-orders that are accepted by us (at our sole discretion) shall be subject to these Terms.
  3. Our right to make changes or vary these Terms
    1. We may change our terms:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2.  to reflect changes in the manufacturer’s specification or example to implement minor technical adjustments and improvements for example to address a security threat. We will endeavour to make sure that these changes will not reduce the quality or performance of such products.
    2. More significant changes to the products. Where you have ordered product and there are significant changes to the product that you have ordered we will let you know in advance to ensure that you still want to proceed with your final order and if you do not wish to proceed you may then contact us to end the contract

Every time you order products from us, the Terms in force at that time will apply to the contract between you and us.

We may vary these Terms from time to time. Unless you have placed an order for products, we do not have to notify you of any changes to the Terms. The Terms that will apply to any order you make for products are the Terms that you accept at the time you place your order.

  1. Prices, delivery and handling charges and taxes
    1. The price charged for a product will be the price quoted on our website at the time the order is placed and will be set out in the Order Confirmation and Order Dispatch. We take all reasonable care to ensure that the prices for products are correct at the time when the relevant information is entered onto the system. However, occasionally we may make a mistake in the price quoted on our website or in an advertisement and if we have made such an error, then we will inform you of this as soon as we become aware of it and will tell you the correct price. If we discover an error in the price of the product(s) you ordered:
      1. Where the product’s correct price is less than the price on this website, we will charge the lower amount when dispatching the products to you; and
      2. If the product’s correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product(s) at the correct price or cancelling your order.
    2. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
    3. We may change prices at any time and without notice. Price increases will only apply to orders placed after such changes.
    4. Prices for the products do not include charges for delivery and handling.
    5. Separate charges for delivery, handling and their related VAT or other taxes will be shown when you place your final order. The Order Confirmation and Order Dispatch provide proof of applicable delivery, handling and tax charges.
  2. Products, Services, availability and delivery
    1. Products may vary slightly from their pictures. The images of the products on this website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all weights, sizes, capacities, dimensions and measurements quoted on our website are approximate.
    2. We may withdraw the product. We may write to you to let you know if we are going to stop providing a product that you have ordered. We will endeavour to let you know promptly in advance of our stopping the supply of the product and will refund in USD equivalent of AXC any sums you have paid in advance for products which will not be provided.
    3. Delivery costs. The costs of delivery will be as displayed to you on our website.
    4. When we will provide the products. During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery date or to agree on a delivery date.
    5. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    6. If you order any personalised products, the manufacturing time for such personalised products is added to the delivery time of the selected delivery option. There may also be reasons for us to reschedule your order in case the product(s) cannot be delivered on the estimated delivery date. In that case we will contact you to discuss a revised delivery date.
    7. We will complete delivery when we deliver the products to the address you gave us.
    8. The products will be your responsibility from the time we deliver the product to the address you gave us.
    9. Unfortunately, we do not deliver to addresses in any Financial Action Task Force (FAFT) Jurisdiction including the following;
      Syria
      Iran
      Pakistan
      Myanmar
      North Korea
      CubaCrimea (region, not country of Ukraine)
    10. We encourage you to examine the delivery package and received products within a reasonable period of time after they are delivered to you and check their condition and that the delivery package is unopened and the content of the delivery package is complete. It is your responsibility to notify us as soon as possible, that packaging has been damaged in transportation, or the delivery is incomplete. For information on our returns policy see Clause 13 below.
    11. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will provide you with information on how you can rearrange delivery or arrange to collect the products from a local collection point.
    12. If you do not collect the products from us as arranged, or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a collection point we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 13 will apply.
  3. Compatibility
    1.  It is your responsibility to ensure that the products you purchase are compatible for their intended use. Where a Service is ordered with a product we recommend that you check that satisfactory network airtime service is available in the areas that you intend to operate the product.
  4. Title to products
    1. We retain full legal title to products until we have received in full all amounts due on the ordered products, including all applicable delivery charges.
  5. Communications between us
    1. When we use the words “writing” or “written” in these terms, this includes emails.
    2. To cancel a Contract in accordance with your legal right to do so as set out in Clause 12, you must contact us in writing by sending an e-mail to axiatel@axiacoin.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
    3.  If you wish to contact us for any other reason, you can write to us by e-mail at axiatel@axiacoin.org.
    4.  If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
    5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  6.  Your right to end the contract
    1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clauses 13 and 17;
      1.  If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions for example you may have to pay the costs of return of any products;
      2. In all other cases (if we are not at fault and there is no right to change your mind), see Clause 12.6.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
      2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
      4. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms.
    4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
      1. any made-to measure or custom-made products or products made to your specification or clearly personalised;
      2. digital products after you have started to download or stream these;
      3. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
      4. any products which become mixed inseparably with other items after their delivery.
    5. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless:
      1. Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
      2. Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 13), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums in the USD equivalent of AXC paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  7. How to end the contract with us (including if you have changed your mind)
    1. To cancel a contract, please contact us by sending an email to axiatel@axiacoin.org We will then send you by email, to the address that you provided, a Returns Authorisation Number (RAN) and give you the necessary return instructions.
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at axiatel@axiacoin.org for details on how you can arrange for the products to be returned. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      1.  if the products are faulty or not as described;
      2.  if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing (that is to your disadvantage) or description, a significant delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
      3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
      4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
      5. Some minor faults can be rectified by a simple download of the latest release of the manufacturer’s operating software and our customer service team can advise on this and the best course of action.
      6. Please note that in order for us to accept your phone for a cancellation where you have changed your mind it must meet the following criteria:
        1. Must be in a resalable condition
        2. Must be in its original box and packaging which must remain undamaged
        3. Must be returned with its original charger, and all other in box accessories that it was delivered with
        4. Must have pin locks or passcodes removed
      7. For any handsets which are faulty we understand that some of the above criteria may not be met and we will do our best to offer a like for like exchange within the 30 day exchange period. For any faults outside of 30 days you could be covered by your manufacturer warranty, and should contact the relevant points of contact.
  8. Refunds
    1. Once we have received and validated your returned products, we will confirm this to you by email.
    2. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
    3. Your refund, to be paid in the AXC equivalent of USD paid at the time you sent payment, will be credited to your AXIA Wallet as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation and confirmed by email (“Order Refunded” email).
    4. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    5. Please note that we will only process returns and refunds for products bought on this website. If you bought products through some other distribution channel, such as from another website, a mobile network or a retail store or catalogue, please follow the applicable seller’s product return policy.
  9. Our right to end the contract
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 14.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for
  10. Warranties for the products or if there is a problem with the product
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at axiatel@axiacoin.org.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
    3. Your obligation to return rejected products. Please contact us for details on how you can arrange for products to be returned. In addition to your rights set out above, a manufacturer’s limited warranty offered for products will be included in the user guide or included in the product packaging or made available otherwise to you. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty. The manufacturer’s warranty does not affect your legal rights.
  11. Circumstances beyond our reasonable control
    1. We will use reasonable efforts to perform our obligations under this Contract; however, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an event outside our control.
    2. An event outside our control means any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an event outside our control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will try to arrange a new delivery date with you after the event outside our control is over.
  12. How we use your personal information
    1. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
  13. Our liability
    1.  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of network airtime service or billing incurred, loss of business, business interruption, loss of business opportunity.
    3. We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the applicable consumer protections laws.
  14. Other important terms
    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. These terms are governed by British Virgin Islands (“BVI)  law and you can bring legal proceedings in respect of the products in the BVI courts.
    7. We will not file a copy of the contract between us.