This page (together with our Privacy and Cookies notice) contains the terms and conditions for ZYBRE customers who take O2 SIM Only item(s) and/or service(s).
Please take a few minutes to read these terms and your contracts for the supply and service of your O2 SIM Only.
You agree to the terms and conditions of the relevant contract or agreement set out in this contract booklet (including any changes to the price, terms or services made in accordance with the terms and conditions) when performance of that contract or agreement begins.
For clarification, “we” “our” and “us” are references to ZYBRE. Where your contract or agreement is with ZYBRE, we provide services including the provision of equipment (including loaned equipment), in-home services, billing and customer support.
By purchasing a SIM Only (as defined below) you are also entering into a contract with ZYBRE. The O2 network provider’s terms and conditions are displayed on our site. By ordering a SIM Only you agree to be bound by the ZYBRE and the network provider’s terms and conditions.
We amend these Terms from time to time. Every time you wish to order, please check these Terms to ensure you understand the terms which will apply at that time. Every time you order from us, the Terms in force at that time will apply to the Contract between you and us.
These Terms were most recently updated on 16th June 2021.
- Information About Us
- We operate the website www.zybre.co.uk. We are ZYBRE Limited, a company registered in England and Wales under company number 13380642 and with our registered office at ZYBRE Limited, 20-22 Wenlock Road, London, N1 7GU.
- Contacting Us
- Online, you can speak to us using one of our online messaging options by visiting the ‘My ZYBRE’ section of zybre.co.uk.
- You can call us on 0330 320 2062.Calls to and from ZYBRE may be recorded or monitored for training and other purposes.
- You can write to us at ZYBRE, 20-22 Wenlock Road, London, N1 7GU.
We are committed to providing you with the best possible products and services, but we understand that sometimes things do go wrong. If you have a complaint, please get in touch with us straight away using the details above (please mark any letter you send us for the attention of ‘Customer Complaints’).
If you’d like to find out more about how we deal with your complaints and options for alternative dispute resolution, read our ‘Complaints Code of Practice’ which you will find by visiting zybre.co.uk/complaints.
Alternative dispute resolution services for ZYBRE customers are provided by the Ombudsman Services ADR scheme whose website is http://www.ombudsman-services.org.
- In these Terms, the following expressions have the following meanings:
- Minimum Term means in relation to a SIM Only the minimum term of your Network Contract.
- Network means the company which provides you with the Service.
- Network Contract means the contract you enter into with the Network for the supply of the Service.
- Service means the provision of access to a mobile network.
- SIM Only means a SIM card provided without a handset in relation to which you enter into a Network Contract.
- Tariff means the scale of charges you agree to pay to ZYBRE for the Network for the Service.
- In these Terms, the following expressions have the following meanings:
- Our Products
- All items and/or services shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the items and/or services you have ordered are not available.
- You may only purchase items and/or services from our site if you are at least 18-years-old.
- SIM Only
- By ordering a SIM Only you are making an application to ZYBRE to the Network for the provision of the Service to you. Your application will be subject to the credit check and security checks and a security deposit might be required; we may also request “proof of identification” documents, such as a copy of your passport or drivers’ licence.
- Except in circumstances where you cancel your Contract and in accordance with clause 9 (in which case the provisions of clause 9 apply), if your Contract ends before the end of the Minimum Term then you will be you will be liable for the full contracted term and the cost of the item(s).
- If you fail to pay the early termination charge under clause 4.2 we will commence proceedings to recover the cost from you including but not exclusive to invoicing you for the sums owed. You will remain liable for any subsequent outstanding balance and such sum will be payable to us on demand. We will commence proceedings against you to recover such sums if they are not paid to us on demand.
- Use of your information
- Information About Us
Please refer to the ZYBRE Privacy and Cookies Notice (available at zybre.co.uk/privacyandcookiesnotice) for information about the use of your personal information by ZYBRE Limited and its group companies. You can request a paper copy of the notice by calling us.
- Your Legal Rights
As a consumer, you have legal rights in relation to items that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- How the Contract is Formed Between You and Us
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.2, and will be subject to you passing our security checks from time to time which may include, without limitation, requiring proof of your address and identity.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the item(s) have been dispatched (Dispatch Confirmation). The Contract between us will be formed when we send you the Dispatch Confirmation. The Network Contract will be formed when we connect SIM Only to the Network, which will be immediately prior to us sending the Dispatch Confirmation.
- If we are unable to supply you item(s), for example because those item(s) are no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the item(s), we will refund you the full amount as soon as possible.
- You have 14 days, starting the day after the item(s) came into your physical possession, in which to notify us of your intention to cancel your Network Contract. If we receive notification outside of the cancellation period, you will be liable for the full contracted term and the cost of the item(s).
- You must return the item(s) without undue delay, and in any event not later than 14 days after the day on which you informed us of your wish to cancel your Network Contract.
- We can only cancel your Network Contract once the returned Goods have been received by us.
- It is not our responsibility to collect the item(s), you must contact us to make arrangements for return as soon as possible.
- You must bear the direct cost of returning the item(s). If the item(s) are lost or damaged in transit, you will be liable for the cost of replacing them. We recommend using a recorded and insured delivery service.
- How the Contract is Formed Between You and Us
Qualifying item(s) that are reported as faulty will be exchanged by ourselves.
- Your order will be fulfilled on or around the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- Delivery will be completed when we deliver the item(s) to the address you gave us.
- The Goods will be your responsibility from the completion of delivery.
- You own the Goods once we have received payment in full, including all applicable delivery charges except that you will only own a SIM Only at the end of the Minimum Term.
- No International Delivery
- Unfortunately, we do not delivery to addresses outside the UK.
- Price and Delivery Charges
- The prices of the item(s) will be as quoted on our site.
- Prices for our item(s) may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- The price of the item(s) includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the item(s) in full before the change in VAT takes effect.
- The price of the Goods does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
- It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced or the wrong information may be given in relation to Network Contracts, Tariffs or promotions (an Error). If we discover an Error, we will inform you and will give you the option of continuing with your order on the basis of the correct information or cancelling the order. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the item(s) to you at the incorrect (lower) price.
- How you’ll be billed
- We will post your bill electronically to the online customer account on zybre.co.uk, or if you have chosen to receive a paper bill, to your address, a reasonable time before payment is due (usually 14 days).
- A separate charge and separate terms and conditions apply if you choose to receive a paper bill. Details can be found in the section of this booklet ’Your contract for paper billing’.
- One-off charges you owe us (including early termination charges and the non-return charge) will be charged directly to any credit or debit card which you have provided us with details of. We will give you reasonable notice before making the charge. Please tell us if you don’t want us to use these card details for this purpose.
- Our Liability to You
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but not for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the item(s) and/or service(s) 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 business, business interruption, or loss of business opportunity.
- Please note that your contract for the supply of the Service is with ZYBRE and the Network.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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, and acts or omissions by third parties including the Network or the courier we appoint to deliver the item(s) and/or service(s).
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and 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 item(s) to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- Other Important Terms
- 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.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing but we will not unreasonably withhold our agreement.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 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 and the unlawful or unenforceable terms will be changed to the minimum extent necessary to make them lawful and enforceable.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These Terms and the Contract for the purchase of the item(s) and/or service(s) are governed by English law. You and we both agree to that the courts of England and Wales will have nonexclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Your contract for paper billing
These are the terms and conditions that you must keep to if you want to receive paper bills from ZYBRE.
This contract is with ZYBRE Limited (ZYBRE).
- If you want us to send you a paper bill to your address or an alternative address agreed between us you must request this from us and a paper bill charge applies which we will tell you about in advance and will be added to each bill.
- A paper bill charge will not be added to interim bills or bill reminder notices or if we have agreed to send you a bill in an alternative format for accessibility reasons, e.g. braille or large print bills.
- You can stop receiving paper bills by contacting us using the details set out in ‘How to get in touch with ZYBRE’ at the front of these terms or via our online customer account on zybre.co.uk, such as ‘My ZYBRE’. Your next bill will include the paper bill charge unless you tell us you want to stop receiving paper bills no later than the day before the day your bill is produced (the day this happens each month is stated on your bill and is normally 14 days before payment is due).
- We may end this contract at any time by giving you 31 days’ notice in writing.
- We may:
- increase the paper bill charge at any time by giving you notice in writing at least 31 days before the first bill listing the increased charge is produced;
- change or add to these conditions at any time and we will notify you in writing at least 31 days before the changes come into effect unless we need to make changes immediately for valid legal or regulatory reasons in which case, we will try to give you as much notice as reasonably possible.
- Where we are required to notify you under these conditions, we can do so using any of the methods permitted under any other contract you have with ZYBRE under which payments are added to your bill.
Your rights to cancel your order
Notice of your statutory right to cancel in your cooling off period
Cancellation period: You have the right to cancel your order for SIM Only service(s) from ZYBRE without giving any reason any time up to 14 days (“cooling off period”) from the later of: (i) delivery; (ii) installation; or (iii) confirmation in writing of the relevant terms and conditions for that product (which includes making the terms and conditions available to you in My ZYBRE).
- The right above does not apply in the case of a SIM Only service(s) if you asked for it to be made available during the cooling off period and ZYBRE asked you to acknowledge that you would lose the right to cancel at that point and you did so.
- The right above does not also apply in the case of a SIM Only Service(s) you have purchased or accessed via a third-party company or application (such as Netflix); you will need to cancel with the relevant third-party provider separately.
ZYBRE may offer an enhanced cooling off period from time to time which we will advise you of at the time of your purchase.
How to cancel: Any cancellation within this timeframe must be in accordance with this notice. You can cancel your ZYBRE order by:
- Calling 0330 320 2062;
- Emailing [email protected]; or
- Writing to ZYBRE Limited, 20-22 Wenlock Road, London, N1 7GU.
You must give your name, customer account number, address, post code, telephone number and e-mail address to cancel your order. If you cancel in writing we will send you an acknowledgement of receipt by e-mail.
Effects of cancellation: If you cancel an order during your cooling off period, we will refund to you all payments received from you in connection with the order, excluding the costs of delivery of any item(s) you ordered, but if you requested a product or service to begin during the cooling off period, you must pay us an amount which is proportionate to what was provided up to the point you cancelled your order, including for any SIM Only service(s) provided. You will not receive a refund of any one-off fees for services already performed if you cancel an order after the service has been fully performed. Cancellation of orders for O2 SIM Only will not affect your ZYBRE subscription.
Return of Equipment: If you cancel an order, you are responsible for returning the equipment provided as part of that order without undue delay using the returns method provided with the equipment or otherwise made available to you. Alternatively, you must hand them over to ZYBRE engineer if we request that you do so. You are responsible for the costs of returning the equipment you have ordered and ZYBRE may charge you our direct returns costs. ZYBRE can offset any returns costs against any money that it owes to you for any reason. You must keep any equipment that has been delivered to you safe until it is returned. We may make a deduction for any loss in value as a result of unnecessary handling by you.
Refunds: We will make any refund due to you (less any deductions due to us) without undue delay and not later than the earliest of 14 days after the day we either receive the equipment back from you or receive evidence from you that the equipment has been returned (such as a proof of posting receipt). We will make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise.
These cancellation rights do not affect your legal rights. If you require any advice on your legal rights, you can refer to adviceguide.org.uk