Allgemeinen Geschäftsbedingungen des Recyclingprogramms

These terms and conditions form the agreement between Fairphone and any Participant to the Fairphone Recycling Program for complete mobile phone devices. To participate, Participant must agree to these Recycling Programs Terms, which become part of the Fairphone Terms. Participation is voluntary. You need not join to purchase products at Fairphone.
1. Definitions

1.1 In these Terms and Conditions, the following definitions will be used.

Discount Voucher means the voucher received by the Participant following the successful receipt of the Product.

Recycling Value means the value of the Product based on its technical specifications and it physical condition minus the administration costs of the recycling program.

Form mean the “Request a shipping label” form on the Website.

Participant means the natural person, who participates in the recycling program-. A Participant is any person above the age of 18.

Product means the mobile phone device, which the Participant sends for recycling.

Recycling Partner means the third party service provider, which Fairphone has contracted for assessment of the Product and its refurbishing and recycling.

Recycling Program Terms means these Terms and Conditions, including updates, alterations and possible appendices, published on the Fairphone website.

Shipping Label means the label that the Participant receives after they complete the Form on the Website.

We (“our”, “us”, “Fairphone”) means Fairphone B.V., a Dutch limited liability company located at Pakhuis Amsterdam 3rd floor at Jollemanhof 17 1019 GW Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01

Webshop means our online shop section where you can acquire information about our Products and purchase them: www.shop.fairphone.com.

Website means our website: www.fairphone.com/recyclingprogram

You means the Participant or the user of the Discount Voucher, as applicable.

1.2 Capitalized terms that are not defined here will have the same meaning given to them in the Fairphone Terms and Conditions as published on our webpage.

2. Scope of Application

2.1 The Fairphone Recycling Program allows a Participant to recycle his/her old mobile phone device and in return the Participant receives a Discount Voucher for the purchase of a Fairphone 2 smartphone.

2.2 The recycling program for complete mobile phone devices does not apply to separate spare parts and accessories (ie. Chargers).

2.3 Where the Recycling Value is negative, We will redirect You to local recycling possibilities.

2.4 By submitting the Form on the Website:
a. You accept and agree that You are bound by the Recycling Program Terms; and
b. You acknowledge that You have read and understood the information concerning the Fairphone Privacy and Cookie Policy.

2.5 By purchasing or attempting to purchase a Fairphone 2 smartphone:
a. You accept and agree that You are bound by the Fairphone Terms and Conditions of Purchase as made available on our website; and
b. You acknowledge that You have read and understood the information concerning the Fairphone Terms and Conditions of Purchase.

3. The Shipping Label

3.1 To participate in the recycling program, You must fill out the Form on the Website.

3.2 To receive a Shipping label, You need to provide your full name, valid email address, postal address, IMEI of the Product and internal memory storage (ie. 8GB, 16BG, 32 GB) of the Product on the Form. Fairphone is not responsible for the accuracy of this data.

3.3 Upon completion of the Form, You will get the option to download a Shipping Label. The Shipping Label will also be sent to your email. Where the exclusion of clause 2.3 applies, you will be redirected to recommendations for local recycling on our Website.

3.4 The Participant can send up to a maximum of twenty (20) kilograms per Shipping label (per package). There is no limit to the amount of times the Participant can repeat this process.

3.5 Before providing a Product for recycling, You are responsible for backing up or transferring any data; deleting data on any storage devices in the Product; and removing any removable media, such as SIM cards and SD cards. Fairphone has no responsibility for the loss or confidentiality of Participant data on the Product.

3.6 The Participant shall follow the instructions for packaging as provided by Fairphone.

3.7 Once the Product has been received by the Recycling Partner, it cannot be returned to the Participant. Participation in this program constitutes a relinquishment of all rights to the Product sent for recycling.

4. The Discount Voucher

4.1 Once the Recycling Partner has confirmed receipt and assessed the Product, We will send the Discount Voucher in an email to the Participant. This process costs a minimum of three (3) weeks.

4.2 The Discount Voucher contains a unique code, which provides a forty-five (45) Euro discount upon the purchase of a Fairphone 2 smartphone. Fairphone will only provide the Discount Voucher in electronic form.

4.3 The Discount Voucher can only be redeemed in the Fairphone Webshop and may in no case be exchanged for the monetary value of the Discount Code.

4.4 When purchasing the Product with the Discount Voucher, the general Terms and Conditions of Purchase apply, including the right to a Cool-off period of 14 days from the receipt of the Product. In the event the You exercise this right, You will be reimbursed the monetary value of the Fairphone 2 Smartphone reduced by the value of Discount Voucher.

4.5 The Discount Voucher should only be used for personal and non-commercial purposes. You may either use the Discount Voucher yourself of share it with a personal contact.

4.8 The discount will be offered in Euro only.

4.9 The Fairphone 2 will only be delivered to the European continental countries of the following states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Holy See (Vatican City State), Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, The UK.

5. Terms of Validity

5.1 The Discount Voucher is for one-time use by either You or a personal contact and expires three (3) months from the date of receipt by the Participant.

6.2 A Participant who sends in multiple Products shall receive a voucher per Product. However, the Participant can only use one Discount Voucher per Fairphone 2 purchase.

6. Privacy and Data protection

6.1 Any personal details provided in connection with the Recycling Program will be processed in accordance with our Privacy Policy. It is important that You carefully read and understand this information.

6.2 All data collected by Us will be used and processed exclusively within the framework of the current Dutch and European Union data protection laws and in accordance with our data protection and privacy policies.

6.3 Our Recycling Partner will not receive any Personal Data. They will only receive the IMEI number and the internal memory specification in order to estimate the Recycling Value prior to the shipment.

6.4 Our Recycling Partner will erase all data from the incoming Products using a Dekra-certified process. You can read the certificate here. In case such erasure is not possible, the Product will be destroyed.

6.5 Our carrier DHL will delete your personal data as soon as it may no longer be retained pursuant to DPDHL storage guidelines or the applicable legislation. Where at possible and economically viable, anonymization and pseudonymization measures are applied to ensure that your actual identity is not discernible or cannot be reestablished without recourse to a disproportionate amount of effort.

7. Recycling Value

7.1 if You participate in the Recycling Program, the Recycling Value We receive from your Product will be used to support the expansion of this Recycling Program and other social and environmental programs, We either set up ourselves or with our partners.

8. Right to Termination

8.1 Fairphone can terminate the Recycling Program or a person’s ability to participate at any time for any reason and without notice.

8.2 Fairphone reserves the right to cancel the Discount Voucher or refuse a transaction if We notice any activity We believe fraudulent, improper, or unlawful or if We have reason to assume You are in breach of these Recycling Terms.

9. Limitation of Liability

9.1 To the extent permitted by law, Fairphone accepts no liability to any person or institutions for any services offered in connection with the Recycling Program in these Recycling Terms and especially disclaims liability for lost profits, loss of business or other consequential, special, indirect or punitive damages.

9.2 Without prejudice to the conditions of these Recycling Terms, Fairphone’s liability towards You is limited to the amount of the Discount Voucher.

9.3 Nothing in these Recycling Terms serves to exclude or limit liability for:
a. death or personal injury due to negligence;
b. deliberate deception;
c. any other form of liability that cannot legally be excluded or limited.

10. Severability

10.1 In the event that any provision of these Recycling Terms is declared invalid, illegal or unenforceable, the remaining provisions of these Recycling Terms shall remain in full force and effect. In such case, the Parties shall endeavor in good faith to modify the invalid or unenforceable article or to agree on a new article that is valid and enforceable.

11. Changes to Terms & Conditions

11.1 Fairphone reserves the right to amend these Recycling Program Terms by publishing an amended version on the Fairphone website at all times.

11.2 You are free to decide whether or not to accept a revised version of these Recycling Terms. If You do not agree to any revised version of these Recycling Terms, your sole recourse is to stop your participation in the Recycling Program.

11.3 Except as otherwise expressly stated by Us, participation in the Recycling Program is subject to, and constitutes your acceptance of, the version of these Recycling Terms in effect at the time of your participation in the Recycling Program.

12. Applicable law and dispute resolution

12.1 All contracts concluded with Fairphone shall be governed by Dutch law.

12.2 Any dispute between You and Fairphone in relation to the agreement, including the understanding and the extent of these Terms and Conditions, will be resolved by the competent court in Amsterdam, the Netherlands.

 

Thanks for reading and sending us your phones for safe recycling!