Our Warranties for the Fairphone Devices and their accompanying accessories and spare parts
Fairphone is changing the industry from the inside out. It’s Our mission to establish a viable market for sustainable consumer electronics. To achieve that, We strive to offer Products that are designed to last much longer than the industry’s standards, but We all know that anything can happen in life. And when it does, We understand it is important for You to know how Fairphone can help and what Your rights are.
This is exactly what Our Warranty policies are about, laying out how Fairphone will ensure that You keep Your Product for as long as possible and ensuring You know when We will cover Your Product’s issues and what We expect from You! As you can imagine, this information is important for You to know Your rights regarding any Fairphone Product You own and We encourage You to read through it.
Now onto some boring stuff!
Just so You know, Fairphone is a Dutch limited liability company located at Van Diemenstraat 200, 1013 CP, Amsterdam, The Netherlands, and registered with the Trade Registry number 55901964 (“Fairphone”, “Us”, “We” or “Our”).
As for Our End-User (“End-User”, “You, “Your”), You must be above the age of 18 and reside within the European continent.
Device means any Fairphone smartphone device made available either on Our webshop or by one of Our sales partners.
We expect You to satisfy the required conditions laid out in the following standard Warranty (“Warranty”) and Extended Warranty (“Extended Warranty”), jointly “Warranties”.
Our Warranties only apply to Fairphone original products.
This version of Our Warranty terms will apply from 30.08.23. If you would like to see the terms that applied until 29.08.23, please click here for the standard Warranty and there for the Extended Warranty.
The nitty gritty
1.1 Our Warranties apply in addition to the statutory warranty rights. Since We understand this formulation is quite complex, We want to clarify what this means for You and Your rights.
1.2 In the European countries where we ship to (including the United Kingdom, Norway and Switzerland) the Legal or Statutory Guarantee represents the legal rights that a customer has when they buy something. These rights are regulated under European Union (EU) and national law where applicable. Should You discover a defect, You are entitled to various rights and remedies as a protection against faulty goods, or goods that do not look or work as advertised. For EU countries, under Directive 1999/44/EC, You are entitled to a 2-year legal guarantee for all goods and under local law, You may even be entitled to additional rights (“Legal Guarantee”). Our Warranty does not replace, restrict, limit or otherwise affect Your rights.
You can invoke Your rights under the Legal Guarantee towards Fairphone only if You purchased Your Fairphone Product directly from Our official Webshop. If You purchased Your Fairphone Product from a reseller, then You can only invoke Your rights under the Legal Guarantee with the reseller.
1.3 You can always contact the European Consumer Centre in Your country of purchase, or where applicable, Your country of residence to obtain detailed information on Your rights.
1.4 If You choose to terminate the contract of sale and return the Product, that will also mean both the Warranty and the Extended Warranty automatically ends. You can find more information on termination in the Terms and Conditions of Sale.
3.1 Fairphone’s Warranty service is provided to customers located in the following continental European territories;
(excluding Azores and Madeira)
(excluding Canary Islands, Ceuta and Melilla)
|Germany||Norway||The United Kingdom (excluding the Channel Islands)|
|France Métropolitaine (excluding overseas territories)||The Netherlands (excluding Bonaire, Saba and St. Eustatius)|
3.2 Any other countries are explicitly excluded from warranty coverage. Please be advised that the geographical coverage of Fairphone and the subsequent Warranty service may be subject to expansion. Any changes will be communicated here.
4.1 It might sound a bit harsh to start with what is not included in Our Warranties, but We thought it is important for You to know what issues Fairphone cannot cover. The list is long, but don’t worry there are still plenty of instances where Fairphone has Your back!
4.2 The Warranties only apply to Fairphone original Products. The easiest way to make sure that You are purchasing a Fairphone original Product is to either buy it directly from Us or from a professional reseller. In case You have doubts about whether You are purchasing a Fairphone original Product, please contact Our Customer Support who will be able to provide You with information regarding Our authorised Partners.
4.3 The Fairphone Warranties do not cover damages that are the result of the following:
4.3.1 Normal wear and tear (battery deterioration, coatings and other consumables etc.), unless the failure has occurred due to a defect in design, materials or workmanship;
4.3.2 Usage of the Product other than its normal and customary manner;
4.3.3 Cosmetic damages, including but not limited to dents or scratches in decorative, structural, or non-operative parts resulting from Normal Customer Use;
4.3.4 Failure of the display in the case of a malfunction of up to 8 pixels per million pixels, as Well as burns on the screen due to continuous action of still images;
4.3.5 Use with non-Fairphone products (e.g.: third-party module or battery in a Fairphone Product). This does not apply to non-Fairphone chargers which meet the provided technical requirements.
4.3.6 Transporting the Product from You back to Us;
4.3.7 Some nasty things such as
- improper storage
- lack of adequate ventilation
- blown fuse
- improper use of any electrical source
- exposure to liquid, moisture or dampness
- prolonged exposure to heat or cold.
4.3.8 Accidental damage which means any deterioration or destruction of the Product, which prevents it from working properly and which is the result of an external, sudden and unforeseeable cause. Examples of external causes are;
- Any natural or man-made disaster (e.g. tsunami, earthquake or (wild) fire(s));
- Extreme Weather (e.g. flooding or wind storms);
- Particles (e.g. sand or dirt);
4.3.9 Defective function of the cellular system or inadequate signal reception by the external antenna, except if this is due to a manufacturing defect.
4.3.11 Installation of a Third Party Operating System. For instance, if You modify some Android partitions when You flash a Third Party Operating System, which makes it impossible to go back to the official Software version provided by Fairphone.
4.3.12 Improper testing, operation, maintenance, installation, or any alteration or modification of the Product;
4.3.13 Service performed by anyone who is not a Fairphone representative or an authorized Fairphone service provider;
- Fairphone does not cover Products linked to activities that are fraudulent and/or unlawful, such as
- Stolen Products or any Product for which You cannot disable the security measures or You cannot demonstrate to be the authorized user of the Product.
- Damage due to Your participation in an act of terrorism, war , riots, or popular movements, as well as Your conscious non-observance of official prohibitions.
- Claims related to fraud, (gross) negligence or recklessness by You;
- Products for which an original proof of purchase is not available will, unfortunately, also be considered to be linked to fraudulent activities and are therefore not covered by this Warranty.
5.1 The warranties relate to the hardware and manufacturing quality of the products as they were delivered to you. Software is another important component to make your smartphones operate smoothly. However, Fairphone does not guarantee that software preinstalled by or on behalf of Fairphone on the Product (including subsequent updates and upgrades) will meet Your requirements, work in combination with any hardware or software not provided by Fairphone and/or will operate uninterrupted or error-free, or that Fairphone will correct all software errors.
5.2 The Warranties do not cover software that is owned by Fairphone or third parties for which an End-User license agreement or separate warranty or exclusions are provided. Consult the End User License Agreement on Your rights regarding the use of software, on Your Fairphone smartphone or on Our Legal Hub.
Making use of your Warranty
6.1 Let’s start by reiterating that despite the standard exclusions We mentioned above, Fairphone is a firm believer and a front-runner in the right to repair Your own electronics. This means that whether or not Your Product is under warranty, We will do Our utmost best to ensure You get to keep using it, provided that We still support that Product and We have the required spare parts available! For a quick summary of Warranty coverage, You can also refer to this page.
6.2 You can therefore reach out to Fairphone for both in-warranty and out-of-warranty repairs service. However, only the in-warranty service shall be free of charge. The warranty service will be limited to the options available in the country where You request it. Service options, parts availability and response times may vary according to country.
6.3 Continuing to use a malfunctioning or defective Product can create additional damage, which makes it difficult or impossible to verify the cause of the initial defect. Therefore, please read and follow the instructions in this section, as soon as You experience any defect or malfunction with Your Product:
– When attempting to diagnose or repair Your Product, You should make a separate backup of any material stored on the Product, which will be erased during the repair process and cannot be reinstalled by Fairphone.
– Make sure You are running the latest software on Your Product. If Your Product is covered by this Warranty, You may be required to download and accept software updates. You are responsible for any third-party data costs charged to You when obtaining the downloads.
– If Your Product is operating on a third-party operating system (OS), please contact the software provider for any queries. In case You want Your Product to be covered by this Warranty nonetheless, We will require You to revert back or switch to Fairphone OS. This Warranty covers only the Product as provided by Us and, unless the Third Party Operating System is removed, it will not be possible for Us to assess whether the defect is caused by the Product hardware or by the Third Party Operating System.
– Review Fairphone’s online Customer Support for troubleshooting information. If Our Customer Support Team or the Fairphone troubleshooting tool advises You to self-repair a Fairphone smartphone by changing a Spare Part, keep in mind the following:
- Sometimes a Spare Part may not function properly due to other causes like software issues. Thus, changing the Spare Part might not solve Your problem. In case of doubt, please contact Fairphone Customer Support.
- Although the Fairphone Product is designed for self-repair, it requires careful handling to perform a repair as intended. To ensure the safe handling of Your Product, We advise You to consider the following:
- Ensure that Fairphone Customer Support or the Fairphone troubleshooting tool have advised You to self-repair Your Fairphone Smartphone Product. In case Your Product is covered by Our Warranties, make sure to report it to Fairphone’s Customer Support, so that You can be supported.
- Carefully review and follow the specific instructions on Fairphone’s Customer Support page. These instructions serve as informative documents meant to guide You through the process of opening up Your Fairphone smartphone Product for repair.
- Use the correct tools when taking out or installing Spare Parts. be particularly mindful of Electrostatic Discharge. Fairphone cannot be held responsible for any harm and/or damage caused to products or people following the improper implementation of the self-repair procedures suggested. For the recommended tools please visit Our Website.
- The Spare Parts are not made to open or take apart. The Fairphone Product can be repaired by replacing spare parts. However, opening and/or taking apart the replaceable parts themselves may cause damage and is not covered by Our Warranties.
– If Your Product is still not functioning properly following the software update and the troubleshooting on the support Website, You can contact the trader from whom You purchased it to see how they can help. If you purchased Your Product directly on Our Webshop, contact Our Customer Support team through this form, or visit Our Legal Hub to get further information regarding the Fairphone Return Policy.
– To the extent permitted by law, Our warranties are only valid if the proof of purchase for the Product (issued by Us or a Fairphone authorized reseller and specifying the date of purchase) is presented with the Fairphone Product to be repaired or replaced. Fairphone reserves the right to refuse in-warranty service if the proof of purchase is not presented or if it is incomplete/illegible. The warranty shall not apply if the IMEI 1 and/or the serial number on the product have been altered, defaced or removed.
– Before You send Your Fairphone Product in for repair, you should make a separate backup of any material stored (including personal data) on the Product, delete any personal data, disable any security passwords, and remove any accessories, including but not limited to removable memory storage and SIM cards. Fairphone will erase any remaining material from the Product upon receipt and is not responsible for any additional accessory received.
– Fairphone is, unfortunately, unable to provide a replacement phone to You for the duration of the repair.
– If You send Your Product for repair and the Product is not covered by any of Our Warranties or other consumer rights, Fairphone will inform You of the availability, price, and other conditions applicable. If You do not wish to have the Product repaired, Fairphone will return the Product to You and charge You shipping, handling and diagnostics costs. You may also request Fairphone to recycle Your Product free of charge if You do not wish to have the Product returned.
– In case You sell or donate Your Product to someone else, this person (“Second Owner”) can benefit from In-Warranty repairs and replacements as long as they can demonstrate the device was registered for this Warranty by the Original owner and they can show the proof of purchase We or one of Our authorized partners issued to You (transferred Warranty). The transferred Warranty cannot extend beyond the period of Your original Warranty from the date of Your delivery.
7.1 If malfunction or defects occur during the Warranty Period, Fairphone will consider at its sole option the possibility of repairing or replacing (parts of) Your Product in the following order:
- repair Your Product
- replace Your Product
- substitute Your Product for an equivalent model (Product with the same, similar or equivalent features).
- If substituting Your Product for an equivalent model is impossible, Fairphone might offer an upgrade to a successor model. A surcharge may apply for an upgrade. This depends on the Product, model and condition of the defective Product.
7.2 Fairphone will cover all costs associated with in-warranty repair and replacement of the Product, including postage, our repair centre’s labour costs, and own material costs within the countries of the European Economic Area, Norway, Switzerland and the United Kingdom, excluding any overseas territories. For the most up-to-date list of service countries, check here.
7.3 A repair or replacement will not renew or extend the Warranty Period unless such renewal or extension is mandated by local law, in which case the Warranty period is extended by the minimum time required by law. In countries where a renewal or extension of warranty is not mandated by local law, the Product is covered by the remaining warranty period or a period of (90) days from the date of replacement or repair, whichever is longer. The malfunctioning or defective Product that Fairphone has replaced shall become Fairphone’s property.
7.4 Fairphone may return the Product or a replacement product to You with an updated Operating System. To be clear, that excludes any third-party apps you might have installed on the device before the return Fairphone may update the system software to a newer version, which will not allow the recovery of older software versions. A software update of this kind may prevent the correct operation of third-party programs. You are responsible for re-installing all third-party software programs, data and information. Recovery and re-installing third-party software programs, data and information do not fall under the Fairphone Warranty service.
7.5 If the Product is returned to Fairphone after the expiration of the limited warranty period or if one of the warranty exclusions applies to the malfunction or defect, Fairphone’s normal repair policies as stored on Our Legal Hub shall apply and You will be charged accordingly. All warranty information, pricing, product features and specifications are subject to change and Fairphone cannot be held liable for any such changes. If Your Product is not covered by Our Warranty, We will, of course, make sure to request Your approval before engaging in any repair or replacement.
7.6 In line with Our mission to reduce e-waste, We may use refurbished spare parts in case We repair Your defective Product. We ensure that the appearance and the performance of the refurbished spare part are in good working condition.The refurbished parts may show some marks of previous usage, but this will not affect their functioning. In the case of repair, the defective part of Your Product will be at Our disposal and will become Fairphone property. If You decide to self-repair the defective Product, We encourage You to recycle the defective parts locally. Please check with Your local municipality to participate in the recycling of materials and components, when the option to do so is available in Your area.
7.7 In parallel to using refurbished spare parts during repairs at Our authorised repair centre, spare parts are also available on Our Website for self-repairs. We strive to keep spare parts available on Our Webshop for at least 5 years from the launch of a Product and do Our best to offer them for even longer if that’s an option. That being said, to the extent permitted by law, Fairphone shall not be responsible in case a spare part becomes temporarily or permanently unavailable. For more information on self-repairs, review Our detailed instructions in Article 6 (Warranty claims).
8.1 To the maximum extent permitted by law, this Warranty will be Your sole and exclusive remedy against Fairphone and Fairphone assumes no obligation or liability beyond what is expressly provided for in this Warranty. Fairphone’s liability shall be limited to the duration of this Warranty, as mentioned under section 2.
8.2 Fairphone’s liability under the Warranty shall be limited to the actual cash value of the Product. Fairphone reserves the right to deduct a reasonable sum based on the period during which You used the Product when determining its cash value.
8.3 To the extent permitted by law, Fairphone shall not be liable for any special, incidental, consequential or indirect loss arising in connection with the Product, including loss of profits, revenue or data. Nothing in this Warranty excludes any liability of Fairphone to You for personal injury, death, fraud, gross negligence or any matter for which it would be illegal to exclude liability.
9.2 The warranties will be void in any of the following events:
9.2.1 Any term contained in this Warranty has been altered or modified in any way without the prior written consent of Fairphone. The agents, employees, distributors, and dealers of Fairphone Products are not authorized to make modifications to this warranty, or make additional warranties binding Fairphone:
9.2.2 Fairphone has not been notified by You of the alleged defect or malfunction of Your Product during the applicable warranty period.
9.3 All contracts concluded with Fairphone shall be governed by Dutch law.
9.4 In the event of disputes, EU-based customers may decide to come in contact with the European Alternative/ Online Dispute Resolution. This platform is developed and operated by the European Commission and provides a non-judicial redress of any dispute betWeen trader and consumer. This platform is not available to customers who are not based in the EU, but other avenues may be available to You.
9.5 For judicial redress, any dispute between You and Us in relation to the agreement, including the understanding and extent of these Terms and Conditions will be resolved by the competent court in Amsterdam, the Netherlands. Nothing in these Terms, including this section 9, affects Your rights as a consumer to rely on mandatory provisions of local law.