Recycling Program Terms & Conditions
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.
1.1 In these Terms and Conditions, the following definitions will be used.
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.
Recycling Refund means the refund 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.
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.
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.
2.1 This promotion is only valid in case you order a Fairphone 3 smartphone in our webshop. If you do so, you will receive a €75 Recycling Refund (UK customers: 65 GBP) on your order if you send us back a Fairphone 1 or Fairphone 2 via our Recycling Program. You will receive a €20 refund (UK customers: 15 GBP) on your order if you send us back any other phone. The promotion is available for a limited time only, starting 13 March 2020 and ending on the 30 April 2020. The previous promotion of receiving a €40 Recycling Refund on your order if you sent us back a Fairphone 1 or Fairphone 2 via our Recycling Program started 27 August 2019 and ended 12 March 2020. In case you sent your device before 13 March 2020 the moment you requested the shipping labels to participate in our recycling program, you agreed to the promotion terms and conditions that were applicable at that time. It is unfortunately not possible to grant the new terms and conditions to be applied in retrospect. We appreciate your participation in helping us reducing e-waste by recycling and repurposing your unused phones.
2.2 A Participant may send in multiple Products. However, the Participant will only receive one Recycling Refund, which shall never exceed the amounts of €20 or €75 per order respectively, per Fairphone 3 smartphone purchase (UK customers: 15 GBP or 65 GBP).
2.3 Once the Recycling Partner has confirmed receipt and assessed the Product, we will automatically send the Recycling Refund to the Participant using the same payment method used to purchase your Fairphone 3. This process may cost up to eight (8) weeks.
2.4 When purchasing the Fairphone 3 smartphone with the Recycling Refund, 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 you exercise this right, you will be reimbursed the monetary value of the Fairphone 3 smartphone reduced by the value of Recycling Refund.
2.5 The Recycling Refund will be offered in Euro and British pounds only.
2.6 By purchasing or attempting to purchase a Fairphone 3 smartphone:
- You accept and agree that you are bound by the Fairphone Terms and Conditions of Sale 2019 as made available on our website; and
- You acknowledge that you have read and understood the information concerning the Fairphone Terms and Conditions of Sale 2019.
3.1 The Fairphone Recycling Program allows a Participant to recycle his/her old mobile phone device.
3.2 The recycling program for complete mobile phone devices does not apply to spare parts and accessories (ie. Chargers).
3.3 By submitting the Form on the Website:
- You accept and agree that you are bound by the Recycling Program Terms; and
3.4 The Fairphone recycling program is only available within the European Union. This means that the recycling program does not cover Norway and Switzerland. At the moment, due to technical reasons it also does not cover Portugal.
4.1 To participate in the recycling program, you must fill out the Form on the Website.
4.2 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.
4.3 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.
4.4 The Participant can send up to a maximum of three mobile phone devices per Shipping label (per package). There is no limit to the amount of times the Participant can repeat this process.
4.5 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. Devices follow a Dekra certified process to erase any remaining data before recycling.
4.6 The Participant shall follow the instructions for packaging as provided by Fairphone.
4.7 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.
5.2 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.
5.3 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. If the corresponding device to that IMEI cannot boot up (ie. the device does not start even when plugged) it might be that our systems cannot read the IMEI of the phone and therefore we cannot apply you the promotional discount automatically. Please contact our customer support if you do not receive the discount.
5.4 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.
5.5 Carrier DHL will delete your personal data as soon as it may no longer be retained pursuant to DP DHL storage guidelines or the applicable legislation. Where 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.
6.1 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.
7.1 Fairphone can terminate the Recycling Program or a person’s ability to participate at any time for any reason and without notice.
7.2 Fairphone reserves the right to cancel the Special Promotion 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.
8.1 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.
8.2 Without prejudice to the conditions of these Recycling Terms, Fairphone’s liability towards is limited to the amount of the Recycling Refund.
8.3 Nothing in these Recycling Terms serves to exclude or limit liability for:
- death or personal injury due to negligence;
- deliberate deception;
- any other form of liability that cannot legally be excluded or limited.
9.1 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.
10.1 Fairphone reserves the right to amend these Recycling Program Terms by publishing an amended version on the Fairphone website at all times.
10.2 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.
10.3 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.
11.1 All contracts concluded with Fairphone shall be governed by Dutch law. Nothing in these terms and conditions, including this section 11, affects your rights as a consumer to rely on mandatory provisions of local law.
11.2 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!
Contact us: If you have any questions on this promotion, please contact us by phoning +31 20 788 4400 or send us a message here.