Fairphone terms and conditions of sale
The following terms and conditions will govern your relationship as a buyer with us, Fairphone. Please ensure that you carefully read and understand the terms in this document prior to ordering our products.
In these Terms and Conditions, the following definitions will be used:
means the charges of the Product and/or other possible services, including, but not limited to, purchase costs and delivery charges.
a natural person or legal person, who ultimately uses the Product. For the purpose of these Terms and Conditions, the Consumer is not authorized to, in the course of running a business or in the exercise of a profession, distribute or set up a sales system to distribute the Product to any entity. Nevertheless where no such commercial interest exists, the Consumer can supply the Product to other entities.
means an event which is beyond the reasonable control of the affected Party and which such Party could not anticipate or mitigate.
Intellectual Property Rights
means all right, title and interest in and to all industrial and intellectual results, objects or property either in whole or in part, tangible or intangible, including all patents, binaries, codes, source and object codes, software, trademarks, copyrights, design, information and know-how, and all other similar results, objects or property.
means the Fairphone smartphones including its replaceable parts, spare parts, accessories and possible services as offered for sale by Fairphone.
means these Terms and Conditions, including updates, alterations and possible appendices, published on the Fairphone 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
means our on-line shop section where you can acquire information about our Products and purchase them: www.fairphone.com/shop
means our website : www.fairphone.com
means the Consumer.
2.1 These Terms apply in full to all contracts and other obligations between you and us, and exclude all other terms and conditions, whether provided by you or any third party, unless previously agreed upon in writing by Fairphone.
2.2 These Terms apply as of the time of your order. In case of changes, the Terms and Conditions applicable to you at the time of purchase will apply.
2.3 Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you or 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 then please contact us through this form.
3.1 We are Fairphone B.V, a Dutch limited liability company located at Pakhuis Amsterdam 3rd floor at Jollemanhof 17 1019 GW Amsterdam in the Netherlands. Our Dutch Company Trade Registry number is 55901964. Our registered VAT number is 8519.04.270.B.01.
3.2 You can contact us by telephoning our customer support service team at +31 20 788 4400 or by filling out the form on our website found here.
3.3 We may contact you by telephone or by writing to you at the email address you provided to us in your order. When we use “writing” or “written” in these Terms, this includes emails.
4.1 The presentation of Products within the Web shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the checkout button, you are making a binding offer for the goods contained in the shopping basket.
4.2 An email confirming and containing the receipt of the order will occur after the payment has been secured. This confirmation e-mail represents the acceptance of your binding offer by us. At this point a contract will come into existence between you and us.
4.3 Prior to any purchase, you must provide accurate, current and complete information (registration data), which is required in registering and ordering Products. This information must always be up-to-date, you must renew this information in case of alterations. We reserve the right to reasonably terminate your purchase contract if any information provided by you is false, inaccurate, not up-to-date or incomplete. If the contract is terminated on these grounds, you are not entitled to any compensation and you will be liable for damages that Fairphone will suffer, such as additional delivery costs. You will receive a refund for any products paid for but not received.
4.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
4.5 If you are not of legal age or act on behalf of someone else, note that you need to have the consent of a legal representative or the person in question. This is your responsibility.
5.1 Products and Product packaging may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products, therefore your product may vary slightly from those images
5.2 We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements.; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6.1 The Charges we ask for the Products are published on our Webshop and made known to you before you conclude your purchase. We reserve the right to change the Charges unilaterally. In case of changes, the Charges that were made available on our Webshop when the Products were ordered are applicable. Charges must be paid in accordance with the instructions as specified by us on either the Webshop, the invoice or by other means. However please see Clause 6.8 for what happens if we discover an error in the price of the product you order.
6.2 The final costs of delivery can be found on our Website on the check-out page before you confirm purchase.
6.3 Our Products will be charged in Euro (€).
6.4 All Charges are gross prices and include the current rate VAT depending on the country of your purchase. Shipping and other charges, such as import taxes will depend on the value of your order and the country to which the product is being shipped. These and any customs duties or tariffs that may be imposed on the deliveries will be paid by you.
6.5 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
6.6 The payment of your purchase may be made by the general payment methods, such as bank transfer, SOFORT banking, iDEAL, PayPal, Credit Card. We also offer the following country specific payment methods: Cartes Bancaire (for France), Bancontact (for Belgium), Dankort (for Denmark), Giropay ( for Germany), Swish (for Sweden) and Sofortüberweisung (for Austria, Switzerland, Germany, Belgium).
6.7 Your order only becomes final when we receive the full payment of the applicable Charges. Only final orders will be dispatched.
6.8 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly charged. We will normally check charges before accepting your order so that, where the product’s correct charge at your order date is less than our stated charge at your order date, we will invoice the lower amount. If the product’s correct charge at your order date is higher than the charge stated to you, we will contact you for your instructions before we accept your order. If you think an invoice is wrong please contact us promptly to let us know.
7.1 Unless you have a different requirement, then the delivery address entered by at the shipping stage of your order will be used. You may change your delivery address or contact details until your order has been processed and is ready for shipment. Due to tax and customs considerations, you may only change within the same country of your initial delivery address. If your order has already been processed and awaits shipment, you will only be able to request a refund or you can order a new Product.
7.2 During the order process we will indicate when we will deliver the products to you.
7.3 The Products that we currently offer will only be delivered to the continental European territories of the following countries: 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, UK.
7.4 In case of Force Majeure, Fairphone cannot be held responsible for any failure or delay in our performance. 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.
7.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. 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, 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 11 will apply. For a full description of our delivery procedures, click here.
8.1 The Products will become your property when you receive them, provided that we have received full payment. As soon as we have delivered the Products to you and unless due to manufacturing defects or lack of conformity as per our Warranty Statement, you will become responsible for them and for any loss or damage thereafter. Please read our Warranty Statement.
9.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a. If you what to end the contract because of something we have done or have told you we are going to do.
b. If what you have bought is faulty or not as advertised, you may have the legal right to end the contract (clause 13).
c. If you have just changed your mind about the product.
9.2 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 at below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you, we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d)you have a legal right to end the contract because of something we have done wrong.
9.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund (“Cool-off”). You are entitled to cancel your purchase within fourteen (14) days from the day the Product was delivered to you, without explanation and without incurring any penalties. If your Products are split into several deliveries over different days, you have until 14 days after the day you receive the last delivery to change your mind about the products. Notwithstanding this right, you are not entitled to cancel your purchase of accessories for Products that are personalized or custom made. These rights are explained in more detail in these terms.
9.4 We will make any refunds 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 or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. We will refund you the price you paid for the products including delivery costs for sending the products to you, by the method you used for payment. We will not refund the costs of returning the Product to us. For information about how to return a product read our Return Policy.
10.1 The purchased Products are covered by a warranty period of two (2) years from delivery. This shall be without prejudice to any mandatory provisions of local law.
10.2 The Warranty Statement is an integral part of the Terms and Conditions and can be found on our Website. Make sure you read and understand it before accepting the Terms and Conditions.
10.3 You may transfer our Manufacturer Warranty to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by showing the original proof of purchase. The transferred Warranty cannot extend beyond the period of your original Warranty of 24 months from the date of your delivery.
11.1 To end the contract with us, please let us know by doing one of the following:
Email customer services here. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 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 follow the instructions of our Return Policy, which can be found on the website. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
11.3 We will pay the costs of return:
(a) if the products are faulty or not as advertised; or
(b) if you are ending the contract because we have told you of an error in pricing or description, a 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;
The costs of collection will be the same as our charges for standard delivery.
11.4 If you have just changed your mind about the product pursuant to clause 9.3, we will refund you the price you paid for the products including delivery costs for sending the products to you, by the method you used for payment. We will not refund the costs of returning the Product to us. However, we may make deductions from the price, as described below:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not normally be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product through standard delivery at one cost but you choose to have the product express delivered at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
12.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the products;
(c)you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
12.2 If we end the contract in the situations set out in Clause 12.1, 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 the net costs we will incur as a result of your breaking the contract
13.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +31 20 788 4400 or write to us through the form on the website .
13.2 We are under a legal duty to supply products that are in conformity with this contract. See the summary on our website of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
13.3 If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services at +31 20 788 4400 or read our Return Policy for more details.
14.1 You acknowledge and agree that the Intellectual Property Rights concerning the Products, any services rendered and/or the Website, are held by us and/or our business partners, unless expressly indicated otherwise, by law and/or by agreement. Therefore you have the right to use the Intellectual Property Rights only insofar as we granted you permission to, and you shall refrain from using them (or having them used) in any other manner without our written permission and/or the written permission of our business Partners.
14.2 You will indemnify Fairphone and/or our business partners from and against any claim or action based on using the Intellectual Property Rights without permission.
15.1 Nothing in these Terms and Conditions will limit or exclude Fairphone’s liability for personal injury or death or any other liability which the law states may not be excluded or limited.
15.2 We will not be liable for any indirect damage or loss including but not limited to: a) loss of income, loss of business or business opportunity, loss of actual or anticipated profits or revenues, loss of goodwill or reputation b) loss due to any damage to and/or corruption or loss of data.
15.3 In no event shall direct damages exceed the contract price per Product.
16.1 You can visit our Website without submitting any information about yourself. Personal data is only collected if you voluntarily provide us with it, for example, while opening a customer account or registering for our newsletter.
17.1 We reserve the right to update the Website for maintenance or updates. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
17.2 We reserve the right, at our sole discretion, to change, modify, add, amend and remove any part of these Terms and Conditions from time to time. We will notify you of these changes with our communication platforms. However, it is your own responsibility to check the changes made.
18.1 €10 discount on your next purchase
When you sign up to receive the Fairphone newsletter, you will receive an email with a discount code for €10 off the cart value on your next order. The code can be redeemed in the webshop. The offer is limited to one per customer. Sharing this code on any public channels, including but not limited to, social media, forums or websites (personal or commercial) is prohibited. The discount cannot be used in conjunction with any other sales promotions or programs and is only valid on orders over €25.
18.2 Free delivery
This is a limited time offer and is valid on all orders from €475* from 19 March 2020 up to and including 30 April 2020.
For orders from €475* on the Fairphone webshop during the promotional period, delivery costs will not be charged. The discount will be visible once you checkout. This offer can be combined with other sales promotions or programs. This offer applies only to any order above €475*. For example a Fairphone 3 (€450**) paired with the modular earphones (€49.95**) will be eligible for free delivery.
*United Kingdom: £420 incl. VAT
*Norway: €380 excl. VAT
*Switzerland: €425 excl. VAT
* Sweden €500 incl. VAT
**Prices may vary depending on your selected region.
19.1 All contracts concluded with Fairphone shall be governed by Dutch law.
19.2 In the event of disputes, you may decide to come in contact with the European Alternative/ Online Dispute Resolution. The platform which is developed and operated by the European Commission, provides a non-judicial redress of any dispute between trader and consumer.
19.3 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 and conditions, including this section 18, affects your rights as a consumer to rely on mandatory provisions of local law.
20.1 We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
20.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except where you have transferred the manufacturer warranty to another person, within the limits of Article 10. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
20.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.