Garantía Fairphone 3
We, Fairphone, a Dutch limited liability company located at Pakhuis Amsterdam 3rd floor at Jollemanhof 17, 1019 GW, Amsterdam, The Netherlands, registered with the Trade Registry number 55901964 warrants you, consumer of the Fairphone 3 including its replaceable modules (“modules”) and spare parts (including accessories), against manufacturing defects in design, material and workmanship and lack of conformity to the terms of sale, when used in accordance with the Fairphone User Manual, technical specifications and other published instructions.
1.1 This warranty statement gives You specific rights, and You may have other rights under the consumer law of your country. The Fairphone Warranty (“Warranty”) does not replace, restrict, limit or otherwise affect your rights under local consumer law or the free of charge, 2-year legal guarantee for all goods provided by Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees, as amended and supplemented from time to time.
1.2 You can always contact the European Consumer Centre in the country of purchase, or where applicable, the country of residence to obtain detailed information on your rights. For a summary of your rights under EU consumer law visit https://www.fairphone.com/en/legal/
2.1 The Fairphone smartphone device, the separately bought Fairphone accessories and replaceable smartphone modules (“Modules”) are covered by this Warranty for 24 months from the date of delivery to the original purchaser.
2.2 The Fairphone smartphone battery is covered by this Warranty for 24 months from the date of purchase by the original Purchaser.
2.3 In case You sell or donate your Product to someone else, this person can benefit from the Warranty as long as 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 of 24 months from the date of Your delivery.
3.1 The Warranty is valid if a Product is purchased within the European territories of the European Economic Area, United Kingdom and Switzerland. This means that Fairphone does not provide warranty service in the overseas territories of European Economic Area members, Norway and Switzerland or in other third countries. Please note, we currently do not ship to Croatia and Iceland.
4.1 The Warranty only applies to Fairphone original products. The easiest way to make sure that you are purchasing a Fairphone original product is to either buy it from us or from one of the authorized partners that we list on our website. In case you have doubts whether you are purchasing a Fairphone original product, please contact us before buying.
4.2 The Fairphone Warranty does not cover damage resulting from:
a. Normal wear and tear of the Product. For instance, this covers battery deterioration, coatings and other consumables;
b. Usage of Product other than its normal and customary manner conform the Fairphone user manual, the technical specifications and other published guidelines regarding the Product;
c. Cosmetic damages, including but not limited to dents or scratches in decorative, structural, or non-operative parts resulting from normal customer use;
d. Use with non-Fairphone products, which includes the use of a third-party module or battery in a Fairphone smartphone device, except non-Fairphone chargers which meet the provided technical requirements.
e. Abuse, accident, misuse, improper storage, exposure to liquid, moisture or dampness resulting in corrosion or rust;
f. External causes such as from collision, fire, flooding, sand, dirt, windstorm, lightening, earthquake, theft, blown fuse, or improper use of any electrical source;
g. The defective function of cellular system or inadequate signal reception by the external antenna, except if this is due to a manufacturing defect
h. Computer or internet viruses, bugs, worm, Trojan Horses, cancelbots introduced into the Product;
i. Damage caused by the installation of a Third Party Operating System. An example of such damage would be if you modify some Android partitions when you flash a Third Party Operating System, which make it impossible to go back to the official Software version provided by Fairphone.
j. Improper testing, operation, maintenance, installation, or any alteration or modification of the Product;
k. Service performed by anyone who is not a Fairphone representative or an authorized Fairphone service provider;
l. Product for which Fairphone receives information from public authorities that the Product has been stolen or if you cannot disable security measures designed to prevent unauthorized access, and you cannot demonstrate you are the authorized user of the Product.
4.3 The warranty will be void in any of the following events:
a. Any term contained in this Warranty has been altered or modified in any way without 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;
b. Fairphone has not been notified by You of the alleged defect or malfunction of the product during the applicable warranty period.
5.1 Fairphone does not warrant that software preinstalled by or on behalf of Fairphone on the Product (or subsequent updates and upgrades) will meet your requirements, work in combination with any hardware or software not provided by Fairphone, will operate uninterrupted or error-free, or that Fairphone will correct all software errors.
5.2 This Warranty does not cover software that is owned by Fairphone or third parties for which an end-user license agreement or separate warranty statement or exclusions are provided. Consult the End User License Agreement on your rights regarding the use of software, you can find this on your Fairphone smartphone device or online on https://www.fairphone.com/en/legal/.
6.1 You can 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. 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, make a separate backup of any material stored on the Product such as software, applications, and other data, including contacts, photos, and music, which may be erased during the repair process and cannot be reinstalled by Fairphone and Fairphone shall have no liability therefore.
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 incurred when obtaining the downloads.
If You are running a different operating system on your Product and want your Product to be covered by this Warranty, we will require You to revert back to the software embedded in the Product at purchase. 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 website at www.fairphone.com/support for troubleshooting information. If Fairphone troubleshooting advises You to self-repair a Fairphone smartphone by changing a Module, keep in mind the following:
Sometimes a module may not function properly due to other causes like software issues. Thus, changing the Module might not solve your problem. In case of doubt, please contact Fairphone customer support.
Although the Fairphone smartphone device is designed for self-repair, it requires careful handling to perform a repair as intended. To ensure safe handling of your Product, we advise You to consider the following:
Ensure that Fairphone customer support or the Fairphone troubleshooting tool advised self-repair of the Fairphone Smartphone device.
Carefully review and follow the specific instructions on the support page. These instructions serve as formative documents meant to guide You through the process of opening up your Fairphone smartphone device for repair.
Use the screwdriver provided with the Fairphone smartphone device when taking out or installing a Module. If You take out and install the Module of your Product without the right tool, this will likely cause damage not covered by this Warranty.
The Modules are not made to open or take apart. The Fairphone smartphone is a device that can be repaired by replacing Modules. However opening and/or taking apart the replaceable Modules themselves may cause damage and is not covered by this Warranty.
If your Product is still not functioning properly following the software update and the troubleshooting on the support website, please return your Product to the trader from whom you purchased it, contact our customer support team directly through this form, or visit https://www.fairphone.com/en/legal/ to get further information regarding the Fairphone return policy.
To the extent permitted by law, this warranty is only valid if the proof of purchase for the Product (as issued by 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. This warranty shall not apply if the serial number on the product has been altered, defaced or removed.
Before you send your Fairphone product in for repair, you are advised to make a separate back-up of any material stored on the Product, to delete any personal data, to disable any security passwords, and remove any removable memory storage. Fairphone will remove any remaining material from the Product upon receipt.
If you send your Product for repair and the Product is not covered by this Warranty or any other consumer rights, Fairphone will inform you of the availability, price, and other conditions applicable to such out-of-warranty repair of the Product. 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.
7.1 If malfunction or defects occur during the Warranty Period, Fairphone will repair, replace or refund (totally or partially) at its sole option, any parts of the Product that are defective or malfunctioning during normal usage.
7.2 Fairphone will cover all costs associated with in-warranty repair and replacement of Product, including postage, labour, and material within the countries of the European Economic Area, United Kingdom and Switzerland, excluding any overseas territories.
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 will return the Product or a replacement product to you with the same configuration as your original purchase plus any relevant updates. In this case, 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 https://www.fairphone.com/en/legal/ shall apply and you will be charged accordingly. All warranty information, pricing, product features and specifications are subject to change.
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 that which 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. This cash value is determined by the price paid by the purchaser for the Product less a reasonable amount of usage.
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.
- Garantía Fairphone 3