Conditions générales de vente 2019
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.
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.
Scope of applicability
- 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.
- 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.
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 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.
3.2 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.
3.3 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.
3.4 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.
3.5 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.
4.1 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.
4.2 The final costs of delivery can be found on our Website on the check-out page before you confirm purchase.
4.3 Our Products will be charged in Euro (€).
4.4 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.
4.5 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.
4.6 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).
4.7 Your order only becomes final when we receive the full payment of the applicable Charges. Only final orders will be dispatched.
4.8 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.
5.1 Unless you have a different requirement, the delivery address entered at the shipping stage of your order will be used. You cannot change your delivery address or contact details for existing orders. For additional information, please refer to this support article on order statuses. 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.
5.2 During the order process we will indicate when we will deliver the products to you.
5.3 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.
5.4 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.
5.5 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.
6.1 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.
7.1 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.
7.2 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.
7.3 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.
8.1 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.
8.2 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.
9.1 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.
9.2 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.
9.3 In no event shall direct damages exceed the contract price per Product.
10.1 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.
11.1 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.
11.2 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.
12.1 All contracts concluded with Fairphone shall be governed by Dutch law.
12.2 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.
12.3 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
€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.
Modular Earphones Promotion
This promotion is valid on sales of the Fairphone 3 in the period from May 4th 2020 to June 1st 2020 (being the registration/redemption period from May 4th 2020 to June 15th 2020). An incomplete registration and a registration that arrives after 23:59 June 15th 2020 will not be taken.
For orders of Fairphone 3 on the Fairphone webshop during the promotional period, free modular earphones are included (only one free modular earphones per total order). The offer will be visible once you checkout. This offer can be combined with other sales promotions or programs.
14.1 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.
14.2 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.
14.3 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.
Updated 26 May 2019