In these Terms and Conditions, the following definitions will be used.

 

Charges

means the charges of the Product and/or other possible services, including, but not limited to, purchase costs and delivery charges.

 

Consumer
a natural person or legal person, who ultimately uses the Product. For the purpose of the 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.

 

Force Majeure

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.

 

Product

means the Fairphone smartphones including its replaceable parts, spare parts, accessories and possible services as offered for sale by Fairphone.

 

Terms and Conditions

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 Van Diemenstraat 200, 1013 CP Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01

 

Webshop

means our on-line shop section where you can acquire information about our Products and purchase them: www.fairphone.com

 

Website

means our website : www.fairphone.com

 

You (“your”)

means the Consumer.

 

 

 

2.1 These Terms and Conditions 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 and Conditions are applicable at the time of your purchase.

2.3 The Fairphone smartphones are designed to be used in Europe. Before you purchase the Products, please make sure to read and understand its technical specifications as well as the applicable limitations.

3.1 The presentation of Products within the Webshop 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 the contract by 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 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.

3.4 If you are not of legal age or act on behalf of someone else, note that you need to have consent of a legal representative or the person in question. This is your responsibility.

3.5 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. Notwithstanding this right, you are not entitled to cancel your purchase for accessories for Products that are personalised or custom made such as 3D printed cases, amplifier and nightstands.

4.1 Our Products will be charged in Euro (€).

4.2 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.

4.3 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.

4.4 The payment of your purchase may be made by the following payment methods: Bank transfer, SOFORT banking, iDEAL, PayPal and Credit Card.

4.5 Your order only becomes final when we receive the full payment of the applicable Charges. Only final orders will be dispatched.

5.1 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.

5.2 The Products that we currently offer will only be delivered within the European continent and warranty related assistance can only be granted if requested from one of the following European continental 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.

5.3 In case of Force Majeure, Fairphone cannot be held responsible for any failure or delay in our performance.

 

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 binding applicable statutory rights.

7.2 The Warranty Statement is an integral part of the Terms and Conditions. Make sure you read and understand it before accepting the Terms and Conditions.

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.

10.2 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. For more information, please read our Privacy Policy.

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.

11.3 In case of changes, the Terms and Conditions applicable to you at the time of purchase will apply.

12.1 All contracts concluded with Fairphone shall be governed by Dutch law.

12.2 In the event of a  dispute, 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.

 

Should a Product be in short supply, Fairphone reserves the right to proportionately limit the said Product per consumer.

This allows for fair customer treatment in line with our wish to satisfy as many consumers as possible.

In light of the above, Fairphone thus has the right to cancel any purchase that does not comply with this policy.

 

Updated 16 November 2017.