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

Form means the questionnaire on the Website.

Recycling Gift Card means the Fairphone gift card account code received by the Participant following the successful receipt of the Product and positive valuation by the Recycling Partner.

Initial Valuation means the first valuation Fairphone provides to the Participant based on the application form completed by the Participant on the website

Recycling Value means the value of the Product based on its technical specifications and its physical condition minus the administration costs of the Reuse & Recycle Program.

Revised Valuation means a revision of the Initial Valuation due to any inaccurate or incorrect descriptions of the Product.

Participant means any natural person living within the European continental territories of the EEA (excluding Malta, Cyprus, Switzerland, UK and Norway), and above the age of 18, who is the sole owner of the Product and who is legally capable of entering into a binding contract with us.

Product means the smartphone 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.

Reuse & Recycle Program Terms means these Terms and Conditions, including updates, alterations and possible appendices, published on the Fairphone website.

Reuse & Recycle Program is the application form and processes with which Fairphone offers to buy from an end user smartphone devices. If the offer is accepted, Fairphone collaborates with a Recycling Partner to reuse or recycle the received smartphone at a predetermined price agreed in a Quotation by You.

Shipping Label means the label that the Participant downloads via a hyperlink in an email 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 van Diemenstraat 200 1013CP 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, as updated from time to time: https://recycle.fairphone.com/

You means the Participant or the user of the Recycling Gift Card, as applicable.

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 here.

2.1 The Fairphone Reuse & Recycle Program allows a Participant to recycle their used mobile phone device and in return the Participant receives:

• a Fairphone Recycling Gift Card.

To clarify, this section does not apply to Products which are valued at zero euro (€0).

2.2 The Reuse & Recycle Program for complete smartphone devices does not apply to separate spare parts and/or accessories (ie. Chargers). If You send Us spare parts and/or accessories, the sent items will not receive any valuation and We will not return them to You. These spare parts and/or accessories will be recycled or disposed of.

2.3 The Participant shall represent and warrant:

• that there are no liens, encumbrances or security interests attached to the Product;
• that the Product is not counterfeit, stolen or fraudulent;
• that the Participant is not infringing on the intellectual property rights of a third party;
• that the Participant has filled in the form truthfully.

2.4 Product dealers, retailers, resellers and distributors are excluded from the Reuse & Recycle Program, unless Fairphone has agreed to make an exception in writing.

2.5 A Participant may send in up to three (3) Products. The Participant will receive a Recycling Gift Card equal to the Recycling value which is established by Us and Our Recycling Partner. Please note, the Participant can only register one (1) gift card per purchase in the Webshop.

2.6 By submitting the Form on the Website:

a. You accept and agree that You are bound by the Reuse & Recycle Program Terms; and

b. You acknowledge that You have read and understood the information concerning the Fairphone Privacy Policy and Cookie Policy.

c. You must live within the European continental territories of the EEA (excluding Malta, Cyprus, Switzerland, UK and Norway), and have a valid proof of identification (e.g. passport or ID-card).

2.7 By purchasing or attempting to purchase a Fairphone product:

a. You accept and agree that You are bound by the Fairphone Terms and Conditions of Sale as made available on our website; and

b. You acknowledge that You have read and understood the information concerning the Fairphone Terms and Conditions of Sale.

3.1 We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions and We make no representations, warranties or guarantees, whether express or implied, that the content on Our website is accurate, complete or up-to-date.

3.2 The Website is available to You free of charge. However, We do not guarantee that the Website, or any of its content, will always be available or uninterrupted. We may choose to suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to You if for any reason the Website is unavailable at any time or for any period of time.

3.3 In accordance with the Fairphone Terms of Use Policy, You are responsible for making all arrangements necessary for You to have access to the Website. You are responsible for configuring Your information technology, computer programmes, hardware devices and platform in order to access the Website. You should use Your own virus protection software. We do not guarantee that the Website will be secure or free from bugs or viruses.

3.4 In accordance with the Fairphone Terms of Use Policy, You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious and/or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You may commit a criminal offence.

3.5 The content on Our Website is provided for general information only and is therefore not intended to amount to professional or specialist advice.

3.6 Where the Website provides links to third party sites and resources, these links are provided for Your information only. Fairphone has no control over the contents of those sites or resources.

4.1 To participate in the Reuse & Recycle Program You must fill out the Form on the Website. If You have any question regarding the condition of the Product and/or filling out the form You are advised to contact us at: recycle@fairphone.com

4.2 It is Your sole responsibility to ensure the accuracy and correctness of the information provided in the Form.

4.2 You warrant that You will accurately and correctly describe the condition of the Product in the Form, so that We can provide You with an initial quotation (Initial Valuation). The Initial Valuation will not be final until We have inspected your Product. Any inaccurate or incorrect descriptions of the Product may lead to a revision of the Initial Valuation (Revised Valuation).

4.3 Upon receipt of the Product, the Recycling Partner will inspect the Product to see if the description of the model and/or condition of the Product provided in the Form matches the Product. If the Product is different from the model and/or condition in the Form, the Initial Valuation will be adjusted accordingly.

4.4 Fairphone will contact You via the email address specified by You to confirm this Revised Valuation. You will have to confirm this Revised Valuation within 7 working days from being sent by Us. If You do not respond to the Revised Valuation within a calendar year (366 days), We will be unable to make a payment to You equal to the value of the Revised Valuation and will dismantle and recycle Your device. We will send you at least 3 reminders via Your provided email address. Please note that We cannot return Products to You after these 7 working days. You can choose to decline the Revised Valuation, in which case You may ask Us to return the Product. If We cannot send back the Product, We will make a payment equal to the Initial Valuation to You.

4.5 We must be in receipt of Your Product within 30 days of sending You the Initial Offer. If We receive the Product after these 30 days, We will either maintain the Initial Offer or adjust the offer to reflect the current price for the Product, whichever is lower.

4.6 Fairphone will not make any payments, if We determine a Product:

(i) has been reported lost, blocked or stolen, or

(ii) is determined to be counterfeit, or

(iii) is believed to be derived from Prepay Box Breaking.

A Product will be deemed counterfeit if it was manufactured to resemble products made by another company in breach of the intellectual property rights of that original manufacturer. Fairphone will not return Products that fall under this section. We reserve the right to inform the relevant authorities if there is any suspicion of fraud. We also reserve the right to reclaim any money paid to You if it is discovered within three (3) months of the payment that the Product has been reported lost, blocked or stolen or the product is discovered to be counterfeit.

5.1 Nothing on the Website constitutes an offer by Fairphone to sell or purchase any Product. Sending Products to Us based on the Initial Valuation shall constitute an offer by You to sell the Product in return for the Initial Valuation (“Your Offer”). The contract will be formed either, when:

a. We accept Your Offer, by paying to You a sum equal to the Initial Valuation

b. You accept the Revised Valuation and We make a payment to You of a sum equal to the Revised Valuation

5.2 Title of the Product shall pass to Fairphone upon completion of the payment to You for the Product. Upon completion of the payment You disclaim any further right, title or interest in the Product. The risk in the Product shall pass to Fairphone once the Product is in transit from You to Fairphone via Fairphone’s carrier. You shall ensure that the Product is packaged in such a manner that it is protected against physical damage. Fairphone’s liability for all direct losses, arising in connection with the loss or damage to a Product whilst in transit, shall in no circumstances exceed thirty euro (€30) per package

6.1 To receive a Shipping label, You need to provide Your full name, date of birth, valid email address, postal address, telephone number, ID number, and account number for legal compliance purposes. On the form, We will also request the following device information: IMEI of the Product, internal memory storage (ie. 8GB, 16BG, 32 GB) of the Product, functionality of the device, any cosmetic defect and the status of the localisation service. Fairphone is not responsible for the accuracy of this data.

6.2 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. Where the exclusion of clause 2.3 applies, You will be redirected to recommendations for local recycling options available to You via our Website.

6.3 The Participant can send up to a maximum of three (3) devices per Shipping label ( or per package). There is no limit to the amount of times the Participant can repeat this process.

6.4 The Participant shall follow the instructions for packaging as provided by Fairphone.

6.5 Once the Product has been received and the quotation has been confirmed by the Recycling Partner and by You, the Product cannot be returned to the Participant. Participation in this program constitutes a relinquishment of all rights to the Product sent for recycling.

7.1 Fairphone initiates payments to You by providing a discount for a future purchase through a Recycling Gift Card. All payments are in Euro (€) and excluding Value Added Tax (VAT). Please make sure to double check the accuracy of Your personal data prior to submitting the Form.

7.2 The customer receives a unique Recycling Gift Card, which is only redeemable in the Fairphone webshop. The Recycling Gift Card is sent to the customer once a contract pursuant to clause 6 is formed. The Recycling Gift Card is sent to the email address provided by the Client. It is the customers responsibility to correctly register their email addresses. Fairphone does not resend the Recycling Gift Card. The Recycling Gift Card can be redeemed in separate payments. However, in no case may it be exchanged for the monetary value of the Recycling Gift Card.

7.3 When purchasing a product with the Recycling Gift Card, 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 that You exercise this right, You will be reimbursed the monetary value of the Fairphone Product reduced by the value of Recycling Gift Card. You wil also receive a new Gift Card. Please note that shipment costs are paid separately and are not covered by the Recycling Gift Card.

8.1 Any personal details provided in connection with the Reuse & Recycle Program will be processed in accordance with our Privacy Policy. It is important that You carefully read and understand this information.

8.2 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.

8.3 You agree that You have the sole responsibility to make and keep a separate backup copy of any personal files and data, whether personal details, SMS, photos, games, songs or other data (“Data”) before sending Your Product to Us. You shall have the sole responsibility for ensuring You take all reasonable steps to eliminate and delete Data that is deemed personal or confidential. It is Your responsibility remove or delete any personal data by:

• Removing any removable media, such the SIM card and any memory card before sending the mobile phone to Us;
• removing all Data;
• resetting the mobile phone to factory settings.

8.4 If You fail to remove the data from the Product, You agree to release Fairphone from all claims, losses or damages with respect to the mobile phone, Data, SIM or memory card arising before or after receipt of the Product. Fairphone accepts no responsibility in relation to the loss, security, protection, confidentiality or use of such Data, SIM or memory card.

8.5 Where a Product is received by Our Recycling Partner which, when the Product is turned on, appears not to have been reset to factory settings and Data is immediately obvious from the screen, then You hereby authorize Fairphone or its Recycling Partner to take all reasonable actions to wipe or remove any stored Data on Product by resetting the mobile phone to its factory settings. Fairphone and its Recycling Partner shall have no further obligations in respect of wiping or removing the Data. Fairphone and its Recycling Partner do not warrant or guarantee that the factory reset of the Product will permanently delete any Data.

8.6 You will not be able to obtain or retrieve any Data or other content left on the Product, SIM or memory card, once it has been sent to Our Recycling Partner. Any SIMs or memory cards received by Fairphone or Our recycling Partner are non-returnable and shall be disposed of upon receipt;

8.7 Our carrier will delete Your personal data as soon as it may no longer be retained pursuant to its storage guidelines and/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.

9.1 Fairphone reserves the right to terminate the Reuse & Recycle Program or a person’s ability to participate at any time, for any reason and without notice.

9.2 Fairphone reserves the right to cancel the Recycling Gift Card 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 Reuse & Recycle Program Terms.

10.1 To the extent permitted by law, Fairphone accepts no liability to any person or institutions for any services offered in connection with the Reuse & Recycle Program in these Reuse & Recycle Program Terms and especially disclaims liability for lost profits, loss of business or other consequential, special, indirect or punitive damages.

10.2 Without prejudice to the conditions of these Reuse & Recycle Program Terms, Fairphone’s liability towards You is limited to the amount of the Gift Card code.

10.3 Nothing in these Reuse & Recycle Program Terms serves to exclude or limit liability for:

• death or personal injury due to negligence;
• deliberate deception or fraud;
• any other form of liability that cannot legally be excluded or limited.

10.4 The Fairphone Reuse & Recycle Program is provided for lawful purposes only. Therefore, You agree to indemnify us for any claim brought against Us for performing Our obligations under this Contract on Your behalf or for any breach of these Reuse & Recycle Program Terms by You.

10.5 If a Force Majeure event affects the performance of Our obligations under this Reuse & Recycle Program, We will contact You as soon as possible to inform You and Our obligations will be suspended for the duration of the Force Majeure event. A Force Majeure event means any act or event beyond Fairphone’s reasonable control, including but not limited to riots, wars, pandemics, epidemics or natural disasters. The Participant may cancel a Contract affected by the Force Majeure event, which has continued for more than thirty (30) days by contacting us at recycle@fairphone.com. Upon cancellation, the Participant will return any monies received and Fairphone will return the Products. If the return of Products is not possible the Participant will be refunded pursuant to clause 4.4.

11.1 In the event that any provision of these Reuse & Recycle Program Terms is declared invalid, illegal or unenforceable, the remaining provisions of these Reuse & Recycle Program Terms shall remain in full force and effect. In such a 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.

11.2 Fairphone may transfer its rights and obligations under this Contract to another organisation, but this will not affect Your rights or Our obligations under the Reuse & Recycle Program Terms. You may only transfer Your rights and Your obligation to another person if Fairphone agrees to this in writing. The Contract is between You and Fairphone, therefore no other person shall have any right to enforce its terms.

12.1 Fairphone reserves the right to amend these Reuse & Recycle Program Terms by publishing an amended version on the Fairphone website at any time.

12.2 You are free to decide whether or not to accept a revised version of these Reuse & Recycle Program Terms. If You do not agree to any revised version of these Reuse & Recycle Program Terms, Your sole recourse is to stop Your participation in the Reuse & Recycle Program

12.3 Except as otherwise expressly stated by Us, participation in the Reuse & Recycle Program is subject to, and constitutes Your acceptance of, the version of these Reuse & Recycle Program Terms in effect at the time of Your participation in the Reuse & Recycle Program.

13.1 All contracts concluded with Fairphone shall be governed by Dutch law. Nothing in these terms and conditions, including this section 13, affects Your rights as a consumer to rely on mandatory provisions of local law.

13.2 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.

Once again we want to thank you for your commitment to reducing e-waste and for taking the time to be part of our program!

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