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 parts (“Spare Parts”) are covered by this Warranty for 24 months from the date of delivery to the original purchaser.

2.2 The Fairphone smartphone battery and the in-box earphones are also 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 (“Second Owner”) can benefit from In-Warranty repairs and replacements as long as he/she can demonstrate the device was registered for this Warranty by the Original owner and he/she can show the proof of purchase we or one of Our authorized partners issued to You („Transferred Warranty“). For clarity, Fairphone does not refund second-hand or donated Fairphone devices unless the Second Owner can demonstrate the price paid for the device by them through their proof of purchase. The transferred Warranty cannot extend beyond the period of Your original Warranty from the date of Your delivery.

3.1 Fairphone’s Warranty service is provided to customers located in continental European territories of: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France Métropolitaine (excluding oversea territories), Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands (excluding Bonaire, Saba and St. Eustatius), Norway, Poland, Portugal (excluding Azores and Madeira), Romania, San Marino, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta and Melilla), Sweden, Switzerland, United Kingdom (excluding the Channel islands).

3.2 Please be advised that the geographical coverage of Fairphone and the subsequent Warranty service may be subject to expansion. Any changes will be communicated here.

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 directly from Us or from a professional reseller. In case You have doubts whether You are purchasing a Fairphone original product, please contact Our Customer Support who will be able to provide You with information regarding Our authorised Partners.

4.2 The Fairphone Warranty does not cover the following:

4.2.1 Damage that is the result of Normal wear and tear of the Product. For instance, this covers battery deterioration, coatings and other consumables, unless failure has occurred due to a defect in design, materials or workmanship;

4.2.2 Damage that is the result of usage of the Product other than its normal and customary manner which conforms with the Fairphone user manual, the technical specifications and other published guidelines regarding the Product;

4.2.3 Cosmetic damages, including but not limited to dents or scratches in decorative, structural, or non-operative parts resulting from Normal Customer Use;

4.2.4 Failure of the display in the case of a malfunction of up to 8 pixels per million pixels, as well as burns on the screen due to continuous action of still images;

4.2.5 Damage that is the result of 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;

4.2.6 Damage caused when transporting the Product from You back to Us;

4.2.7 Damage that is the result of abuse, vandalism, accident, misuse, improper storage, lack of adequate ventilation, blown fuse, improper use of any electrical source, exposure to liquid, moisture or dampness, or prolonged exposure to heat or cold. Accidental damage is understood as any deterioration or destruction of the Product, which prevents it from working properly and which is the result of an external, sudden and unforeseeable cause;

4.2.8 Damage that is the result of external causes such as from collision, fire, flooding, sand, dirt, windstorm, lightening, earthquake, tsunamis, volcanic eruptions, epidemics, pandemics, quarantine, atypical cyclonic storm, falls of sidereal bodies and aeroliths, as well as any other natural catastrophe;

4.2.9 Damage due to the effects produced by nuclear reaction, nuclear weapons, or any source of radioactivity, biological or chemical. Damage as a result of pressure waves caused by airplanes traveling at supersonic or sonic speeds. Damage as a result of electromagnetic waves, whether caused by man or by natural phenomena;

4.2.10 Damage that is the result of the defective function of cellular system or inadequate signal reception by the external antenna, except if this is due to a manufacturing defect.

4.2.11 Damage that is the result of computer or internet viruses, bugs, worm, Trojan Horses, cancelbots introduced into the Product;

4.2.12 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 makes it impossible to go back to the official Software version provided by Fairphone;

4.2.13 Damage that is the result of improper testing, operation, maintenance, installation, or any alteration or modification of the Product;

4.2.14 Damage that is the result of Service performed by anyone who is not a Fairphone representative or an authorized Fairphone service provider;

4.2.15 Products, which public authorities inform Us have been stolen or which we report as stolen.

4.2.16 Product for which You cannot disable security measures designed to prevent unauthorized access, and for which You cannot demonstrate You are the authorized user of the Product.

4.2.17 Damage due to Your participation in an act of terrorism, war (declared or not), riots, popular movements or movements of a similar nature, as well as Your conscious non-observance of official prohibitions.

4.2.18 Claims that derive directly or indirectly from fraud, negligence, gross negligence or recklessness by the End User;

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 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 on Our Legal Hub.

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. Warranty service will be limited to the options available in the country where warranty service is requested. Service options, parts availability and response times may vary according to country.

6.2 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:

6.2.1 When attempting to diagnose or repair Your Product, You should 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. Fairphone disclaims any representation and/or warranty that we will be able to repair or replace Your Product under this warranty without risk of and/or loss to information and/or data stored on Your Product.

6.2.2 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 charged to You when obtaining the downloads.

6.2.3 If Your Product is operating on a third party operating system, please contact the third party software provider for any queries. If You are operating the Product with a third party operating system 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.

6.2.4 Review Fairphone’s online Customer Support for troubleshooting information. If Fairphone troubleshooting advises You to self-repair a Fairphone smartphone by changing a Spare Part, keep in mind the following:

6.2.4.1 Sometimes a Spare Part may not function properly due to other causes like software issues. Thus, changing the Spare Part might not solve Your problem. In case of doubt, please contact Fairphone Customer Support

6.2.4.2 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:

6.2.4.2.1 Ensure that Fairphone Customer Support or the Fairphone troubleshooting tool have advised You to self-repair Your Fairphone Smartphone device. In case this self repair advice comes as a result of a failure covered by this Warranty, make sure to report it to the Fairphone Customer Support, so that You can be provided with said Spare Part(s) free of charge;

6.2.4.2.2 Carefully review and follow the specific instructions on the Customer Support page. These instructions serve as formative documents meant to guide You through the process of opening up Your Fairphone smartphone device for repair;

6.2.4.2.3 Use the correct tools when taking out or installing Spare Parts. If You take out and install the Spare Part of Your Product without the correct tool, this will likely cause damage not covered by this Warranty. For the recommended tools please visit Our website for more information.

6.2.4.2.4 The Spare Parts are not made to open or take apart. The Fairphone smartphone is a device that can be repaired by replacing spare parts. However opening and/or taking apart the replaceable parts themselves may cause damage and is not covered by this Warranty.

6.2.5 If Your Product is still not functioning properly following the software update and the troubleshooting on the support website, You can choose to return Your Product to the trader from whom You purchased it, contact our Customer Support team directly through this form), or visit Our Legal Hub to get further information regarding the Fairphone Return Policy.

6.2.6 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 IMEI 1 and/or the serial number on the product have been altered, defaced or removed.

6.2.7 Before You send Your Fairphone product in for repair, you should make a separate back-up of any material stored (including personal data) on the Product, to delete any personal data, to disable any security passwords, and remove any removable memory storage and SIM cards. Fairphone will destroy any remaining material from the Product upon receipt.

6.2.8 Fairphone does not provide a replacement phone to End-Users for the duration of the repair.

6.2.9 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. You may also request Fairphone to recycle Your device free of charge if You do not wish to have the product returned.

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. If the Product cannot be repaired, it may be replaced by a Product with the same, similar or with equivalent features, as the case may be.

7.2 Fairphone will cover all costs associated with in-warranty repair and replacement of Product, including postage using the cheapest delivery method, Our own labour costs, and Our own material costs within the countries of the European Economic Area, Norway, Switzerland and the United Kingdom, excluding any overseas For the most up-to-date list of service countries, check here.

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 Our Legal Hub shall apply and You will be charged accordingly. All warranty information, pricing, product features and specifications are subject to change.

7.6 In support of Our mission we may use refurbished spare parts in case we repair Your defective Product. We ensure that the appearance and the performance of the refurbished spare part are in good working condition. In the case of repair, the defective part of Your device will be at Our disposal and will become Fairphone property. If You decide to self-repair the defective Product, we encourage You to recycle the defective parts locally. Please check with Your local municipality to participate in the recycling of materials and components, when the option to do so is available in Your area.

 

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. Fairphone reserves the right to deduct a reasonable sum in connection with the period of use that the consumer had of the goods when determining the cash value of the product.

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.