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 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
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

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

Website
means our website : www.fairphone.com

You (“your”)
means the Consumer, who is above the age of 18, resides within the European continent, and satisfies the required conditions in these Terms.

2.1 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.

2.2 These Terms apply as of the time of the placement of Your order. In case of changes, the Terms and Conditions applicable to You at the time of purchase will apply.

2.3 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 We are Fairphone B.V, a Dutch limited liability company located at van Diemenstraat 200, 1013 CP in the Netherlands. Our Dutch Company Trade Registry number is 55901964. Our registered VAT number is 8519.04.270.B.01. Please note that we cannot accept product returns sent to this address, as our Service Centre is at a different location. If You are returning products, this should be in accordance with our Returns Policy. If You send any Product to Our office, We will send it back to You and reserve the right to ask You to reimburse any additional expenses suffered by Fairphone due to the error.

3.2 You can contact Us by telephoning our Customer Support team at +31 20 788 4400 or by filling out the form on our website found here.

3.3 We may contact You by telephone or by writing to You at the email address You provided to us in your order. When we use “writing” or “written” in these Terms, this includes emails.

4.1 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.

4.2 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.

4.3 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.

4.4 You may be eligible for a refund or replacement, depending on Your circumstance, if You have not received products for which You have paid for. In cases of orders which are confirmed as lost by Fairphone or a Fairphone Partner during shipment, You can contact Customer Support and a new order will be re-issued at Your request and You will be provided with a new device. Unless, the courier has managed to locate Your lost order within a fourteen (14) day period in which case Your order will be redirected and reshipped to Your address.

4.5 If You contact Us regarding a device failure, We reserve the right to evaluate whether a repair, replacement or refund is best suited to Your circumstance. Unless otherwise subject to national law requirements.

4.6 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.

4.7 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.

5.1 Products and Product packaging may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products, therefore your product may vary slightly from those images.

5.2 We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements.; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.

6.1 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 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. In case You face difficulties upon check-out with Your purchase owing to payment issues, feel free to contact Customer Support. However, please note that the issues regarding payment may be due to your credit or debit card provider and thus You may have to contact your respective payment provider to find an appropriate solution.

6.2 The final costs of delivery can be found on our Website on the check-out page before You confirm purchase.

6.3 Our Products will be charged in Euros (€) within the European Union and European Economic Area and Pound Sterling (£) within the United Kingdom.

6.4 All Charges are gross prices and include the current rate VAT depending on the shipping 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.

6.5 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.

6.6 The payment of your purchase may be made by the general payment methods, such as SOFORT banking, iDEAL, PayPal, Credit Card, payment in installments (Klarna). We also offer the following country specific payment methods: Cartes Bancaire (for France), Bancontact (for Belgium), Dankort (for Denmark), Swish (for Sweden) and Sofortüberweisung (for Austria, Switzerland, Germany, Belgium), Klarna (Germany).

Please note that if You utilise certain payment methods such as paying in installments or others, You may be subject to additional terms and conditions or be charged additional costs of the respective payment provider.

6.7 Your order only becomes final when we receive the full payment of the applicable Charges, unless You pay through installment payment or afterpay. Only final orders will be dispatched. Please note that, You will receive a payment confirmation when We receive full payment of Your order.

6.8 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 Customer Support promptly to let Us know.

7.1 Unless You have a different requirement, then the delivery address entered at the check-out for your order will be used. Once your order has been placed, You will be unable to change your delivery address or contact details. 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. If You need to change any contact or delivery details please contact Customer Support as soon as possible.

7.2 During the order process we will indicate when we will deliver the products to You. Please note that if your order contains multiple products, the delivery time of the item with the longest lead shall be the timeframe applicable for the delivery of the entire order. Fairphone is unable to split orders.

7.3 The Products that we currently offer will only be delivered to the continental European territories of the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark (excluding Greenland), 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). Please be advised that the geographical coverage of Fairphone Products is subject to change. Any changes will be communicated via Customer Support pages.

7.4 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.

7.5 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 12 and clause 13 will apply. For a full description of our delivery procedures, click here.

8.1 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.

9.1 You can end your contract with Us. Your rights when You end the contract will depend on what You have bought, whether there is anything wrong with it, how we are performing and when You decide to end the contract:
a. If You want to end the contract based on an obligation that Fairphone has failed to fulfill or uphold.
b. If what You have bought is faulty or not as advertised, You may have the legal right to end the contract (clause 13).
c. If You have changed your mind about the product within the fourteen (14) day Cool-off period.

9.2 If You are ending a contract for a reason set out below, the contract will end immediately, and we will refund You in full for any products which have not been provided and You may also be entitled to compensation. The reasons are:
(a) we have told You about an error in the price or description of the product You have ordered, and You do not wish to proceed;
(b) there is a risk that supply of products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify You, we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d) You have a legal right to end the contract because of an obligation that Fairphone has failed to fulfill or uphold.

9.3 For most products bought online You have a legal right to change your mind within 14 days and receive a refund (“Cool-off”). You are entitled to cancel your purchase within fourteen (14) days from the day the Product was delivered to You, without explanation and without any penalties. If your Products are split into several deliveries over different days, You have until 14 days after the day You receive the last delivery to change your mind about the products. Notwithstanding this right, You are not entitled to cancel your purchase of accessories for Products that are personalised or custom made. If You are exercising your right to change your mind, You are obligated to send back the product, without undue delay and in any event no later than 14 days from the day on which You have communicated your decision to withdraw from the contract. These rights are explained in more detail in the Return Policy.

9.4 We will make any refunds as soon as possible. If You are exercising your right to change Your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which You provide Us with evidence (e.g. a shipping receipt) that You have sent the product back to Us. We will refund You the price You paid for the products including delivery costs for sending the products to You, by the method You used for payment. For information about how to return a product read our Return Policy.

10.1 The Products are covered by a free of charge, two (2 ) year legal guarantee period from the point of delivery. This shall be without prejudice to any mandatory provisions of local law.

10.2 The Warranty is an integral part of the Terms and Conditions and can be found on our Website. You can find the warranty applicable to your product by clicking the relevant link: Fairphone 1; Fairphone 2; Fairphone 3; Fairphone 4. Make sure You read and understand it before accepting the Terms and Conditions.

10.3 You may transfer our 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 Product, 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.

11.1 The Fairphone 4 5G Smartphone will be covered by an Extended Warranty. The Extended Warranty does not cover the original or separate purchase of Battery, any Spare Parts and/or (in-box) Accessories. To benefit from this Extended Warranty, ensure that You register Your Product as per the conditions stipulated in the Extended Warranty.

11.2 The Extended 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. The Extended Warranty serves as an additional commercial warranty.

11.3 You may transfer our 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 Product, for example by showing the original proof of purchase. The transferred Warranty cannot extend beyond the period of Your original Warranty from the date of Your original delivery.

12.1 To end the contract with Us, please let Us know by doing one of the following:
(a) Email Customer Support here. Please provide your name, home address, details of the order and, where available, your phone number and email address.

12.2 If You end the contract for any reason after products have been dispatched to You or You have received them, You must return them to Us. Please follow the instructions of our Return Policy, which can be found on the website. If You are exercising your right to change your mind, You must send off the goods within 14 days of telling Customer Support You wish to end the contract and return the goods per Our instructions/Return policy.

12.3 We will cover the costs of return when our shipping label is utilised:
(a) if the products are faulty or not as advertised; or
(b) if You are ending the contract because we have told You of an error in pricing or description, a delay in delivery due to events outside our control or because You have a legal right to do so as a result of failure to fulfill or uphold Our obligations;
The costs of collection will be the same as our charges for standard delivery. We will cover the costs of collection if completed via Our Return Procedure.

12.4 If You have changed your mind about the product pursuant to clause 9.3, we will refund You the price You paid for the products including delivery costs for sending the products to You. However, we may make deductions from the price, as described below:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not normally be permitted in a shop. If we refund You the price paid before we are able to inspect the goods and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount.
(b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product through standard delivery at one cost but You choose to have the product express delivered at a higher cost, then we will only refund what You would have paid for the cheaper delivery option.

13.1 We may end the contract for a product at any time by writing to You if:
(a) You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to deliver the products;
(b) You do not, within a reasonable time, allow Us to deliver the products to You or collect them from Us.

13.2 If You do not make complete payment to Us for Your order within fourteen (14) days when due, Our system will automatically cancel your order.

13.3 If we end the contract in the situations set out in Clause 13.1 and 13.2, we will refund any money You have paid in advance for products we have not provided but we may deduct or charge You reasonable compensation for the net costs we will suffer as a result of your breaking the contract

14.1 If You have any questions or complaints about the product, please contact Us. You can write to Us through the form on the website.

14.2 We are under a legal duty to supply products that are in conformity with this contract. See the summary on our website of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

14.3 If You wish to exercise your legal rights to reject products during the cool-off period, please contact contact Customer Support for further information on how to post the product. We will pay the costs of postage or collection. Please read our Return Policy for more details.

15.1 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.

15.2 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.

16.1 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.

16.2 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.

16.3 In no event shall direct damages exceed the contract price per Product.

17.1 When visiting our Fairphone website, personal data is only collected if You voluntarily provide Us with it, for example, while opening a customer account, registering for our newsletter, subject to our Cookie and Privacy Policy.

17.2 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.

18.1 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.

18.2 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.

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

19.2 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.

19.3 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.

20.1 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.

20.2 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.

20.3 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.

20.4 In order to comply with the latest French regulatory requirements under the AGEC Law (Art. R 541-10-9), please find below:

• Unique Identification Number for Waste Electrical and Electronic Equipment (WEEE): FR023029_05LYST
• Unique Identification Number for Batteries: FR023024_06XI9O

 

Updated 16th February 2021