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

 

As-A-Service Agreement  or Agreement 

means any agreement between Fairphone and the End User including these Terms for the use of a Fairphone smartphone and the service of Fairphone Easy . 

 

Charges 

means the charges relating to the Service and/or Product, including, but not limited to, subscription costs and additional charges e.g. late payment fees. 

 

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 the As-A-Service by Fairphone.

 

End User 

a natural person, who ultimately uses Fairphone Easy  and has a subscription agreement with Fairphone. 

 

Service

means Fairphone Easy provided by Fairphone.

 

Subscription

means the package duration for the use of Fairphone Easy  and the Products. 

 

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

 

Website 

means our website : www.fairphone.com

 

You (“your”) 

means the End-User, who is above the age of 18,  permanently resides within the Netherlands for the full duration of the Subscription, and satisfies the required conditions in these Terms.  

2.1 Fairphone Easy  is subject to a trial and evaluation period of a minimum of twelve (12) months (“Pilot”). The Pilot will be solely available to You if You are residing in the Netherlands for the full duration of the Subscription. 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 directly with Fairphone. In the event of any variation of meanings owed to translations, the English version shall remain decisive.  

2.2 These Terms apply as of the time of the conclusion of Your Subscription for Fairphone Easy . In case of changes, the Terms applicable to You at the time of subscription to Fairphone Easy  will apply.

2.3 Please read these Terms carefully before You submit your subscription request to Us. These Terms 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 Customer Support via this form.

3.1 Before entering into this As-a-ServiceAgreement, You will have at Your disposal an offer containing a clear, detailed description of the offered Fairphone device as well as the rights and obligations associated with acceptance of the offer. Should You have any questions, You may contact Customer Support. 

3.2 You must select the options to which You choose to subscribe as follows;

• Device selection
• Accessories selection
• Subscription price and duration – The monthly subscription price rate will be displayed alongside the duration period. The one time deposit fee of ninety (90) euros will also be displayed.

Once You have selected from the above and submitted Your order,  this constitutes a binding offer to conclude a As-a-Service Agreement.   

3.3  Once You have selected your Subscription as per clause 3.2, Fairphone, in line with national law requirements, reserves the right to ensure You are able to meet your payment obligations. Fairphone also requires  a credit check through Focum. We are entitled to revoke any offer, request or order if you fail to meet the requirements of the verification process e.g. should You not be in possession of a valid identity document or a valid bank card. If Your offer, request or order is rejected for failure to meet this obligation, Fairphone will try to help You to resolve the problem but due to privacy reasons this may not be possible. You have the right to check why You were rejected for failure to meet the obligations in this section 3.3 here. 

3.4  Where images are presented of the Product on the Fairphone webshop, they do not constitute a binding offer to conclude an As-a-Service agreement. Fairphone makes no guarantee that the color displayed of the Product will match the true color of the Product.

4.1 The As-a-Service Agreement is concluded only at the moment You accept the offer and have successfully complied with all obligations associated with the conclusion of the agreement.  

4.2  Once You have submitted Your order, You are deemed to have agreed to these Terms. 

4.3  You will have the right to terminate the As-a-Service Agreement during the 14-day cool-off period without having to provide any reasons. You can request a Cool-off here.

4.4  Any subsequent changes or additional agreements following the conclusion of the As-a-Service Agreement are only binding if this has been confirmed in writing by an official representative of Fairphone e.g. direct confirmation from a Fairphone Customer Support representative. 

4.5 Upon conclusion of the As-a-Service Agreement, You can expect to receive access to the following;

• Fairphone 4 5G device (256GB, 8GB RAM).
• A back cover protector in the color of Your choice. You are entitled to a maximum of one (1) replacement back cover protector per calendar year. 
• Standard screen protector with blue light filter. You are entitled to a maximum of two (2) replacement screen protectors per calendar year. 
• USB-C cable if You have chosen to opt-in to payment of the cash price.

4.6  Fairphone requires payment of the Subscription and a one-time fee of ninety (90) euros as a deposit upon Your order.  The deposit will be returned to You within 14  days after you have returned the device to Us upon termination. The deposit will be returned to the same account unless You tell us otherwise. Should You fail to update Your bank account details in a timely manner, this may lead to delays in receiving your deposit.  Fairphone reserves the right to deduct an amount of the deposit to resolve any outstanding payments. 

4.7  To prevent damage, You are required to use the back cover protector and the standard screen protector during the term of the As-a-Service Agreement on Your Fairphone device. 

4.8 To prevent access to personal information, You are required to use a personal security code on Your Fairphone device during the term of the As-a-Service Agreement.

4.9 During  the Subscription period, You may upgrade Your Fairphone device (“Upgrade”), if a new device is launched. Please note that an Upgrade will be subject to an additional premium.

5.1 You are obliged to use Your Fairphone device in a normal and customary manner which conforms with the Fairphone user manual, the technical specifications and other published guidelines regarding the Product.  If You choose to operate the Fairphone device with a third party operating system and want the Fairphone device to be covered by the support offered under these Terms, We will require You to revert back to the standard software embedded in the Product. If the Third Party Operating System is not 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.

5.2  Your As-a-Service Agreement provides You with the right to use Your device for the duration of Your Subscription. The device remains property of Fairphone for the entire duration of the As-a-Service Agreement. You have no right, interest nor claim over the device except as an End-User, nor can you pledge the device to third parties.

5.3 You are responsible for notifying Fairphone of changes in Your personal details which are relevant for Your As-a-Service Agreement, as soon as they occur, such as; email address changes, address changes, bank account number changes etc. This can be done via Your Self Service portal. 

5.4  To allow for both the device and its components to be re-used with multiple consumers and limit e-waste, ensure circularity and preserve the life of the device for as long as possible, You are prohibited from the following;

• Making permanent changes to the device. 
• Engaging a third party to repair the device. 
• Engaging in self repair unless advised by Fairphone.

You may be subject to a damage fee depending on the state of the device when returned to Us. 

5.5  In case the device is stolen or lost, You must;

• Notify Fairphone immediately here.
• Pay a damage fee of €150 if you have reported the device as stolen or lost within 72 hours and share the police report with Us.
• Should You fail to report the device as stolen or lost to the police within 72 hours and provide a police report, You must pay a damage fee of the cashback value of the device.

6.1  Under the As-a-Service Agreement, You have the right to swap Your device in case You have a problem concerning Your device which needs to be resolved by repair or replacement. Fairphone aims to provide a 48 hour swap service during working days. Fairphone shall not be liable for failure to achieve this target time nor does it give You any rights to terminate the As-a-Service Agreement and/or Subscription. The swap service is only offered within the Netherlands. Please note swaps can only be done when You have no outstanding monies owed to Fairphone.

6.2  You may swap Your device only in case the following applies; 

• Your device is damaged. Damages include any manufacturing defects, caused by improper or inferior workmanship, materials, and/or design. 
• Your screen is damaged. You will be able to replace Your screen once a year. Please note anything beyond this yearly allowance will be subject to additional charges. 
• Your battery is damaged. You will be able to replace Your battery once a year. Please note anything beyond this yearly allowance will be subject to additional charges. 
• You are facing hardware issues. 

Please note that depending on the issue you are facing, an additional surcharge for the swap service may apply and this charge would need to be paid for within thirty (30) days following the receipt of invoice. Whilst the device is being repaired, the direct debit will be temporarily paused until the device is returned to You. 

6.3  Fairphone may decline Your right to swap Your device, if You are in default of payment for Your subscription. 

6.4  In case of a swap, You are responsible for making a separate back-up of any material stored (including personal data) on the device, to delete any personal data, to disable any security passwords, remove any removable accessories on the device and any removable memory storage and SIM cards. If You make use of an e-Sim, please ensure You delete it manually. You can find out more here. Fairphone will destroy any remaining material from the Product upon receipt. Fairphone does not provide a data retrieval service and is in no way liable for any loss of material stored on the device. Please ensure the device is sufficiently packaged. Products will be considered sufficiently packaged, if packaged either in the original packaging or packaging providing an equal degree of protection in order to ensure that the products are protected during shipment. You may also use the original packaging to send in an old device for our recycling program. To find out more about our Reuse and Recycle Programme please click here.

6.5  If You make use of Your right to swap and the swap does not fulfill the conditions of this Agreement namely the following:

• Replacement of screen or battery more than one time a year.
• Damage that occurs when the protective parts (phone case and screen protector) are not used.
• Intentional user-induced damage or usage contrary to the Fairphone user manual, the technical specifications and other published guidelines regarding the Product.
• Damages which are excluded as per section 4 of the Fairphone Warranty. 

You will also incur the actual repair costs (material costs and working hours). Please note that any additional repair costs incurred would need to be paid within thirty (30) days following the receipt of invoice. You can find more information about repair prices here.

7.1  The As-a-Service Agreement and Subscription are concluded for a definite period of time. After the expiry of the term, the As-a-Service Agreement and Subscription are renewed automatically on the same conditions or may be renewed for a new adapted Agreement unless You notify Us no later than thirty (30) days prior to the end of the term that You do not wish to extend. Upon the commencement of a new term, You will be able to cancel Your As-A-Service Agreement at any time in line with the thirty (30) day notice period.  

7.2 Every year in which You remain a user of Fairphone Easy and maintain the device in line with the conditions of these Terms, the monthly fee is reduced by two (2) euros. After three (3) years of remaining a user of Fairphone Easy, We will give you a bonus of a four (4) euro deduction.

7.3  The As-a-Service Agreement and Subscription time period are agreed upon in the order process. The commencement date is the date stated in the order confirmation and this is extended automatically on a month-by-month basis. 

7.4  The As-a-Service Agreement and Subscription may be terminated by either party prior to the end of the Subscription within a thirty (30) day notice period, we will deduct the monthly amounts due from the remainder of the Subscription. 

7.5  If You make use of the 14-day cool off period, You must return the device as soon as possible. To request a cool-off return, please contact Customer Support. The device must be returned in the original condition and packaging in accordance with the instructions received from Customer Support. 

7.6  Upon termination, You are obliged to ensure that all payment obligations up to and including the end date of Your As-a-Service Agreement and Subscription have been met. You are obliged to return the device back to Us within one week following the receipt of the Return Merchandise Authorisation (RMA). To return the device, you must contact Customer Support as soon as possible prior to initiating a return to obtain an RMA. Follow the instructions sent by email to correctly label and sufficiently  pack the device and drop it off at the nearest return point in order to deliver it to Us. The package must include the shipping label and other information that may be communicated as necessary for the return.  If You hand in the device prior to the termination date of Your As-a-Service Agreement, this will end all Your rights under the Agreement without prejudice to Your obligation to ensure all payment obligations are met. 

7.7 When You return the device back to Fairphone; ensure the device is returned in line with clause 6.4 of these Terms, in the same condition as it was made available to You and operating with the same OS.  You may incur an additional surcharge where the device is returned to Us in a damaged condition. This excludes normal wear and tear or damages covered by the Fairphone Warranty. 

7.8 Fairphone will provide You with email confirmation upon successful return of the device. 

7.9  Failure to send the device within the time frame specified in clause 7.6 is a failure to comply with the conditions for termination as such Your Subscription will not be terminated and monthly charges will apply. Should You fail to send back the device thirty (30) days after termination, You will be charged the full present value of the device.  

7.10 Fairphone reserves the right to terminate the As-a-Service Agreement and Subscription in the event of the following;

• You are in default of the payment obligations as specified in clause 9.
• You have failed to comply with these Terms and/or You use the device in a manner which is contrary to the intended use and these Terms. 
• You file for bankruptcy or are declared bankrupt. 
• You abuse the service offered by Fairphone. 
• You have provided incorrect information, which Fairphone was not aware of at the time of concluding a As-a-Service Agreement and Subscription which if known would have prevented the conclusion of the agreements. 
• You settle in another country. 

7.11 You have the right to terminate the As-a-Service Agreement and Subscription if Fairphone has repeatedly failed to fulfill its obligations under these Terms.

8.1  In the event the device is stolen or lost, You must report the incident to Fairphone within 72 hours. You are also obliged to notify the police of the incident within 72 hours and provide Fairphone with the official police report once You have received it. 

8.2 Upon validation of the police report by Fairphone and receipt of the payment of  €150, in line with clause 5.5, Fairphone will provide You with a replacement device within 72 hours. 

8.3 In order to prevent incidents such as loss, theft and damage, You must adhere to clause 4.7 and 4.8. 

8.4 In case of theft or loss, clause 5.5 will be applicable to You.

9.1  When concluding an As-a-Service Agreement and taking out a Subscription, You must be the holder of a Dutch bank account under which direct debit deductions are possible. You are obliged to authorise a direct debit mandate to have all related costs debited from the bank account number You have provided. The payments will be due in advance of each month on the day which You have activated your Subscription. Payments must be immediately payable via automatic collection. The payment date cannot be amended. 

9.2 You agree to pay the following:

a) the base service fee depending on the Subscription

Subscription Period	Base service fee
Minimum three (3) months	Twenty-four  (24) euros including VAT
Minimum thirty-six (36) months	Nineteen (19) euros including VAT
Minimum sixty (60) months	Fourteen (14) euros including VAT

b) deposit fee of ninety (90) euros. 

c) a premium for any Upgrade. 

d) any additional fees incurred e.g. surcharges for services beyond those offered by the As-a-Service Agreement and Subscription e.g. additional warranty and repair services. Additional fees incurred will be sent as an invoice with a simple link whereby You can easily make the payment via your bank account. 

9.3  If a payment fails due to insufficient funds, a retry of the same payment will be scheduled two (2) days from the moment the first transaction failed. This process will be executed a maximum of three (3) times following the initial transaction attempt. Please note that following the third attempt, You will be in default of payment and Fairphone may engage a debt collection agency as per clause 9.4.

9.4  Repeated failure of debit payments will result in Fairphone engaging a debt collection agency. All administrative and extrajudicial costs associated with collection will be payable by You. Fairphone may also suspend the device remotely. 

9.5 You may only make use of the swap service under clause 6, if You have no outstanding monies owed to Fairphone under this Agreement.

10.1 You will bear all risk with regard to the device including risks of loss, theft and damage. Fairphone shall not be liable for any special, incidental, consequential or indirect loss arising in connection with the device, including loss of profits, revenue, or data. 

10.2 You are liable towards Fairphone for all damage to the device unless You are able to prove that the damages are attributable to a third party. 

10.3  You are responsible for communicating any loss, theft or damage to the device to Fairphone in a timely manner as well as to undertake measures to limit any further damage from occurring to the device. 

10.4 To the maximum extent permitted by law, these Terms and Conditions will be Your sole and    exclusive remedy against Fairphone and Fairphone assumes no obligation or liability beyond that which is expressly provided for in these Terms and Conditions. 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.

10.5 Fairphone may pledge the ownership of the Product and receivables under the As-A-Service Agreement to a third party, as security for the payment of all that this third party may claim. Should the third-party acquire ownership, the third-party may choose to continue the As-A-Service Agreement and You may be able to terminate Your Agreement. Insofar as this is relevant to You, You will be informed about this by Us or Our financier. Please note that this may require Your permission and cooperation. You hereby grant this in advance, in the event that we decide to transfer all rights and obligations under the Subscription to a third party. You also hereby grant permission to share information about You and anything related therewith with the party to whom we intend to transfer the Subscription.

11.1 Fairphone reserves the right to at any time suspend Fairphone Easy Pilot and withdraw all devices.  

11.2 Fairphone reserves the right to change the costs of the Subscription. Any changes will be  communicated to You via email with due notice. In case Your Subscription cost is changed, You may terminate within fifteen (15) days of having been notified of the price change. 

11.3 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.

11.4  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.

12.1 We value Your privacy and You can read more about how we protect Your personal data in our Privacy Policy.

12.2 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.

12.3 We have outsourced certain business functions and their associated data processing activities to third party cooperation Partners (“Partners”). These service providers are authorized to use Your Data only as necessary to fulfill these services. None of these providers will contact you by electronic means to provide you with any newsletter, marketing e-mail or information, unless you have provided your consent to them. Opting for direct debit payments means you will be referred to Our Partners, these Partners help us verify You are who you say You are to ensure safety. 

12.4 In order to provide You with our Services, we ask you to provide the following information (“Your Data”):

• Personal details: first name, last name, age, credit score, address as well as email address. We will also receive a credit score however we will not receive Your actual credit data. 

12.5 We will use Your Data for the following purposes:

• Allow You to benefit from Fairphone Easy and confirm your Subscription. 
• Assess and prevent risks e.g. fraud, theft. 
• To assess Your problems and to provide you with requested support.
• To send you a limited number of emails with product recommendations, surveys, and product review requests regarding Fairphone.  
• For statistical analysis on the use of FaaS.
• Invite You to provide us with feedback on Fairphone Easy to help us with learnings from this Pilot e.g. interviews, questionnaires etc.

We will never sell Your Data or information about you to any third parties. We do not share Your Data except in the limited cases described in this section and only for the fulfillment of your Subscription. 

12.6  We may share Your Data with banks, insurance companies, lawyers, auditors, and other professional advisors. These parties only receive Your Data when this is needed to fulfill a contractual or legal obligation. When required by law, or as necessary to protect our and/or your rights, we may share Your Data with entities that regulate or have jurisdiction over Fairphone. 

12.7 In accordance with applicable data protection laws, you have following rights concerning your Personal Data processed by us:

• Right of access,
• Right to rectification,
• Right to erasure (“Right to be forgotten”),
• Right to restriction of Processing,
• Right to data portability,
• Right to object against processing activities carried out on the legal base of article 6 para. 1 lit. f GDPR.

You can exercise your rights by sending a request to privacy@fairphone.com.

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

13.2 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.

13.3  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 13, affects your rights as a consumer to rely on mandatory provisions of local law.