We, Fairphone, a Dutch limited liability company located at Pakhuis Amsterdam 3rd floor at Jollemanhof 17, 1019 GW, Amsterdam, The Netherlands, registered with the Trade Registry number 55901964 warrants you, consumer of the Fairphone 2 including its replaceable modules (“modules”) and spare parts (including accessories), against manufacturing defects in design, material and workmanship and lack of conformity to the terms of sale, when used in accordance with the Fairphone User Manual, technical specifications and other published instructions.

The rights granted to you under this Warranty are in addition to any and all rights and remedies conferred to you by national consumer protection laws.

 

Your Fairphone 2 Warranty period begins from the date your Fairphone 2 and its modules were delivered to you and lasts two (2) years after the delivery date (in exception to Fairphone 2 battery, see below)

 

In the event that your product is defective or does not conform to the terms of sale, you are entitled to claim remedy under this Warranty. The term “defective” is limited to manufacturing defects in design, material and workmanship. This means that any wear and tear, or damages that naturally and inevitably occur as a result of normal use, regardless of how carefully you use/care for your products are excluded from this Warranty. Moreover, we do not cover damages and problems caused by accidents, unusual or improper usage of your products.

This Warranty is not applicable for: (a) damage caused by normal wear and tear; (b) damage caused by external factors (e.g mechanical stress, a fall, drops or rough handling) or humidity or liquid damage; (c) damage caused by wrongly plugging in chargers and cables and misuse of the ports or SIM cards; (d) damage caused by repairs made by an unauthorised repair shop; (e) damage caused by using your Fairphone 2 and the modules outside the countries we provide and deliver our products to; (f) damage caused by using your Fairphone 2 and its modules with other products that do not comply with the requirements and/or specifications for use; (g) damage caused by breaking or circumventing access limitation protection or by the improper usage of a root access; (h) damage caused by installing third-party software and/or any malware.

Bear in mind that the aforementioned is not a comprehensive list to the limitation.

Although the Fairphone 2 is designed to open and to repair, it requires careful handling to perform the way it is intended. To ensure safe handling of your Fairphone 2, we advise you to consider the following points:

(i) Carefully review and follow the specific instructions in the support page. They serve as formative documents meant to guide you through the process of opening up your Fairphone 2.

(ii) Ensure that you have the right tool required in taking out or installing your modules. To take out and to install the replaceable parts of your Fairphone 2 without the right tool will likely cause damage. If this occurs, it will make this Warranty invalid.

(iii) In case you decide to replace your modules for self-repair, please be aware that sometimes a module may not function properly, not because it is defective but due to other causes like software issues. Thus, replacing it might not solve your problem. In case of doubt, please contact our customer support.

 

1. Your Fairphone 2 Modules

 

Your Fairphone 2 is designed to open and to repair. However, the same does not apply for the modules. Please seriously consider to neither open nor take apart the modules. We strive to make the process as easy as possible for an average user for replacement of modules, however technical knowledge and skills are still required for anyone to safely open or take apart the modules without causing damage. Bear in mind that opening/ taking apart your modules may cause damage that is not covered by this Warranty.

 

The modules are specifically designed and approved for use with the Fairphone 2. Attempting to use another third party module for your Fairphone 2 may impact the functioning of the product and therefore, may affect this Warranty.

 

2. Your Fairphone 2 Battery

 

Your Fairphone 2 rechargeable battery can only be charged and recharged for a limited amount of times and therefore, we can warrant its functionality in accordance with its specification and that is, up to one (1) year.

This means, if you battery does not fully perform in accordance with the specifications after one (1) year, this shall be regarded as normal wear and tear and not as a manufacturing defect.

However, this is not a limitation of your right to claim other (manufacturing) defects of the battery existing at the time it delivered to you. For those claims, you are still covered by the two (2) year warranty period.

As soon as you notice any defect with your Fairphone 2 and/or its modules, please notify us immediately. Continuing to use them may run the risk of additional damage, which makes it difficult or impossible to verify the cause of the initial defect.

Under this Warranty, you have given a maximum of two (2) months after discovery of defect to notify us.

Having said that, any defect apparent within six (6) months of delivery are presumed to have existed at the moment of delivery. However, if proven through technical diagnosis that such defect is caused by improper handling, Fairphone may disregard your warranty claim.

Any defect apparent after six (6) months of delivery is no longer presumed to be manufacturing defect. This means, for any warranty claim after six (6) months of delivery, you may be required to prove that the defect is manufacturing defect.

Once you notify us of the defect, we will guide you through the process of returning your Fairphone 2 and/or its modules. Our technical experts will then diagnose the cause of the defect.

 

The remedies under the Fairphone Warranty

If the diagnosis shows that the defect is caused by a manufacturing defect, we will, depending on the defect:

(i) repair, or

(ii) replace your products free of charge.

We will also cover all the applicable costs, including the diagnosis fee, the repair costs and the shipment fees (only up to the value of a regular courier service fee).

If neither the option of repairing or replacing your Fairphone 2 and/or its modules are possible, we will (iii) refund your money.

 

In the event that the result of the diagnosis concludes the defect is due to improper handling, we will offer you the choice to have your Fairphone 2 and/or its modules repaired by our repair center. If you agree to it, we will be happy to proceed and the standard service rates and fees will apply. In this case, you will have to cover the shipment costs, the diagnosis fee and the repair costs.

 

You may also decide not to have them repaired by our repair center, however, please keep in mind that you still need to cover the diagnosis fee and the shipment costs.

 

Refurbished replacement to your modules

To keep up with our principle of sustainability, in the case of repair or replacement of your defective modules, we may send you parts that are refurbished. We guarantee that the appearance and the performance of the refurbished replacement will be as good as a new one. As soon as your parts have been replaced, the defective parts you sent us are at our disposal and will become our property.

 

We officially support two software operating systems:

(i)        the Fairphone operating system with Google Mobile Services (“GMS”) and

(ii)       the Fairphone Open Source operating system.

 

Any software systems and updates (the “Software”) we make available to you are owned by Fairphone, its licensors and other third parties. Fairphone, its licensors and other third parties shall at all times retain all rights, titles and interest in and to the Software.

Open Source Software

The Software owned by Fairphone will be made available to you as open source in the Fairphone Open Source operating system. By downloading and installing the Software in any way, you agree with the terms and conditions of the license herein.

Third-parties Software

You acknowledge that besides Fairphone’s own rights, the Software includes ownership rights to third-parties as well. For these portions of the Software, we can only give you the rights of use of that such third party allowed us to give you.

Please check the Legal Notices section in the Settings menu of your device for the applicable third-party licences that we make available to you. Bear in mind that specific terms and conditions and limitations may apply.

Software Protection Coverage

The Fairphone is shipped with Fairphone OS, an Android based operating system with Google Mobile Service pre-installed. In addition, Fairphone provides an alternative operating system, Fairphone Open Source OS built by us. Both operating systems will receive warranty protection under this Warranty. This means, Fairphone will provide you software updates and fixes throughout the two (2) years warranty. Regardless of this provision, we recognise that software is an essential aspect to the Fairphone 2 and we attempt to provide you with software updates and fixes above the Warranty period. However this is not an obligation from our part.

 

Notwithstanding of the above, we cannot guarantee that the Software, updates and fixes will be error/bug free. You may experience some problems and interruptions, and if you do, notify us as soon as possible.

Please allow us a reasonable amount of time to deal with the identified errors. For third-party software, we depend on these third parties make available the updates in a timely manner.

 

This Warranty provision is applicable only for unmodified and official release Software by Fairphone, to which all the latest updates have been applied.

Return for repair

In the case that your Fairphone 2 is to be repaired, you are required to send back the phone with one of the supported software images officially released by Fairphone. We will provide you with the instructions on how to revert to one of the two supported versions mentioned earlier. Please come in contact with our Customer Support team.

Root-Access

For security and legal limitation reasons, we are not providing the Fairphone 2 with tools to enable root-access on the Fairphone operating system with GMS. If you are interested in rooting, please refer to Fairphone Open Source OS, in which root-access can be enabled through the developer’s settings. The Fairphone Open Source OS offers a setting to enable (and disable) root access.

Your data, your responsibility

Since your Fairphone 2 is capable of storing software programs and data, it is your responsibility to ensure backup of your data and other information contained in your Fairphone 2. We suggest you to make a backup copy of your data contents, to remove your personal information and to disable all security passwords before submitting your Fairphone 2 for a repair or replacement.

 

Fairphone will not be liable for any content missing from your storage media during the repair and replacement of your Fairphone 2. For replacement, Fairphone will wipe your data immediately. Fairphone will not be liable for any missing data and other information caused by operational failure or defect.

Throughout the EU, warranties are covered by Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This European Union Directive provides harmonised standards of your minimum rights when the good delivered to you are not in conformity to the sales contract. Having said that, since national consumer protection laws vary from one European Union country to another, it may be so that the national law applicable to you provide extra consumer protection rights.

The Fairphone 2 Warranty will not restrict, limit or otherwise affect the rights of you have under such national laws or the EU Directive.

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 additional rights under national consumer protection law

 

Alternative/ Online Dispute Resolution Platform

In the event dispute, you may decide to come in contact with the European Alternative/ Online Dispute Resolution Platform here. The platform developed and operated by the European Commission, provides a non-judicial redress of any dispute between trader and consumer. Find more information here.

 

This Addendum will be read in conjunction with the terms and conditions of Purchase of Refurbished Fairphone and the Fairphone 2 Warranty Statement, to which this Addendum is attached, available on the Fairphone website and applicable to Fairphone customer from April 12, 2017.

The Application of Warranty
The scope of application for this Addendum is limited to the Refurbished Fairphone 2 smartphone. For the avoidance of doubt, “Refurbished Fairphone 2” the factory-refurbished Fairphone 2 including its associated modules, replaceable parts, spare parts and accessories as offered for sales by Fairphone (hereinafter referred as “Refurbished Product”).

The factory-Refurbished Product has undergone factory restoration and that have passed rigorous quality testing at Fairphone production facilities to ensure performance like new. Although you may receive the Refurbished Product with minor physical marks, such as scratches or blemishes, through this Addendum, we guarantee that its quality and performance will not be compromised. Having said that, you do not have the right to submit warranty claims for these physical marks unless they are proven to affect the performance of your product.

For everything else, the terms of warranty for the hardware and software of the Fairphone 2, including the warranty duration, the limitations and the remedies we provide you in the case of manufacturing defect or non-conformity as set forth in the Fairphone 2 Warranty Statement shall be applied in the same manner to the Refurbished Fairphone 2.