1.1 Under EU and UK law, European customers are entitled to a guarantee as a protection against faulty goods, or goods that do not look or work as advertised. 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.

1.2 For US-based customers who purchase their device through our sole reseller in the country, Murena, the Extended Warranty is applied in addition to its standard 2-year manufacturer Warranty (“Warranty”).

1.3 The 2 year manufacturer warranty will start to run from the purchase date reflected on Your proof of purchase. For Products, bought in a pre-sales period, the Warranty will not start before the official sales start date.

1.4 From the date your original Warranty ends, Fairphone will provide You with an additional commercial warranty of maximum three (3) years, not exceeding the 31st of December 2028, (“Extended Warranty”), provided you have successfully registered pursuant to clause 3. Following the original Warranty period, the Extended Warranty will begin based on the date of purchase reflected in the proof of purchase. To clarify, the duration of the Extended Warranty is determined as follows:

 

Purchase Period	Additional years of support provided by the Extended Warranty
30.09.2021 – 31.12.2023	3 years
01.01.2024 – 31.12.2025	1 year

 

1.5 The following products (“Products”) are covered by the Extended Warranty:

 

• Fairphone 4 5G (6GB, 128GB) Grey EU
• Fairphone 4 5G (6GB, 128GB) Grey FR
• Fairphone 4 5G (8GB, 256GB) Grey EU
• Fairphone 4 5G (8GB, 256GB) Grey FR
• Fairphone 4 5G (8GB, 256GB) Green EU
• Fairphone 4 5G (8GB, 256GB) Green FR
• Fairphone 4 5G (8GB, 256GB) Green Speckled EU
• Fairphone 4 5G (8GB, 256GB) Green Speckled FR

 

The registration for the Extended Warranty is free of charge, except for any third-party data costs  that arise from registration. Fairphone is not responsible for any third-party data costs charged to You and is unable to reimburse these costs. We recommend downloading our software updates using a WiFi connection.

1.6 The Extended Warranty only applies to the Fairphone 4 5G smartphone; this does not include the Battery, any Spare Parts and/or (in-box) Accessories. Furthermore, the Extended 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 an official reseller. In case You have doubts whether you are purchasing a Fairphone original product, please contact Us before buying.

1.7 In case You sell or donate your Product to someone else, this natural person (“Second Owner”) can benefit from In-Warranty repairs and replacements as long as they can demonstrate the device was registered for this Extended Warranty by the Original owner and they can show the proof of purchase we or one of our authorized partners issued to You (transferred Warranty). The transferred Warranty cannot extend beyond the period of Your original Warranty from the date of Your original delivery.

1.8 Fairphone’s Extended Warranty service is valid within the following territories: 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). 

1.9 As outlined in the Preamble of this Extended Warranty, Fairphone’s Extended Warranty service is provided to customers located in the United States of America on the condition that they have purchased their Fairphone Product directly via our sole reseller in the country, Murena Inc. It shall under no circumstance be provided to any other US-based customer who purchased a Fairphone Product via any other reseller.

1.10 You may waive the Extended Warranty. In no case may the Extended Warranty be exchanged for products or any monetary value.

1.11 By participating or attempting to make use of the Extended Warranty:

1.11.1 You accept and agree that You are bound by these Terms; and

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

2.1 This Extended Warranty offer is available to You from 30  September 2021 until End of Sales (“Offer Period”) in accordance with conditions set forth in Article 1.3.The duration of Your Extended Warrany will vary depending on the date of registration as outlined in Article 1.4. Fairphone reserves the right to extend or shorten the Offer Period as it deems fit.

3.1 To receive the Extended Warranty, You will have to register Your Product. The Extended Warranty is only applicable one (1) time for only one Product and for only one (1) IMEI number. To clarify if you have received a replacement device from us you do not need to re-register the IMEI. If an order contains more than one (1) device, each device must be registered separately.

3.2 To register for the Extended Warranty, You have to follow the following steps:

3.2.1 Register on www.fairphone.com/warranty

3.2.2 Fill in all the mandatory fields on the registration form, including the IMEI of the Product. If the registration form is incomplete or missing details, you will not be eligible for the Extended Warranty. In case of an error whilst completing the registration form, please contact our Customer Support as soon as possible.

3.2.3 You must provide Us duly, clearly and legibly all conditions necessary for Us to manage Your participation in the Extended Warranty. We are not responsible for misprints, typographical errors or omissions in the data provided by You, especially those data that are needed for correct registrations such as email address, other contact details and IMEI numbers.

3.2.4 After registration, You will receive an email to confirm the information was successfully received. In case you have not received this email following registration, please check your email spam folder before reaching out to us.

3.2.5 You shall keep the proof of purchase during the period of guarantee and present it in case You wish to exercise the right derived from this guarantee.

3.3 Fairphone reserves the right to check the information provided by You (including identity, age, postal address provided, etc) and to disqualify You from participating in the extended warranty, if:

3.3.1 You use false information or personal information belonging to another person;

3.3.2 We notice any activity we believe fraudulent, improper or unlawful;

3.3.3 We have reason to assume You are in breach of these Terms;

3.3.4 Your Proof of Purchase upload does not include the following information: Invoice/Order date, complete type/product name, purchase prices and (if applicable) seller information.

4.1 The Extended Warranty covers any manufacturing defects in design, material, workmanship and lack of conformity to the terms of sale, assuming the Product was used in accordance with the Health and Safety Guide, technical specifications and other published instructions. To clarify, this Extended Warranty will not apply if Product or its components have been used incorrectly.

4.2 If You choose to terminate the contract of sale and return the Product, that will also mean this extended warranty automatically ends. You can find more information on termination in the Terms and Conditions of Sale.

4.3 Under this Extended Warranty, We will either repair or replace Your Product. Repair will include logistics, labour and parts costs necessary to repair the Product within the countries of the European Union, Norway, Switzerland, and the United Kingdom, excluding any overseas territories. If the Product cannot be repaired, it will be replaced by a Product with the same, similar or with equivalent features, depending on the circumstances. Fairphone does not refund costs for repairs You carried out yourself or which were carried out by someone other than our repair centre.

4.4 If You purchased your Product in the US through our sole authorised reseller there, Murena Inc., Fairphone will be unable to offer You a direct repair or replacement. Instead, if remote troubleshooting has proven unsuccessful, Murena’s Customer Support will be the one providing You with a replacement Product where applicable.

4.5 Under this Extended Warranty, 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. For more on Fairphone and software, click here.

4.6 Fairphone does not cover the following:

4.6.1 Damage that is the result of Normal wear and tear of the Product. For instance, this covers battery deterioration, coatings and other consumables. To mitigate and resolve this type of damage in the Product, check our support pages where you may find further information on device lifespan;

4.6.2 Damage that is the result of Usage of 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;

4.6.3 Cosmetic damages, including but not limited to dents or scratches in decorative, structural, or non-operative parts resulting from normal customer use;

4.6.4 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;

4.6.5 Damage to in-box accessories and peripherals;

4.6.6 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 as may be found on our support pages;

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

4.6.8 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. 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;

4.6.9 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;

4.6.10 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;

4.6.11 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;

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

4.6.13 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.

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

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

4.6.16 Products, which public authorities inform us have been stolen or which we report as stolen;

4.6.17 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;

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

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

5.1 If You are one of our EU customers, You can reach out to Our customer support via this form. If You are one of our US-based customers who purchased their device through Murena, we kindly ask you to reach out to their Customer Support team instead. 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:

5.1.1 When attempting to diagnose or repair Your Product, make a separate backup of any material stored on the smartphone 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 and Fairphone shall have no liability therefore.

5.1.2 Make sure You are running the latest software on Your Product. If Your Product is covered by this Extended Warranty, You may be required to download and accept software updates. You are responsible for any third-party data costs that may be charged to You when obtaining the downloads. We recommend downloading our software updates using a WiFi connection.

5.1.3 If You are running a different operating system on Your Product 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. For Murena’s US-based customers, Murena’s Customer Support team will help you all the way. We do not recommend you switch to Fairphone OS as we cannot guarantee the operability of our software in the US at the moment and we will not be able to support you should you encounter an issue.

5.1.4 Review Fairphone’s online Customer Support website for troubleshooting information. If You are a US-based Murena’s customer, remember You need to contact their own Support instead. If Fairphone troubleshooting advises You to self-repair the Product by changing a spare part, keep in mind the following:

5.1.4.1 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.

5.1.4.2 Although the Product 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:

5.1.4.2.1 Ensure that Fairphone customer support or the Fairphone troubleshooting tool advised self-repair of the Fairphone smartphone;

5.1.4.2.2 Carefully review and follow the specific instructions on the support pages or provided by our customer support team. These instructions serve as formative documents meant to guide You through the process of opening up Your Product for repair;

5.1.4.2.3 Use the recommended screwdriver when taking out or installing a spare part. If You take out and install the spare part of Your Product without the right tool, this will likely cause damage not covered by this Warranty;

5.1.4.2.4 The Spare Parts are not made to open or take apart. The Fairphone Product 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.

5.2 This warranty is only valid if the proof of purchase  for the Product (as issued by Fairphone and  a Fairphone authorized reseller and specifying the date of purchase) is presented with the Fairphone Product to be repaired or replaced. To the extent permitted by law, Fairphone reserves the right to refuse in-warranty service if the proof of purchase is not presented or if it is incomplete/illegible. This Extended Warranty shall not apply if the serial number on the product has been altered, defaced or removed.

5.3 Before You send Your Product in for repair, You are advised to make a separate back-up of any material stored 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.

5.4 If You send Your Product for repair and the Product is not covered by this Extended 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.

5.5 If your product is returned to Our Service Centre because delivery could not be completed at the address given, Fairphone will send you three reminders via registered post to the address you provided. If you fail to respond within three (3) months, Fairphone will notify you that your device is considered abandoned and ownership transfers from You to Fairphone. Fairphone will erase any outstanding data and recycle the device as deemed appropriate. You will be responsible for all outstanding charges for the custody of the Product.

5.6 This Extended Warranty does 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 repair or replacement, whichever is longer. The malfunctioning or defective Product that Fairphone has replaced shall become Fairphone’s property.

5.7 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.

5.8 If the Product is returned to Fairphone after the expiration of the extended warranty period or if one of the warranty exclusions applies to the malfunction or defect, Fairphone’s normal repair policies as stored on https://www.fairphone.com/en/legal/ shall apply and you will be charged accordingly. All warranty information, pricing, product features and specifications are subject to change.

5.9 If You have any questions or queries regarding the execution of this Extended Warranty, please contact our customer support at https://support.fairphone.com/.

6.1 To the maximum extent permitted by law, this Extended 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 these Terms. Fairphone’s liability shall be limited to the duration of this Extended Warranty, as mentioned under section 1.

6.2 Fairphone’s liability under the Terms shall be limited to the actual cash value of the product. This cash value is determined by the price paid by the purchaser for the Product less a reasonable amount of usage.

6.3 To the extent permitted by law, Fairphone shall not be liable for any special, incidental, consequential or indirect loss arising in connection with the smartphone, including loss of profits, revenue or data. To clarify, we will not pay damages for the time that the smartphone is being repaired in our repair center.

6.4 Nothing in this Extended 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.

7.1 We will process your personal data in accordance with Dutch Data Protection Laws as described in our Privacy Policy.

7.2 In order to provide this extended warranty to you, we ask you to provide the following information (“Your Data”):

7.2.1 Personal details: First name, Last name, Gender, Birthdate, Postcode & City, Country as well as Email Address;

7.2.2 Purchase details: Purchase made on fairphone.com or from Reseller, Date of purchase, IMEI number;

7.2.3 Upload of proof of purchase [minimum visible content must be date of purchase, product name, price and reseller name]

7.2.4 Any information you provide us

7.3 We will use Your Data for the following purposes:

7.3.1 To allow You to benefit from Our Extended Warranty;

7.3.2 To assess Your problems and to provide you with the requested support;

7.3.3 To analyse and improve Our customer support and for training new agents;

7.3.4 To send you limited emails or push notifications which are relevant to You and relate to Our Extended Warranty and Your Fairphone 4 in order to help you maintain your device for longer. Processing is necessary for the purpose of legitimate interest in connection with Fairphone’s impact goals.

7.3.5 For statistical analysis on the use of the Extended Warranty;

7.3.6 For statistical analysis to support the improvement of our approach to longevity and support you to keep your Products longer.

7.4 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 fulfilment of the Extended Warranty.

7.4.1 Service providers: We have outsourced certain business functions and their associated data processing activities to third party service providers. These service providers are authorized to use Your Data only as necessary to fulfil these services to us, which include, but are not limited to IT services, warranty services, billing services and shipping services. To clarify, Fairphone will add Your Data to our data management systems and CRM tools. 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;

7.4.2 Distribution  Partners: we may share Your Data with Distribution Partners, so that they can provide you with the services you requested. None of these partners 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;

7.4.3 Professional advisors and others: 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 fulfil a contractual or legal obligation.

7.4.4 Public and governmental authorities: 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;

7.4.5 Affiliates: In the event Fairphone establishes affiliates, we may share Your Data with those affiliates on a need-to-know basis;

7.5 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.

8.1 These Terms give You specific rights, and You may have other rights under the consumer law of Your country. If you are an EU customer, this Extended Warranty (“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.

8.2 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.

8.3 By participating in the Extended Warranty, You expressly accept that in repairs carried out outside the Legal Guarantee, Fairphone may use refurbished spare parts. In the case of repair, the defective parts are at our disposal and will become our property. If you decide to self-repair the defective Product, we encourage you to recycle the defective parts locally. You can find more information about recycling locally here.

8.4 This Extended Warranty will be void in any of the following events:

8.4.1 Any term contained in this Extended Warranty has been altered or modified in any way without Our prior written consent. The agents, employees, distributors, and dealers of Fairphone Products are not authorized to make modifications to this warranty, or make additional warranties binding Fairphone;

8.4.2 Fairphone has not been notified by You of the alleged defect or malfunction of the product during the applicable warranty period.

8.5 In the event that any provision of these Terms is declared invalid, illegal or  unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. In such 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.

8.6 We reserve the right to, at all times, amend these Terms by publishing an amended version on the Fairphone website. The Terms applicable at the time of purchase shall remain applicable to You.

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

9.2 In the event of disputes, EU-based customers may decide to come in contact with the European Alternative/ Online Dispute Resolution.  This platform is developed and operated by the European Commission and provides  a non-judicial redress of any dispute between trader and consumer. This platform is not available to customers who are not based in the EU, but other avenues may be available to You.

9.3 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, including this section 9, affects Your rights as a consumer to rely on mandatory provisions of local law.