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

 

Buyer means the person who purchases the Gift Card.

Product means all products available on our webshop.

Terms and Conditions means these Terms and Conditions, including updates, alterations and possible appendices, published on the Fairphone website.

User means the end-user of the Gift Card, who shall use such Gift Card to purchase a Product from the Fairphone webshop.

We (“our”, “us”, “Fairphone”) means Fairphone B.V., a Dutch limited liability company located at Pakhuis Amsterdam 3rd floor at Jollemanhof 17 1019 GW Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01

Webshop means our online shop section where you can acquire information about our Products and purchase them: www.shop.fairphone.com.

Website means our website: www.fairphone.com

You means the Buyer and/or the User of the Gift Card, as applicable.

2.1 These Terms and Conditions apply in full to anyone purchasing, using or attempting to use a Gift Card.

2.2 By purchasing, using or attempting to use a Gift Card: a. You accept and agree that you as a Buyer or User are bound by these Terms and Conditions; and b. You acknowledge that you have read and understood the information concerning the Fairphone Privacy and Cookie Policy.

3.1 Fairphone offers Gift Cards that can be purchased and redeemed through the Fairphone webshop. You must have an account with Fairphone to purchase or use Gift Cards. If you do not have an Account, the purchase of a Gift Card will result in the creation of an account.

3.2 Gift Cards will be provided by Fairphone in electronic form only, through the provision of a Gift Card Code.

3.3 When purchasing the Gift Card, the Buyer can choose from two (2) delivery options: (a) Send email to the User of the Gift Card with the Gift Card Code; (b) Send email to the Buyer who can then decide how and when to pass on the Gift Card to the User. The choice of delivery option does not affect the issue date of the Gift Card, as described below.

3.4 Once the payment of the Gift Card has been processed, the Buyer will receive an email to confirm this. The receipt of the confirmation email shall be considered the issue date and the Gift Card will be valid for three (3) years from this date.

3.5 The Buyer can cancel the purchase of the Gift Card within fourteen (14) days of the receipt of the Gift Card, without any explanation and without incurring any fees, provided the Gift Card has not been used. If you wish to cancel the purchase of the Gift Card, you must contact Customer Support within the term of fourteen (14) working days. Fairphone shall not under any circumstances provide any reimbursement from cancellation of the purchase that is requested outside the fourteen (14) working days period.

3.6 The Product that can be purchased with the Gift Card will only be delivered within the European continent and warranty related assistance can only be granted if requested from one of the following European continental countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Holy See (Vatican City State), Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, The UK.

4.1 Our Gift Card will be charged in Euro (€).

4.2 All Charges are gross prices and will be equivalent to the amount placed on the Gift Card for later use.

4.3 The Charges for the Gift Card will be the amount that you have selected on the Webshop, and will be made known to you for confirmation before you conclude your purchase. Charges must be paid in accordance with the instructions as specified by us on either the Webshop, the invoice or by other means.

4.4 The payment of your purchase may be made by the following payment methods: Bank transfer, SOFORT banking, iDEAL, PayPal and Credit Card.

4.5 Your order only becomes final when we receive the full payment of the applicable Charges. Once the payment has been received, you will receive a confirmation email of your purchase.

5.1 When purchasing a Product with the Gift Card, the User will not receive any change for the outstanding amount on the Gift card. The amount on the Gift Card can only be spent on the Fairphone webshop.

5.2 The balance on the Gift Card can only be used on our webshop.

5.3 The Gift Card may be used to make a purchase up to the balance that is loaded onto the Gift Card at the time of its purchase. However, the User can also pay a portion of the Product using the Gift Card, and the rest using other accepted means of payment.

5.4 The Gift Card can only be exchanged for the Product provided in these Terms and Conditions and may in no case be exchanged for the monetary value of the Gift Card.

5.5 The Gift Card may not be combined with other Gift Cards.

5.6 The Gift Card does not have a repayment value and cannot be exchanged for cash, nor can an advance payment in cash be made for any portion of the balance loaded onto the Gift Card at the time of its purchase.

5.7 When purchasing the Product with the Gift Card, the general Terms and Condition of Purchase apply, including your right to Cool-off within 14 days from the receipt of the Product. In the event that you exercise this right, you will be reimbursed the monetary value of the Gift Card in the form of a voucher for use at a later stage.

6.1 The Gift Card can be used to purchase the Products in the three (3) years following its purchase. After this three (3) year period following the date of the purchase, you can no longer use the Gift Card, nor can you request repayment of the balance on it. Therefore, please make sure the Gift Card is used before its expiry date (three (3) years from issue date).

6.2 After the expiry of the term of validity of the Gift Card, any balances on the Gift Card will expire.

7.1 The Gift Card cannot be reimbursed and cannot be returned, except insofar as statutory rights provide for that, for example in the event of defects or in the circumstances as described in Article 3.4. The Gift Card cannot be cancelled. Only the buyer of the Gift Card can get a refund.

8.1 The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Fairphone to the Buyer of the Gift Card. Fairphone has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting Customer Support.

9.1 Any personal details provided in connection with the Gift Card will be processed in accordance with our privacy policy. It is important that you carefully read and understand this information.

9.2 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.

10.1 Fairphone can terminate this agreement, cancel the Gift Card or refuse a transaction if we suspect that the Gift Card is being used in a fraudulent, improper or unlawful manner, or if we have reason to assume that you are in breach of this agreement.

11.1 Fairphone accepts no liability for loss, theft, destruction or improper use of Gift Cards, unless this is the result of negligence on the part of Fairphone.
11.2 Fairphone cannot be held liable for loss of turnover, use, profit, expected profit, contracts, income, goodwill or expected savings; loss of details or of use of details; or consequential loss, extraordinary loss or indirect loss, including if it has been informed of the possibility of such loss.

11.3 Without prejudice to the conditions of this agreement, Fairphone’s liability towards you is limited to the amount of the balance on the Gift Card if one of the following events takes place (in which case the earliest of these events applies):

1. the Gift Card is cancelled by Fairphone;
2. this agreement is terminated by Fairphone.

11.4 Nothing in this agreement serves to exclude or limit liability for:

1. death or personal injury due to negligence;
2. deliberate deception;
3. any other form of liability that cannot legally be excluded or limited.

12.1 Fairphone reserves the right to amend the terms of this agreement by publishing an amended version on fairphone.com at all times, if such amendement:

1. Is made in relation with the introduction or development of new systems, working methods, services or facilities (including but not limited to the addition or cancellation of goods that can be paid for with the Gift Card);
2. Is made in connection with a change in or expected change in or expected change in market conditions or general good practice;
3. Serves to implement a contractual, statutory or administrative stipulation that is binding for Fairphone or changes in any applicable legislation;
4. Serves to make the conditions of this agreement more reasonable or clearer to you;
5. Serves to correct any mistakes that might come to light at any stage; or
6. Takes place with your permission

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

13.2 Any dispute between you and Fairphone 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.

13.3 You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in these Terms and Conditions restricts such rights you may have.