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Terms and conditions Fairphone 1(U) (English)

Dear Customer,

Based on the experience that we acquired from the sales of our First Edition Fairphones, we changed the Terms and Conditions in order to provide a clearer and smoother process when buying the next editions of the Fairphones.

To receive a copy of previous versions of the Terms and Conditions, please contact us.

The agreements between us and you, including these Terms and Conditions, warranty statements and return policies will be governed by the Dutch law.

Customer Terms and Conditions – Fairphone.B.V

1. Definitions

In these Terms and Conditions, the following definitions will be used. The definitions are capitalized and can be used in single and plural form

Charges
means the charges for the Product and/or other possible services, as specified on www.fairphone.com including, but not limited to, purchase costs and delivery charges for Products.

Content
means any data, text, information, names, graphics, photos, profiles, audio and video material, software, maps, links and any other Content that may be subject to intellectual and industrial property laws, both national and international.

Intellectual Property Rights
means copyrights, design rights, trademark rights, database rights, patents, trade names, knowhow and all other intellectual property and all other similar rights concerning the Products and the Website, which may subsist in any part of the world including - where such rights are obtained or enhanced by registration - any registration of such rights and applications and rights to apply for such registrations.

Product
means the smartphone(s), spare parts, other items and accessories and possible services as offered for sale by Fairphone

Terms and Conditions
means these Terms and Conditions, including updates and alterations and possible appendices, as published on the Website

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, The Netherlands, registered with the Trade Registry number 55901964, with the VAT number of 8519.04.270.B.01

Website
means the website of Fairphone: www.fairphone.com.

You (“your”)
means the Customer

2. Applicability

2.1 These Terms and Conditions 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.

3. Registration Data

3.1 You must provide accurate, current, and complete information (registration data), which is required to register and/or to order our Products. Since this information must always be up-to-date, you must renew this information in case of alterations. We cannot be held liable for any damages in case your registration data are not up to date.

3.2 We will use the registration data in order to deliver the Products you ordered and to provide you updates and information related to Products, before or after the sale. We will not sell this information to third parties and its processing is subject to the existing privacy laws and regulations in The Netherlands. For more information on how we treat your personal information, please see our privacy policy

3.3 If you are not of legal age or act on behalf of someone else, note that you need to have consent of the person in question or a legal representative. This is your responsibility.

3.4 We reserve the right to terminate the contract if any of the information provided by you is false, inaccurate or incomplete. If the contract is terminated on these grounds, you are not entitled to any compensation and you will be liable for any damages that Fairphone will suffer such as additional delivery costs.

4. Ordering process

4.1 Before ordering a Fairphone, please make sure that you read and correctly understand its technical specifications. We remind you that the Fairphones we currently offer were developed for Europe and therefore may not function correctly outside of Europe. For instance, they will support both 2G (GSM/EDGE) and 3G (UMTS/HSPA+), but not CDMA or 4G/LTE. For all countries outside Europe, they will support voice and 2G data. For more information please read here and contact us for any things that are unclear.

4.2 Purchasing orders are subject to our acceptance and we may, at our discretion, refuse to accept your order, including where: • orders cannot be processed due to information errors; • the products that you have ordered are no longer available through our site

4.3 You will have to follow the online ordering process on our website. Your order becomes final when we receive the full payment of the applicable Charges.

4.4 The Charges we ask for our Products shall be published on our Website. In case of alterations, the charges that were published on our Website when the Products were ordered are applicable. Charges must be paid in accordance with the instructions as specified by us on either the Website, the invoice or by other means.

4.5 You can change your shipment address or contact details until the order has been processed by us. If your order has already been dispatched, you will only be able to request a refund or a Product exchange.

4.6 If you want to order more than 5 phones at one time, you need to contact us. Different Terms and Conditions may apply.

5. Delivery

5.1 The Products that we currently offer will only be delivered throughout the European continent (please also read the explanation at Art. 4.1).

5.2 Shipping and other charges (including VAT or import taxes) will depend on the value of your order and the country to which the product is being shipped. Any customs duties or tariffs that may be imposed on the deliveries will be paid by you.

5.3 The delivery dates provided to you are estimates and will depend on several factors related to the manufacturing process and other factors like the chosen shipment method. We aim to deliver you the Products within five (5) months after the order becomes final. We reserve the right to deliver the Products in separate shipments, but we will provide you with explanations on why we do that.

5.4 In case of force majeure, we cannot be held liable or responsible for any failure or delay in our performance. In these Terms and Conditions, “force majeure” means any cause beyond the reasonable control of Fairphone that prevent the regular performance of an obligation.

5.5 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, you will become responsible for them and for any loss or damage thereafter.

6. Agreement cancellation

6.1 In case of purchasing the Product(s) online or by other means of telecommunication, you are entitled to cancel the contract within fourteen (14) days from the day the Product was delivered to you, with no explanation and without incurring any penalties.

6.2 For the applicable procedures, please read our full return policy here.

7. Warranties

7.1 For your purchased Products you receive a warranty period of two years from delivery. This shall be without prejudice to any binding statutory rights.

7.2 You can find the applicable procedures in our full warranty statements for (a) Fairphones available here and (b) spare parts available here which are an integral part of the Terms and Conditions. Make sure you read and understand them before accepting the Terms and Conditions.

8. Intellectual Property Rights

8.1 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 licensors, unless expressly indicated otherwise, by law and / or by agreement. Therefore you have no right to use the Intellectual Property Rights (or have them used) without the written permission and/or the permission of our licensors, other than what is necessary for the normal use of the Product.

8.2 You will indemnify Fairphone from and against any claim or action based on using the Intellectual Property Rights without permission.

9. Liability

9.1 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.

9.2 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

9.3 In no event shall direct damages exceed the contract price per product.

10. Applicable law and dispute regulation

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

10.2 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.

These Terms and Conditions are applicable as of {15 May 2014}.

 

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