Terms & Conditions
Terms & Conditions
1 Authorising Work:
You authorise PHONEFIXAR.DIRECT to perform the work described in the Service Intake Form (“Service”) on the device identified on the front of this form (“Your Device”), subject to these Terms and Conditions. If Your Device is under any applicable manufacturer’s warranty, then the terms of PHONEFIXAR.DIRECT Standard Limited Warranty also applies and will control if there is any conflict with these terms. In particular, if the Warranty Status of Your device shown on the front of this Service Authorization is “In Warranty” and PHONEFIXAR.DIRECT determines upon further inspection that the issue with Your Device is not covered by the Standard Limited Warranty (for example, there is damage due to exposure to liquid), then additional charges not shown in the Service Intake Form may apply. In that case, PHONEFIXAR.DIRECT will notify you of the additional charges prior to starting work on your device. Service on Your Device will not begin unless and until you authorise the additional charges.
2 Data on Device:
You are solely responsible for backing up any data on Your Device and deleting, encrypting or otherwise protecting your data from unauthorized use. PHONEFIXAR.DIRECT will not back up or restore your data and is not responsible for any data that is lost or corrupted. PHONEFIXAR.DIRECT will not treat data on Your Device as confidential and disclaims any agreement with you or other obligation to do so
3 Responsibilities & Repairs Limited Warranty:
PHONEFIXAR.DIRECT may, at its sole option, use rebuilt, reconditioned, or new parts or components when repairing Your Device repaired/replaced devices will be warranted for a period of one hundred eighty (180) days. If Your Device should malfunction, it must be returned to the PHONEFIXAR.DIRECT store or service centre for evaluation and all costs of shipping shall be borne solely by the purchaser. The customer service department will diagnose the repair upon receipt. Upon examination, if Your Device is found to be defective due to the part purchased from us it will be repaired or replaced at no charge. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than PHONEFIXAR.DIRECT use of any other product other than PHONEFIXAR.DIRECT products, or unauthorised modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of PHONEFIXAR.DIRECT control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, mobile phones, etc. The warranty is VOID if the customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorised or unapproved software, viruses, malware, spyware, or attempts to modify the Device. We reserve the right to VOID its warranty if any improper software installations or modifications or upgrade have been made after the customer has left the store location. This warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorised by PHONEFIXAR.DIRECT including but not limited to purchases from internet auction sites. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment shall become the property of PHONEFIXAR.DIRECT, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, we will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in our possession for service. If Your Device is lost or damaged while it is in our possession for service we will repair Your Device or replace it with an equivalent device, which at PHONEFIXAR.DIRECT option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs we shall treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.
4 LIMITATION OF LIABILITY:
THE LIMITED WARRANTY STATED IN ABOVE SETS OUT THE FULL EXTENT OF PHONEFIXAR.DIRECT. RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY PHONEFIXAR.DIRECT IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT SHALL PHONEFIXAR.DIRECT BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
CANCELLATION (COOLING OFF PERIOD)
You may cancel the contract with us at any time up to the time when you send us the phone ("cooling-off period"), provided:
- the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
- your order will be cancelled if we do not receive your device within 14 days after the 14th day if you still want to get your device repaired you will have to rebook the repair.
- you are a natural person acting outside the purposes of any business; and
- you must notify us in writing, or by emailing us within 3 days of any new offer sent to you or prior to any new offer sent to you.
When cancelling during the cooling-off period, you need not give us any reason for cancelling the contract, nor will you have to pay any administration charges.
We may cancel the contract if, upon delivery to us, the phone(s) do not conform to your description and or, they do not meet the terms and conditions which formed part of the contract.
Other than if the phone does not meet our terms and conditions this contract cannot be cancelled after you have sent your phone(s) to us (outside the "cooling-off period").
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
5 No Modification:
No agent, employee, dealer, representative or reseller is authorized to modify these Terms and Conditions, to extend the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of PHONEFIXAR.DIRECT regarding the Service.
6 Personal information
The personal information you provide on this form (such as an e-mail or mailing address) will be used only to fulfil the service you have requested; we will not sell, rent, or otherwise disclose such information (except as needed to PHONEFIXAR.DIRECT service vendors) without your prior approval.