Terms of service
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.
hese Terms establish a contractual relationship between you and FIXIFY (the Provider) and its Affiliates (collectively, "FIXIFY"), and your use and access to the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or understandings with you. FIXIFY may immediately terminate these Terms or any Service with respect to you, or generally cease to offer or deny access to the Services or any part thereof, at any time and for any reason, without prejudice to these Terms.
The Services constitute a technology platform that connects users of FIXIFY mobile applications and/or websites provided as part of the Services (each, an "Application") who are seeking mobile phone repair services.
The Services may include independent third-party repair technicians and third-party logistics providers in accordance with FIXIFY ("Third-Party Professionals").
The Services are available only for your personal or non-commercial use, unless otherwise agreed in writing in a separate agreement with you.
The repairs covered by FIXIFY are for mobile devices, tablets and personal technology of all brands nationwide, for equipment out of warranty.
For equipment within the commercial warranty you must contact the manufacturer. All requests processed through our website will be considered out of warranty and therefore the repair will be invoiced according to the current rates.
Once the service has been requested, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps: FIXIFY – MATHIAS RANDEN, C/ Marina 145 Bajos - Barcelona, Spain.
1. GENERAL CONTRACTING CLAUSES
The present General Conditions of Use and General Contracting Conditions have as their object the regulation of the use and commercial transactions between FIXIFY and the user of this domain. The domain fixify.com is the property of Mathias Randen, with office at Calle Marina 145 Bajos, Barcelona, Spain.
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
In the case of collection or delivery repairs the indicative delivery time is 24 to 72 hours, however, you should bear in mind that the logistics services are provided by third parties, so FIXIFY cannot guarantee that for reasons beyond its control these deadlines will not be met.
The costs for collection and delivery are 20 euros and this cost can be altered in case of urgency at the request of the clients.
IXIFY cannot be held responsible for damage caused during transport by poor packaging, therefore we suggest that you pack the device correctly: (i) You must protect the object by wrapping it in its original packaging or in a well-protected box. (ii) The original box or packing must be well closed and protected, filling the free space with bubble wrap, cardboard or similar. (iii) The package must include the name, surname, contact telephone, mail, complete address, city and country; as well as the model of the product/s sent and the description of the corresponding problem. All covers, cases and sim cards must be removed. (iv) The box must be closed tightly with packing tape, so that it is well sealed and cannot be opened. Stick a label on the front of your box with the recipient's details: name and surname, full address, postal code, city and country. And on another one the senders. (vi) If collection has been requested, the courier will pass by the address provided within a range of 2-3 hours up to 7 pm on the day indicated by the courier.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim for any possible defects or faults in the service, both online and offline. The right of withdrawal may not be applied when they are personalized services or those, which for reasons of hygiene or other legally provided exceptions, are not subject to this right.
Model withdrawal form (link)
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal address: Corporate address: Calle Marina 145, Bajos, Barcelona - Spain
Telephone: +34 612402206
E-mail address: firstname.lastname@example.org
Online Dispute Resolution In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need for recourse to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
5. MAJOR OR EXTREME SITUATION OR UNFORSEEN CIRCUMSTANCE
The parties shall not incur liability for any failure due to a major cause. The performance of the obligation will be delayed until the cease of the unforeseen circumstance or extreme situation.
6. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of FIXIFY, or here stipulated, will have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements will prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until the value of the services offered is not affected. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
7. PAYMENT FOR SERVICES
You understand and agree that use of the Services carries with it payment by you as a result of the services received by FIXIFY's own or third-party professionals ('Charges').
When booking the services, FIXIFY will facilitate payment of the applicable charges on behalf of the proprietary or third-party professionals, using the preferred method of payment: online payment at the time of repair booking. You should note that promotional codes may only be applicable when payment and booking online is made prior to repair. Cash payments will be used only as a last option to be charged and in which case a fee of 6 euros will be applied.
Charges will include applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by FIXIFY in its sole discretion. Upon refund, the previous or damaged part will be reinstalled and the new part will be removed and returned to FIXIFY. If the customer does not return the original part, the cost of the part plus the travel charge will be deducted (39 euros). We do not accept returns of our services after the warranty period has expired or with broken warranty seals or with signs of tampering.
While you retain the right to request lower charges from the third party professional for the services received by you from the third party professional at the time you receive such services from the third party professional, FIXIFY will respond accordingly to any request from the third party professional to change the charges for a particular service. FIXIFY reserves the right to establish, remove and/or revise charges for any or all aspects of the Services at any time in FIXIFY's sole and absolute discretion.
8. PROMOTIONAL CODES
FIXIFY may, at FIXIFY's sole discretion, create and offer promotional codes related to the services, subject to the terms that FIXIFY establishes per promotional code ('Promotional Codes'). You agree that Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (Ii) may not be duplicated, sold or transferred in any way, or made available to the general public, unless expressly permitted by FIXIFY (Iii) may be disabled by FIXIFY at any time and for any reason without the liability of FIXIFY (Iv) may only be used in accordance with the specific terms that FIXIFY establishes for such Promotion Code; (V) have no cash value; and (vi) may expire prior to use. FIXIFY reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotion Codes by you or any other user in the event that FIXIFY determines or believes that the use of the Promotion Code was erroneous, illegal, or in violation of the terms of the applicable Promotion Code or these Terms. FIXIFY may do so at the sole discretion of FIXIFY
9. USE OF SERVICES
FIXIFY establishes that the person who contracts the repair, declares under his responsibility that he/she is the legitimate owner of the same and that there is no impediment on the part of any natural or legal person to its internal manipulation.
The customer must deliver the terminal without memory card or SIM card. We are not responsible for the loss of these. The owner may exercise his right to access, rectify, suppress, oppose, limit, carry and oppose the processing of his personal data, under the terms and conditions provided for in the RGPD.
10. CONSENT TO RECEIVE SMS MESSAGES
You agree that the Services may send you informational text messages (SMS) as part of the normal business operation of your use of the Services. If at any time you determine that you no longer wish to receive text messages (SMS), you may opt out of receiving such messages by sending an email to email@example.com with your request. You acknowledge that opting out of receiving text messages (SMS) may affect your use of the Services.
11. CANCELLATION OF ORDERS
FIXIFY will not accept cancellations or modifications of orders after 1 hour from their confirmation. The reason for this is that your order is processed within the day and once it passes to the logistics phase and for operational reasons it is not possible to stop the delivery process. Orders canceled will be fully refunded minus any expenses for services incurred by FIXIFY.
12. RESPONSIBILITIES CUSTOMERS AND USERS
FIXIFY does not warrant that the Services, or any part thereof, will work on any particular hardware or devices. You understand and acknowledge that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You are responsible for any and all software and hardware requirements necessary or preferable to use the Services, including, but not limited to, acquiring and upgrading compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto, as well as obtaining access to the data network necessary to use the Services. Your mobile network may apply data and messaging charges to you if you access or use the Services from a wireless device.
In general, the user is obliged to comply with these general conditions, as well as the special warnings or instructions for use contained in them or in the website, and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and abstaining from using the website in any way that could prevent, damage or deteriorate the normal functioning of the same, the goods or rights of FIXIFY its suppliers, the rest of the users or in general any third party. Minors are not allowed to access and use the website without the express consent of their parents. FIXIFY is not responsible for the truthfulness and accuracy of the data filled in by the user and therefore cannot verify the age of the user.
Specifically, and without implying any restriction to the previous section during the use of the page, the user is obliged to
- To provide truthful information on the data requested in the form of order placement, and to keep them updated.
- Not to introduce, store or spread in or from the web page, any information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites to violence or to discrimination for reasons of race, sex, ideology, religion or that in any way attempts against the morality, the public order, the fundamental rights, the public liberties, the honor, the intimacy or the image of third parties and in general the in force regulation.
- Not to introduce, store or spread through the shop any program, data, virus, code, or any other electronic or physical device that may cause damage to the website, any of the services, or any of the equipment, systems or networks of www.fixify.io, of any other user or in general of any third party.
- Not to carry out advertising or commercial exploitation activities through the web page, and not to use the contents and information of the same to send advertising, or to send messages with any other commercial purpose, nor to collect or store personal data of third parties.
- Not to use false identities, nor impersonate others when using the website or any of its services.
- Not to destroy, alter, use for its use, disable or damage the data, information, programs or electronic documents of www.tabili.com its suppliers or third parties.
- Not to introduce, store or disseminate through the shop any content that infringes intellectual or industrial property rights or business secrets of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
The customer undertakes to make possible the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual hours of delivery of goods. In the event that the customer does not comply with this obligation, FIXIFY will not be responsible for the delay or impossibility of delivery of the order requested by the customer.
13. APPLICABLE GUARANTEES
The outsourced professional provides you with warranty repair services for electronic devices as follows: (a) Display/LCD and/or any other repaired or replaced parts that malfunction or do not function as intended or as designed to function, and (b) the warranty provided is limited to the part(s) and/or service(s) you paid for. The warranty set forth in these Terms and Conditions is valid only for the specifically repaired device and for the original customer. Under no circumstances may the warranty be transferred to different devices or to an individual other than you.
By using the Services, you understand that any repairs or technical assistance provided by the third-party professional may void the manufacturer's warranties for the repaired device and that FIXIFY will not assume any responsibility or warranty in the event that the manufacturer's warranties are voided. FIXIFY and its own- or third-party Professionals have no responsibility for any indirect or consequential damages resulting from a repair or overhaul attempt, including any loss or damage to data, software or loss of customer profits or revenue.
For any claim or application of the guarantee it will be essential to present this document, therefore, the technical service declines any responsibility derived from the loss of it or the invoice.
By using the Services, you understand that FIXIFY has no responsibility for any loss of data, which may occur as a result of work performed on your device. You also understand that you have the option and are responsible for backing up your device before allowing the third-party professional to perform repair work on your device. The customer agrees to pay a minimum travel and/or repair cost of 39 Euros, which will be offset against any other amount due for the work performed. The repair carried out will have a 1-year guarantee on the work carried out, except for phones that have become wet or repairs that affect the logic board of the device, in which cases there is no guarantee. The repair is guaranteed both in materials and in labor and no other possible anomalies that could present the same or similar effects. The warranty will be void in case there has been manipulation of the device and/or its components after the repair, by the customer or a third party not related to the company. In case the terminal has been previously repaired, no warranty is applicable. In case of a warranty claim and the fault is not covered by the warranty, the minimum cost for travel and/or repair will be paid. If the customer does not provide the unlocking code and/or SIM code, the warranty is limited to those functions that could be tested without these codes. In some terminals the repair may cause the breakage of the cover/back glass of the terminal, which the customer accepts and for which he is responsible. In the case of tablets (including iPad), repair of the glass may result in breakage of the LCD, which the customer accepts and is responsible for. Opening the phone and tampering with it may result in the loss of the official warranty for which brands and models of phones and we do not take responsibility for any claims received for this reason. The customer accepts that, when manipulating the device during its repair, new symptoms or problems may appear in the terminal and these are due to the impact that the terminal has had in the first place; also that certain components or functions of the device are affected or stop working; the customer is responsible for these damages and is aware that the warranty does not cover them. The customer accepts that the fingerprint reader of the home button may be lost after the repair. The customer consents to the removal, recycling and/or reuse by the company of the parts and components that require removal from the device for proper repair. The customer agrees that the device is delivered to him in proper working order after the repair. Cracked, damaged, black screens, off color screen or any other visible blemishes on any screen or LCD will void the warranty.
The Manufacturer recommends that all repairs made to the device be updated to the latest version available, which will result in the device being returned to its factory configuration. Therefore, we are not responsible for the loss of user data, software variations, or sim locks that may have been applied to the device after the repair. We are not responsible for any other damage that is reported to us or can be verified beforehand.