Article 1 - Definitions
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer or the period for adhering to the price;
- the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the agreement is archived after the conclusion, how it can be consulted by the consumer;
- the way in which the consumer can become aware of actions he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
- any languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- of age; you must be both eighteen years old and the age of majority under the law to obtain repair services.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation. 6. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about existing after-sales service and warranties;
- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration.
- If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
- When purchasing accessories, products or parts, the consumer has the option of dissolving the agreement without giving any reason during fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the purchased accessory, product and packaging with care. He will only unpack or use it to the extent necessary to assess whether he wishes to keep it. If he makes use of his right of withdrawal, he will return the product or accessory with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- During this period, the consumer will handle the purchased part and the packaging with care. The consumer can only claim his right of withdrawal if the part is unused. If he makes use of his right of withdrawal, he will return the part with all accessories supplied to the entrepreneur in unused, original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The right of withdrawal does not apply to business customers
Article 6b - Right of withdrawal upon delivery of services
- When services are provided, the consumer has the option of dissolving the agreement without giving reasons during fourteen days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest with the delivery.
- The right of withdrawal does not apply to business customers
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; (This means the following: if the consumer has indicated that repairs may be carried out by TouchFix, this cannot be reversed once the repair has started)
- regarding betting and lotteries.
Article 9 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The prices for consumers stated in the range of accessories, parts, products or services include VAT.
The prices for business customers stated in the range of accessories, parts, products or services are exclusive of VAT.
- The prices for repair do not include any shipping costs. Unless indicated otherwise
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
- A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or or the distance contract.
- TouchFix warranty
- 3 months warranty
- that which has been repaired during a completed repair
- supplied accessories and products, provided they have been handled with care
- 6 months warranty on delivered parts, provided they have been processed correctly (as described by the manufacturer). Incorrect assembly may void the warranty on a part. Examples of this are:
- wrong adhesive (use glue instead of original adhesive)
- using the wrong type of glue
- too much or too little glue
- too much force during assembly or during use
- do not straighten the frame, as a result of which there is too much tension on the part
- breakage or printing marks due to misuse or careless repair
- not properly cleaning and removing old tape, glue, adhesive, glass shards, breakage, twisting, tearing or damage
- water/moisture damage
- This warranty period starts at the time of shipment of the purchased accessory, product, part or repair performed to the consumer or business customer / receipt of the purchased accessory, product, part or repair performed.
- On cleaning or maintenance, as well as on repairs made to products with lightning, water, sand, fall or moisture damage, a warranty is only given on the replaced parts, unless the repair invoice expressly states the contrary. It is possible that after examination or repair, function improvement or reduction occurs due to corrosion of components (due to moisture damage). TouchFix cannot be held liable for this, as this is the result of the damage incurred in combination with the attempt to repair the device.
- The warranty expires when the device is opened by the consumer or third party after the repair carried out by TouchFix. In case of damage from the outside, such as fall damage, pressure damage and moisture damage, the warranty automatically expires.
- If, within three months after shipment/reception of the repaired product, the complaints referred to in the original repair (see the relevant invoice) return and the cause of this is clearly related to the previous repair(s), TouchFix will repair the defect under trying to fix warranty.
- With the same cause of the complaint, only those parts that were not replaced during the previous repair will be charged.
- If it turns out that the cause of the complaint is different from that of the previous repair, the costs of the new repair will be passed on to the consumer, after which the consumer will either agree or not agree to further handling of the repair.
- After renewed repair, the warranty period starts again.
- A recurring complaint is not by definition the same technical defect. If TouchFix can demonstrate that the complaint is caused by other incorrectly functioning parts, this will be passed on to the consumer. (article 10:9)
- There is never any right to a guarantee if the consumer still owes TouchFix any payment, unless the consumer can demonstrate that TouchFix has been negligent.
- When a part is ordered from TouchFix and it is broken on arrival (Dead On Arrival DOA), you must report this to us.
- After this you can proceed to the return by means of a procedure RMA (Return Material Authorization).
- When we receive an item back during the RMA procedure that is DOA according to the consumer. And during our inspection this appears not to be the case (fraud) then you will not receive a new item and shipping costs will be charged again.
Article 11 - Delivery and performance
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer or business customer has made known to TouchFix.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
- If the device has previously been repaired by a third party, errors may have been made during this repair. In these cases, TouchFix will try to restore the phone to its original condition by, for example, supplementing missing parts and screws. If during a new repair by TouchFix parts break because third parties have not handled the device with care, TouchFix is not responsible for this.
- TouchFix always tries to carry out the repair while you wait, unless the consumer has explicitly indicated that he does not want this. In the unlikely event that it is not possible to repair the device, the next step will be discussed with you. The repair will then be carried out again at another time within 7 days. If it then appears that carrying out the repair is not possible due to one of the cases as referred to in (art. 10:5), then (art. 19:2) applies. In other cases (art. 18:2) or (art. 18:3) apply.
- If it is necessary to replace an extra part in order to carry out the repair correctly, TouchFix will first discuss this. The expected delivery time and the additional costs will also be discussed. Other broken parts that are not repaired can be damaged more by repair. TouchFix is not liable for this. Not even for small scratches that arise because we have started working with your device. We cannot guarantee that your device will still be completely dust and water resistant after repair. When opening the device for repair, TouchFix may remove adhesive accessories to make the repair possible. TouchFix is not liable for any damage or loss of accessories
- TouchFix requires full access to the device to be repaired for diagnosis and testing. Therefore, the locks such as pin codes and access patterns must be removed or written down. If this is not done, there is a good chance that the repair can take longer. If, after consultation, no access code is provided by the consumer or business user, TouchFix cannot guarantee the repair. If it turns out afterwards that there are problems after the repair, TouchFix will only repair if the labor costs are paid again. .
- If you do not provide the requested information correctly or completely, TouchFix has the right not to process the repair request or to charge extra costs.
If it appears that the serial number of the device appears in a database of stolen or missing products, TouchFix reserves the right not to process the device. TouchFix is entitled to charge 100% of the (repair) costs incurred. Furthermore, TouchFixd is obliged to report to the police.
Article 12 - Duration Transactions
- The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- An agreement entered into for a definite period has a term of one year. After this period, an invoice will be sent again for payment for the coming year. If the invoice is not paid, the agreement will be dissolved. If payment is made, the agreement will be extended by one year. After each period of one year, the consumer or business user can choose to extend the agreement or to dissolve it.
If it has been agreed that the distance agreement will be extended if the consumer remains silent, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
- Insofar as not agreed later, the amounts owed by the consumer must be paid before the moment of delivery of the good. This is also the case for an agreement to provide a (repair) service. After a Repair has been completed, TouchFix will send an iDeal payment link via email. Without payment, the device will not be returned unless otherwise agreed. If payment is not made within 3 months, we assume that the consumer waives and transfers ownership to TouchFix
- Insofar as not agreed later, the amounts owed by the business user must be paid before the time of delivery of the goods. This is also the case for an agreement to provide a (repair) service.
If the user wishes to pay “on account”, this is only possible after mutual agreement. The payment term is then 14 days unless otherwise agreed.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance. (art 13:5)
- The consumer must reimburse TouchFix for all costs incurred internally and externally to obtain payment of the invoice. These costs amount to at least 50% of the invoice amount with a minimum of € 100, all plus VAT.
- In the event of non-payment of any TouchFix invoice by the due date, all amounts under any other invoice shall be immediately due and payable.
If payment has not been made after 3 months after completion of the repair, TouchFix assumes that the repaired device is no longer required. Ownership has been transferred to TouchFix.
Article 14 - Complaints procedure
- TouchFix.nl has a complaints procedure and handles the complaint on the basis of this procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days after the invoice date, after the consumer has discovered the defects. This can be done by telephone, in writing, but preferably by e-mail.
- At TouchFix, complaints submitted will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, TouchFix will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 15a - Transmission to TouchFix
- Consumers and business users who send a product to TouchFix are strongly advised to do so by registered mail. TouchFix cannot be held liable for damage or loss of a package that the consumer or business user sends.
- The goods to be offered for transport (parts, mobile phones, tablets, laptops, computers and supplies, navigation systems, e-readers, smartwatches, game computers, music carriers, cameras, etc.) must always be packed in a box, filled with proper filler. The box must then be properly closed in order to minimize the risk of theft from the box.
- NOTE: please do not use the 'sales packaging' for shipping. Accessories should not be sent with the item to be repaired. We are not liable for the loss of these accessories. So don't forget to remove your case, SIM card and any memory card.
Article 15b - Transmission from TouchFix
- TouchFix offers different forms of shipping. The correct prices are always stated when placing an order or requesting a repair. When shipping rates change, this will be indicated by TouchFix in time, after which the new rate will be charged.
- If the outside of a package/transport box is damaged upon receipt, or if the seal/closure is broken, then the package/transport box may not be accepted by the consumer or business user. injury. In the event of any loss or damage, this will be handled by TouchFix with the carrier. TouchFix will refund the claim amount immediately after the carrier has processed and awarded the claim.
Article 16 - Loss of data
TouchFix is not responsible for any loss of data. In exceptional cases, data may be lost. That is why the consumer or business user must make a backup himself before a repair. This backup includes the following: personal data, software, applications and information. Also delete/remove data, files, peripherals, expansion memory and/or personal or confidential information. The consumer or business user is therefore responsible.
Article 17 - Termination
- If after three consecutive attempts (written notifications by e-mail (minimum 1) / telephone contact) from TouchFix to the consumer that the product is ready and the consumer has failed to provide payment for a period of 30 days, TouchFix is authorized to return the product to sell and to recover the amount owed to him from the proceeds. (art 13:4-art 13:5)
- For devices where after investigation it appears that the device can no longer be repaired in an economically feasible manner, the customer will be informed of this via the e-mail address known to us. This gives the choice to receive the defective device back after payment of the postage costs (insured). If these costs are not paid within a period of 30 days after sending the e-mail, TouchFix will eventually proceed to destroy this device. There are then no further costs for the customer as stated in (art 19).
- For devices where after investigation it appears that the device can no longer be repaired, the customer will be informed of this via the e-mail address known to us. This gives the choice to receive the defective device back after payment of the postage costs (insured). If these costs are not paid within a period of 30 days after sending the e-mail, TouchFix will eventually proceed to destroy this device. There are then no further costs for the customer as stated in (art 19).
- If the consumer fails to fulfill one of his obligations towards TouchFix, if he becomes bankrupt, applies for suspension of payment or if one of his goods is seized, TouchFix has the right to consider the agreement dissolved by seizing the sole this circumstance, without notice of default being required.
- After dissolution, inter alia on the basis of (art. 18:3), TouchFix is entitled to take back the delivered goods, if necessary after disassembly, and the buyer will fully cooperate in this respect. Furthermore, TouchFix is then entitled to full compensation.
- If there is aggression and/or threats towards TouchFix, this is regarded as an unlawful act (art. 6:162 DCC). On the basis of (art. 6:258 paragraph 1 DCC) unforeseen circumstances on the basis of reasonableness and fairness (art.6:2 DCC) the agreement is dissolved. The product will be returned for which shipping costs and any research costs will be charged.
Article 18 - Investigation(s) (costs)
- TouchFix will try to determine in advance what the problem to be repaired is with every request for repair. The expected costs will also be communicated. If it turns out that this analysis is not correct, no research costs will be charged.
If it is not clear in advance what the problem is (for example, the device does not display a picture, but the screen is not broken), the investigation costs are 19.99 euros including VAT. These costs must only be paid if the device cannot be repaired. These costs must also be paid if the device can be repaired, but the consumer or business user does not want to have the device repaired.
If the device to be repaired has water/moisture damage, the investigation costs are always 29.99 euros incl. VAT. These costs must be paid for both successful and unsuccessful repairs.
We also charge research costs if you cancel the repair after you have confirmed it. These costs depend on the costs already incurred for the repair (labour costs and any parts that cannot be reused)
- If during the repair it appears that the price of the repair will be higher than the cost estimate as stated on the work order or website, the consumer or business user will be asked whether he wants to have the product repaired for that higher price. In that case, the repair will only take place after the consent of the user. If the website does not report a cost estimate and the price can only be determined after research, the user will be asked if he wants to have the product repaired for that price. In that case, too, the repair will only take place after permission.
- The consumer or business user can, however, waive further services by TouchFix and then pay the shipping costs for the return shipment and any research costs unless otherwise agreed.
In some cases it is also possible for the consumer or business user to part with the device. This is only possible in consultation (depending on the residual value of the device). If the device is surrendered after consultation, TouchFix will become the owner.
Personal accounts must be removed (find-my-iPhone, Google account, Samsung account etc) before ownership can be transferred and costs for research and returns will be waived.
Article 19 - Force majeure
- TouchFix is entitled to dissolve the agreement or to suspend the fulfillment of its obligations if TouchFix is temporarily or permanently unable to fulfill its obligations due to force majeure.
- Force majeure means all circumstances that cannot reasonably be influenced by TouchFix. This explicitly includes the non-delivery or late delivery by third parties to TouchFix, unless the consumer can demonstrate that TouchFix is at fault in this respect.
Article 20 - Disputes
Only Dutch law applies to the agreement and these general terms and conditions of sale.