Terms and Conditions of Repair
Vodafone Libertel B.V., Avenue Ceramique 300, 6221 KX Maastricht, The Netherlands. Chamber of Commerce number: 14052264
ARTICLE 1. GENERALThese Extraordinary Terms and Conditions apply to repair orders given to Vodafone Libertel B.V. (‘Vodafone’) with regard to devices and/or accessories, more specifically those related to telecommunications. In addition, the General Terms and Conditions for Consumers (Algemene Voorwaarden Consumenten, AVC) or the general Terms and Conditions for the Corporate Market (Algemene Voorwaarden Zakelijke Markt, AVZM) of Vodafone Libertel B.V. also apply. In the case of a Vodafone Garant insurance policy (insurance for devices bought in connection with a pay-monthly plan), the Terms and Conditions for Vodafone Garant also apply.
ARTICLE 2. PERFORMANCE OF REPAIRS1) The client can present his/her device for repair free of charge at one of the Vodafone shops.
2) The repair work will be performed after a fully and correctly completed repair order form has been signed by the client ('Contracting Party'). The repair order form ('Repair Order Form') is the form that the Contracting Party signed upon presenting the device and/or accessories for repair ('the Equipment'). The Repair Order Form includes a clear and as complete as possible description of the defect.
3) Repair work is defined as follows: inspection of the Equipment; determining the nature and cause of the defect and/or fault; the rectification or remedying of the defect and/or fault; and the testing of the Equipment after this repair work.
4) Vodafone guarantees the skilled and expert performance of the repair work (‘Repair Work').
5) Vodafone is permitted to have third parties perform the repairs.
6) The Equipment that is presented to a Vodafone branch for repair is insured against theft and loss until the moment at which it is returned to the Contracting Party.
7) During the Repair Work, data may be lost from both the permanent and removable sections of the memory of the Equipment. Vodafone is not liable for such losses of data and/or the damage or losses that could arise as a result of such data loss. In order to minimize the impact of this, Vodafone advises the Contracting Party to make a back-up of the data in good time.
8) In cases of Equipment that was not supplied to the Contracting Party by Vodafone, or Equipment for which a statutory guarantee does not apply or no longer applies and for which the Contracting Party cannot derived any rights for repairs free of charge, Vodafone is permitted to charge repair investigation costs and repair costs.
9) If defective Equipment is presented for repair, the Contracting Party has no right to a refund of and/or compensation for any part of the monthly plan payments during the repair period.
ARTICLE 3. FEES1) The Contracting Party is entitled to a properly functioning product. If the Equipment does not function as it should, and if this Equipment is presented for repair, such repairs may fall under the statutory guarantee of the Contracting Party.
2) Whether the repairs fall under the statutory guarantee is to be determined on the basis of the requirements of the law. Repairs of defects that have arisen through the actions of the Contracting Party or as a result of wear and tear arising from normal usage do not fall under the statutory guarantee under any circumstances. In the case of repairs that do not fall within the statutory guarantee, reasonable costs/repair investigation costs will be charged to the Contracting Party on condition that the repair is not required to be performed free of charge on the basis of the rights awarded by the law. These repair investigation costs amount to €36.30 (including VAT) per device presented.
3) If the Contracting Party cannot make a claim under the statutory guarantee, the repair fee that applied at the moment of entering into the repair agreement is payable, as are the applicable costs of the materials used/supplied.
4) In the case of repairs that do not fall within the statutory guarantee, a price estimate will be given to the Contracting Party prior to the performance of the Repair Work. If the Contracting Party accepts this price estimate, Vodafone will proceed with the repairs. If the Contracting Party does not accept the price estimate, the Contracting Party has a choice between waiving his/her right to the Equipment and the return of the Equipment to him/her in unrepaired state. If the Contracting Party waives his/her right to the Equipment, the ownership passes to Vodafone. If the Contracting Party opts for the return of the unrepaired Equipment, the Equipment is given back to the Contracting Party in unrepaired state. In that case, the Contracting Party is liable to pay the repair investigation costs.
5) In the case of repairs that do not fall within the guarantee, Vodafone reserves the right to perform additional repair work that is deemed necessary to resolve the complaint (or deemed necessary by the supplier of the Equipment). Without reporting back to the Contracting Party, additional repairs can be performed and the associated costs can be charged to the Contracting Party. If the repair costs exceed the value of the Equipment, the repairs will not be performed. The Equipment is then returned to the Contracting Party unrepaired.
6) When presenting the Equipment to Vodafone, the Contracting Party must submit the purchase receipt for the Equipment (or a copy of the receipt).
7) If after having received written notification from Vodafone that the Equipment can be collected the Contracting Party then neglects to collect the Equipment within a period of three months, the Contracting Party will be deemed to have waived his/her right to the Equipment and ownership passes to Vodafone.
ARTICLE 4. RETURN OF REPAIRED EQUIPMENT1) The Repair Order Form signed by the Contracting Party and initialled by Vodafone serves as proof of the Contracting Party having handed in the Equipment.
2) On request, the Contracting Party must show a valid proof of identity upon the return of the Equipment presented for repair, as well as presenting the Repair Order Form and signing for receipt of the Equipment.
3) The guarantee period for Repair Work is three months.
ARTICLE 5. INFORMATION PROVISIONIf the Contracting Party has any questions about repairs, he/she can contact the Vodafone branch at which the Equipment was presented for repair. Information about the repairs can also be gained by logging into My Vodafone. For information, the Contracting Party should always have the repair number to hand, as stated on the Repair Order Form.
Version March 2015