Terms and conditions

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 is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being 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 reflection period;
Day: calendar day;
Transaction of long duration: a distance contract regarding a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.

Article 2 – Identity of the entrepreneur

Company name: MobielRepair B.V.
Visiting address/postal address: Nieuwstraat 40, 3241CL Middelharnis
Phone number:☎️ 0187-724 988
E-mail address: info@mobielrepair.nl
Chamber of Commerce: 90156595
VAT number: NL☎️ NL865225795B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow 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.

3. Each offer contains such information that it is clear to the consumer what the rights and obligations associated with the acceptance of the offer are. This concerns in particular:

1. the price including taxes;

2. any delivery costs;

3. the manner in which the contract will be concluded and what actions are required for this;

4. whether or not the right of withdrawal applies;

5. the method of payment, delivery, or performance of the contract;

6. the period for acceptance of the offer, or the period for upholding the price;

7. the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;

8. if the contract is archived after conclusion, the manner in which it can be consulted by the consumer;

9. the manner in which the consumer can become aware of unwanted actions before concluding the contract, as well as the manner in which he can correct these before the contract is concluded;

10. any languages other than Dutch in which the contract can be concluded;

11. the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and

12. the minimum duration of the distance contract in the case of a contract that extends to the continuous or periodic delivery of products or services.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.
Of age: you must be eighteen years old and of age according to 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 the receipt of this acceptance has not been confirmed, the consumer can rescind the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
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 medium:
the visiting address of the entrepreneur's establishment 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 notification regarding the exclusion of the right of withdrawal;
information about existing after-sales service and guarantees;
the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
If the entrepreneur has committed 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

Upon the purchase of accessories, products, or parts, the consumer has the option to rescind the contract without giving any reason for fourteen days. This period commences 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 be able 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 supplied accessories 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 exercise 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 supplied accessories in unused, original condition and packaging to the entrepreneur, 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

Upon delivery of services, the consumer has the option to rescind the contract without giving any reason for fourteen days, commencing on the day of entering into the contract.
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 upon 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, at most the costs of returning the goods are for his account.
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 withdrawal.

Article 8 - Exclusion of 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 a timely manner before the conclusion of the contract.
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;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual 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:
concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
the delivery of which has begun with the explicit consent of the consumer before the reflection period has expired; (This means the following: when the consumer has indicated that repair by Rephone is permitted, this cannot be reversed once the repair has started)

Article 9 - The price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may 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 link to fluctuations and the fact that any stated prices are target prices are stated with the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the contract on the day the price increase takes effect.
The prices for consumers mentioned in the offer of accessories, parts, products, or services include VAT.

The prices for business customers mentioned in the offer of accessories, parts, products, or services exclude VAT.

The prices for repairs exclude any shipping costs, unless otherwise indicated.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract.
A scheme offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a failure to fulfill the entrepreneur's obligations on the basis of the law and/or the distance contract.
MobielRepair provides a 12-month warranty on:

- what has been repaired during a completed repair

- supplied accessories and products provided they have been handled with care

This warranty period commences at the moment of shipment of the purchased accessory, product, part, or performed repair to the consumer or business customer / the receipt of the purchased accessory, product, part, or performed repair.
For cleaning or maintenance, as well as repairs performed on products with lightning, water, sand, drop, or moisture damage, a warranty is only provided on the replaced parts, unless expressly stated otherwise on the repair invoice. It may happen that after investigation or repair, function improvement or impairment occurs due to corrosion of components (due to moisture damage). MobielRepair cannot be held liable for this as this is the result of the damage sustained in combination with the attempt to repair the device.
The warranty is void if the device is opened by the consumer or a third party after the repair has been carried out by MobielRepair. In case of external damage such as drop damage, pressure damage, and moisture damage, the warranty is automatically void.
When, within three months after shipment/receipt of the repaired product, the complaints mentioned in the original repair (see relevant invoice) return and the cause is clearly related to the previous repair(s), MobielRepair will try to resolve the defect under warranty.
For the same cause of the complaint, only those parts that were not replaced during the previous repair will be charged.
If it appears that the cause of the complaint is different from that of the previous repair, the costs of the new repair will be communicated to the consumer, after which the consumer may or may not agree to further handling of the repair.
After a renewed repair, the warranty period starts anew.
A recurring complaint is not by definition the same technical defect. When MobielRepair can demonstrate that the complaint is caused by other incorrectly functioning parts, this will be communicated to the consumer. (art 10:9)
There is never a right to a warranty if the consumer still owes MobielRepair any payment, unless the consumer can demonstrate that MobielRepair has been negligent.
When a part is ordered from MobielRepair and it is broken upon arrival (Dead On Arrival, DOA), you must report this to us.
After this, you may proceed to return it using an RMA (Return Material Authorization) procedure. When the part has broken while in the consumer's possession (due to incorrect use, repair, or negligence), an RMA procedure is not possible.
If we receive an item back during the RMA procedure that is DOA according to the consumer, but our inspection reveals that this is not the case (fraud), you will not receive a new item, and shipping costs will be charged again.

Article 11 - Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer or business client has made known to MobielRepair.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid 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 make an effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot 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.
When the device has previously been repaired by third parties, it is possible that errors were made during this repair. In these cases, MobielRepair will attempt to return the phone to its original state, for example, by adding missing parts and screws. When parts break during a new repair by MobielRepair because the device was handled carelessly by third parties, MobielRepair is not responsible for this.
MobielRepair always tries to perform the repair while you wait, unless the consumer has explicitly indicated not wanting this. Should it unexpectedly not be possible to repair the device, the next steps will be discussed with you. The repair will then be performed again at another time within 7 days. If it then appears that performing the repair is not possible due to one of the cases mentioned 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 additional part to correctly perform the repair, MobielRepair will first consult about this. The expected delivery time and the additional costs will also be discussed then. Other broken parts that are not repaired may become more damaged due to the repair. MobielRepair is not liable for this. Nor for small scratches that arise because we have worked on your device. We cannot guarantee that your device will still be fully dust and water-resistant after repair. When opening the device for repair, MobielRepair may remove affixed accessories to make the repair possible. MobielRepair is not liable for any damage to or loss of accessories.
MobielRepair requires full access to the device to be repaired for diagnosis and testing. Therefore, locks such as PIN codes and access patterns must be removed or provided in written form. If this has not been done, there is a high chance that the repair may take longer. If, after consultation, no access code is provided by the consumer or business user, MobielRepair cannot provide a warranty on the repair. If it subsequently appears that there are still problems after the repair, MobielRepair will only proceed with repairing if payment is made again for the labor costs incurred.
If you do not provide the requested information correctly or completely, MobielRepair has the right not to process the repair request or to charge additional costs.

If it turns out that the serial number of the device appears in a database of stolen or missing products, MobielRepair reserves the right not to process the device. MobielRepair is entitled to charge 100% of the incurred (repair) costs. Furthermore, MobielRepair is obligated to report this to the Police.

Article 12 – Duration transactions

The consumer may terminate an agreement that has been entered into for an indefinite period at any time, subject to agreed-upon termination rules and a notice period of at most one month.
An agreement that has been entered into for a definite period has a term of one year. After this period, a new invoice will be sent for payment for the coming year. If the invoice is not paid, the agreement will be terminated. If payment is made, the agreement will be extended by one year. After each period of one year, the consumer or business user may choose to extend the agreement or terminate it.

If it has been agreed that in the event of the consumer's silence the distance agreement will be extended, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

Article 13 - Payment

Insofar as not agreed upon 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 for the provision of a (repair) service. After a repair is completed, MobielRepair sends 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 their rights and transfers ownership to MobielRepair.
Insofar as not agreed upon later, the amounts owed by the business user must be paid before the moment of delivery of the good. This is also the case for an agreement for the provision of 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 an advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer. (art 13:5)
The consumer must reimburse MobielRepair 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 to be increased by VAT.
In the event of non-payment of any invoice from MobielRepair on the due date, all amounts under any other invoice are immediately due and payable.

If payment has not been made 6 months after completion of the repair, MobielRepair assumes that the repaired device is no longer needed, and ownership is thereby transferred to MobielRepair.

Article 14 - Complaints procedure

MobielRepair has a complaints procedure and handles the complaint according to this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 14 days after the invoice date, after the consumer has discovered the defects. This can be done by telephone, but preferably in writing by email.
Complaints submitted to MobielRepair will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, MobielRepair will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15a - Shipping

Consumers and business users who send a product to MobielRepair are explicitly advised to do so by registered mail. MobielRepair cannot be held liable for damage to 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 necessities, navigation systems, e-readers, smartwatches, game consoles, music players, cameras) must always be packed in a box, filled with proper padding. The box must then be properly sealed to minimize the risk of theft from the box.
ATTENTION: please do not use the 'sales packaging' for shipping. Accessories should not be sent with the article to be repaired. We are not liable for the loss of these accessories. So, do not forget to remove your case, SIM card, and any memory card.

Article 15b - Shipping

MobielRepair offers various 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 in a timely manner by MobielRepair, after which the new rate will be charged.
If the outside of a package/transport box is damaged upon receipt, or the seal/closure is broken, the package/transport box should not be accepted by the consumer or business user. If this is done anyway, the right to compensation for damage expires. In the event of any loss or damage, this will be handled by MobielRepair with the carrier. MobielRepair will refund the damage amount directly after the carrier has processed and approved the claim.

Article 16 - Loss of data

MobielRepair is not responsible for any loss of data. In exceptional cases, it may happen that data is lost. Therefore, the consumer or business user must create a back-up themselves before a repair. This back-up includes the following: personal data, software, applications, and information. Also, wipe/delete data, files, peripherals, expansion memory, and/or personal or confidential information. The consumer or business user is therefore responsible themselves.

Article 17 - Dissolution

If, after three consecutive attempts (written notifications via email (minimum 1) / telephone contact) by MobielRepair to the consumer that the product is ready and the consumer has failed to arrange for payment for a period of 30 days, MobielRepair is authorized to sell the product and recover the amount owed from the proceeds. (art 13:4-art 13:5)
For devices where, after examination, it appears that the device can no longer be repaired in an economically feasible manner, the customer will be informed of this via the email address known to us. In it, the choice is given 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 email, MobielRepair 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 examination, it appears that the device can no longer be repaired in an economically feasible manner, the customer will be informed of this via the email address known to us. In it, the choice is given 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 email, MobielRepair 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 MobielRepair, if he becomes bankrupt, applies for a moratorium on payments, or if one of his assets is seized, MobielRepair has the right to consider the agreement dissolved by the mere occurrence of this circumstance, without notice of default being required.
After dissolution, including on the basis of (art. 18:3), MobielRepair is entitled to take back the delivered goods, if necessary after dismantling, and the buyer will provide all cooperation for this. Furthermore, MobielRepair is then entitled to full compensation.
If there is aggression and/or threats towards MobielRepair, this is seen as an unlawful act (art. 6:162 of the Dutch Civil Code). Based on (art. 6:258 paragraph 1 of the Dutch Civil Code), unforeseen circumstances based on reasonableness and fairness (art. 6:2 of the Dutch Civil Code), the agreement is dissolved. The product is sent back, with shipping costs and any research costs being charged.

Article 18 - Research (costs)

MobielRepair will attempt with every repair request to determine in advance what the problem to be repaired is. The expected costs will also be communicated here. When it turns out that this analysis is not correct, no research costs will be charged.

When it is not clear in advance what the problem is (for example, the device shows no image, but the screen is not broken), the research costs are 19.99 euros including VAT. These costs only need to 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 research costs are always 29.99 euros including VAT. These costs must be paid for both successful and unsuccessful repairs.

We also charge research costs when you cancel the repair after you have confirmed it. These costs depend on the costs already incurred for the repair (labor costs and any parts that cannot be reused).

If during 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 if they want to have the product repaired for that higher price. In that case, the repair only takes place after the user's permission. When the website does not state a cost estimate and the price can only be determined after examination, the user will be asked if they want to have the product repaired for that price. In that case too, the repair only takes place after permission.
The consumer or business user can, however, refrain from further service by MobielRepair and then pays 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 waive the device. This is only possible in consultation (depending on the residual value of the device). If, after consultation, the device is waived, MobielRepair will become the owner.

Personal accounts must be removed (Find My iPhone, Google account, Samsung account, etc.) before ownership can be transferred and the costs for research and returns are waived.

Article 19 - Force majeure

MobielRepair is entitled to dissolve the agreement or suspend the performance of its obligations if MobielRepair is unable to perform its obligations temporarily or permanently due to force majeure.
Force majeure is understood to mean all circumstances that cannot reasonably be influenced by MobielRepair. This expressly includes the failure of third parties to supply (on time) to MobielRepair, unless the consumer can demonstrate that MobielRepair is significantly to blame in this regard.

Article 20 - Disputes

The agreement and these general terms and conditions of sale are exclusively governed by Dutch law.