Terms of services
1. Agreement for repair
1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service (“Service”) we provide to repair your smartphone, tablet, computer and/or any accessories (“Device”) on the service check-in form.
1.2 Reference to “us”, “we” and “our” refer to phonefixessex and references to “you” and “your” are references to you (“Customer), the person addressed on this form.
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you sign the service check-in form and shall continue until we have repaired or otherwise returned your Device, whichever is sooner, and received any payment due from you.
2.2 We shall make reasonable efforts to repair your Device subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Service using our utmost care and skill.
2.3 We offer both high-quality after-market and OEM (genuine) parts (where possible) for the repairs of your device.
2.4 Where specified we also offer genuine Apple parts sourced from Apple. In such scenarios we will use Apple diagnostics, tools, and processes to make sure your Apple product repair is done safely and reliably.
2.5 We perform a series of tests when booking a device in for repair. If the device is not testable during this stage, phonefixessex is not liable for any faults found, therefore, we shall require the passcode of your Device to test the Device before and after the Service. Should you prefer to keep this information private, we can still proceed with an appointment, but will not be able to perform a full functional check on the Device until you return to the store, which can delay the provision of the Service, if any adjustments need to be made.
2.6 Any time estimate for completion of the service, which may be given to you, is an estimate only and does not form any obligation under the terms of this Agreement. We will aim to return your Device as soon as reasonably possible, however, any Board Level (Level 3) repairs (i.e. repairs to the logic board of the Device) may take at least 5 working days to be completed.
2.7 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you beyond that initially estimated by us, we will notify you immediately via telephone and/or email. If no fault is found on your Device or you do not accept our revised estimate, we will return your Device to you unrepaired and we reserve the right to charge you a diagnostic fee in accordance with our standard charges.
2.8 In order to complete a diagnostic or repairs it may be necessary to disassemble the device, which may result in further damage to the device. phonefixessex takes no liability for any further damage to the device because of any existing damage. phonefixessex will not cover the cost of replacement parts in any circumstances, including if the device is not repairable.
2.9 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
2.10 Diagnostics are a chargeable, non-refundable service.
2.11 We shall notify you when the Device has been repaired and is available for collection from the service centre. If the device has not been collected, it will be transferred to our central warehouse for storage. Any delivery from our central warehouse will be chargeable. If necessary, we shall send a reminder, and the device will be recycled if not collected by day 56.
2.12 We shall be entitled to keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.
2.13 By proceeding with our repair services, you agree that any part(s) removed during the repair process will be retained by us for the purpose of safe and environmentally responsible recycling.
2.14 Use of our service may void your manufacturer’s warranty. If you would like to avoid this, then please take your Device directly to the manufacturer. Please note, your manufacturer’s warranty will not cover any accidental damage.
2.15 phonefixessex will install warranty seals following the repair. Any tampering of the seals will void the phonefixessex warranty.
2.16 Our products and repairs are covered by the warranty terms outlined in the table below:
2.17 Our products and repairs are covered by the warranty terms outlined in the table below:
2.18 The Warranty is linked to a specific device as identified by its unique IMEI or serial number and to a specific Customer as identified by the records on our system. It will cover the Customer for any reoccurrence of the original fault and for the part replaced/repaired only; however, if additional faults arise, they will not be covered under the terms of this Warranty. Furthermore, the Warranty will not cover accidental damage, nor will the cover extend should the device change ownership.
2.19 All repairs carried out by phonefixessex will have warranty seals applied; whenever a device is returned for a warranty repair, the integrity of these seals is confirmed. If these seals are found to be missing or tampered with, phonefixessex reserves the right to void any warranty attached to the device.
2.20 Our warranty coverage is applicable solely to customers who are currently residing in the United Kingdom.
2.21 Warranty repairs do not cover any additional travel, postage, or courier costs incurred.
2.22 We do not accept responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair at phonefixessex or any issues found in your Device (i.e., ‘Touch Disease’, ripped flex) which were not evident upon initial inspection. Should any issues become evident, once the Device is opened, we will contact you via telephone/email.
2.23 We do not accept responsibility for any progression in damage for Devices that have been damaged by liquid. Opening the Device could set off further damage which in some cases may be very serious and irreparable.
2.24 We ask our customers to monitor their Device post liquid damage repair, as unknown issues can arise soon after treatment for liquid damage, which are beyond our control.
2.25 Should your Device display any further issues relating to the liquid damage during the Warranty period, we will reassess and re-quote for the work needed. We will also offer a full refund of all monies paid by you with respect to repairs carried out to your Device, excluding the Diagnostic fee, should you wish to take this option.
2.26 Following repair, any waterproofing or resistance cannot be guaranteed.
2.27 Upon collection of the device, we ask our Customers to inspect the device before accepting it as repaired. Should any questions arise regarding the condition of your Device upon collection, please raise this with a member of the store team.
2.28 Where parts are required to be ordered for your repair, we require the repair to be fully paid before the parts are ordered and is a non-refundable service.
2.29 Only one promotional discount may be applied at any one time and subject to the discretion of the management. All valid discounts and promotions must be applied at the point of sale.
2.30 Packaging for courier repairs will be provided on the return journey to customers, but it is the customer's responsibility to pack all devices securely before collection by the courier service provider.
2.31 If you request a refund for a repair, we reserve the right to reverse any repair completed and retain any necessary parts to process the refund. We cannot guarantee that your original part will be returned; we will provide a part in a similar condition to the part that was initially attached to the device when the repair was initially started. By requesting a refund, you acknowledge and accept these terms.
3. Trade-in
3.1 You confirm that you consent to phonefixessex UK Trading Limited (phonefixessex) using your information (including name, address, telephone number, email address, Device make/model/IMEI/network) to allow us to process your trade-in and contact you and the network in relation to the trade-in and unlocking of the Device only.
3.2 You will be deemed to have accepted these terms and conditions ("Conditions") when you provide us with the device you wish to trade in (the "Device") by either handing us the Device if you trade in in-store or sending the Device to us if you trade in online or over the telephone. Before providing us with the Device, if you have any questions relating to these Conditions, please contact us via our website.
3.3 It is your responsibility to independently review any specific terms relevant to the manufacturer or company you wish to trade your device into and to fully understand and accept the trade-in terms and any warranty implications associated with the trade-in process. We cannot be liable if your warranty terms are voided by use of our service. By agreeing to our repair services, you acknowledge and accept these terms.
3.4 You have a 14-day cooling-off period, starting from the date of purchase, to return your renewed device for a full refund. After this period, we reserve the right to repair or replace the device in accordance with our standard warranty terms.
3.5 You confirm that you are either the owner of the Device or you have obtained express permission from the rightful owner to trade in the Device.
3.6 The Device must not be stolen or listed with us or a third party as stolen. We will check the Device with CheckMEND, from the suppliers of IMMOBILISE as used by UK Police forces to trace stolen and missing property. If the Device fails any due diligence check, we may notify the relevant police authority, and we may pass the Device and your details to them, and the Quoted Value will not be paid to you.
3.7 The Device must not have been purchased from phonefixessex within the 30 days prior to trade-in.
3.8 The quoted Device trade-in value ('Quoted Value') will be determined by us or a third party on our behalf based on the make and model of the Device.
3.9 If the Device contains a SIM card, you must remove this along with any accessories prior to trade-in. We will not be liable for any consequences of you not removing the SIM card or accessories, including any payments associated with the Device or the SIM card.
3.10 Data stored on the Device that you wish to retain must be saved elsewhere, and you must remove any memory card and/or all data that has been put onto the Device prior to trade-in. We will not be liable for any damage, loss, or erasure of any such data or for any consequences of you not removing your data or memory card, including use or disclosure of such data.
3.11 We may deem the Device to be a ‘Like New’, ‘Very Good’, ‘Good’, ‘Acceptable’, or ‘Unacceptable’, where a:
- ‘Like New’ Device is in pristine condition with no signs of wear or use.
- ‘Very Good’ Device may show minimal signs of wear and light usage.
- ‘Good’ Device may have noticeable signs of wear and usage, including minor scratches.
- ‘Acceptable’ Device may have significant signs of wear, including scratches and dents.
- ‘Unacceptable’ Device is in poor condition and may not be eligible for trade-in.
For trade ins in-store only:
3.12 We will pay the Quoted Value onto your debit card where available within 3 working days; or
3.13 The value can be used to create a Trade-in credit note against any purchase you make in-store; or
3.14 The value can be used as part or full payment for other products. When the Trade-in value exceeds the cost of the purchased product(s), any remaining value can be refunded onto a debit card or used to create a Trade-in credit note.
3.15 Once you have traded in the Device, it will not be returned to you under any circumstances.
For trade ins online and by telephone only:
3.16 Following your acceptance to trade in, we will send you a pre-paid addressed padded envelope (the "Envelope") within 3 working days. We will only accept the Device if it is returned to us in this Envelope. We will not be liable for the loss of your Device before we receive it;
3.17 In order to honor the Quoted Value, we must receive the Device within 14 calendar days of your acceptance to trade in; and
3.18 Provided the Device received is as advised by you and has been received within the 14 calendar days in the Envelope, we will send you a cheque within 7 working days or make a transfer via BACS for the Quoted Value within 7 working days of receipt of the Device.
3.19 If the Device received does not completely match the description and detail as advised by you or we have not received it within the 14 calendar days, we will contact you to give you the option either to have the Device returned to you at our cost, in which case no value will be paid to you, or proceed with the trade-in at a new value advised to you. If you do not respond to this contact as advised therein within 7 working days, we will assume that you have accepted our revised offer and proceed with payment accordingly. Should you wish to make a complaint about the trade-in service, you may do so in writing addressed to iSmash Head Office, Third Floor, North Greenhill House, London, EC1M 6BF
3.20 Both parties' aggregate liability in relation to these Conditions (whether in contract or for negligence or breach of statutory duty or otherwise howsoever and whether to any entrant or otherwise) for any loss or damage shall be limited to and in no circumstances shall exceed £100 for any one incident or series of related incidents.
3.21 iSmash reserves the right to withdraw or to change the terms of this offer at any time. Changes will be published on our website at www.ismash.com/pages/terms-conditions
3.22 Nothing in these terms and conditions shall affect your statutory rights.
3.23 These Conditions are governed by English Law and the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions.
3.24 Each clause of these Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
3.25 Calls to our telephone numbers should be charged at local rates but may vary from some providers and mobile phones. Calls may be monitored and/or recorded.
4. Liability
4.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our exclusive option to:
- (a) supplying the Services again
- (b) payment of the cost of having the Services supplied again; or
- (c) repaying you any amount that you have paid in respect of the services in exchange for returning your device to a similar condition as it was received
4.2 If your Device is damaged beyond economical repair as a direct result of a service or repair undertaken by iSmash, you are entitled to a fully functional refurbished device of equal value to your Device, based on its model and condition as received and with the original repair issue resolved. To receive a replacement device, full payment must have been received for the repair service and the relevant damaged device must be surrendered to iSmash. Your original device will be kept by iSmash, and any replacement device may take up to 10 working days to be provided; however, all efforts will be made to provide a replacement sooner.
4.3 Any data or information that you may have stored on the Device shall remain your sole responsibility, and we accept no liability for the loss or corruption of such data however caused, and we, therefore, highly recommend that you back up your Device onto an external drive before commissioning our Service. It is your responsibility to keep a record of any such data.
4.4 In the unlikely event that your Device is lost or stolen while in the possession of iSmash, we will notify you at the earliest opportunity and make arrangements to replace the device on a like-for-like basis within a reasonable period of time. Where, for reasons beyond our control, it is not possible to replace the Device with the same model or variant, we will offer an alternative or similar specification and condition.
4.5 Nothing in this clause 3 shall apply to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
4.6 In no circumstance shall we be liable to you for any indirect, special, or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated saving, goodwill, or any other indirect or consequential loss or damage of whatsoever nature howsoever arising. This includes but is not limited to any travel or transportation costs or loss or damage to accessories.
4.7 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three months of becoming aware of the circumstances giving rise to the claim or, if earlier, three months from the time you ought reasonably to have become aware of such circumstances.
4.8 If you use our “Central Workshop repair service,” be aware we will be working on the component level of your logic board; therefore, we cannot guarantee a fix on the device. Due to the nature of the repair, there is always a possibility that the damage may worsen to the stage where the device is BER (beyond economical repair). In these circumstances, we will refund all payments for this repair. We offer a 1-month warranty on Central Workshop repairs on work carried out.
5. Data Protection
5.1 We ask for your name and address and any other relevant details so that we can notify you when your Device has been repaired and provide you with an efficient after-sales service. We may also send you text messages and/or emails from time to time to alert you to new services and promotions if you have opted in to receive marketing communications. You can find more information on how we process your personal data in our privacy notice. Link to our Privacy Policy
6. General
6.1 We shall not be liable to you for any delay in our failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
6.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay, or indulgence will not be construed as a waiver of such rights under this Agreement or otherwise.
6.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter.
6.4 This Agreement may not be amended, modified, varied, or supplemented except in writing signed by or on behalf of you and us.
6.5 If any part of this Agreement is found to be void or unenforceable, it will be severed from the rest of the Agreement so that it is effective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
6.6 Nothing in this Agreement shall confer on any third party and benefits under the provisions of the Contracts (Rights of Thirds Parties) Act 1999.
6.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.