Terms and conditions
Welcome to the website Dr. Mobile. These Terms and Conditions of Use govern the access to and use of website Dr. Mobile. The access to and use of this website as well as the purchase of products on website Dr. Mobile are based on the assumption that these Terms and Conditions have been read, understood and accepted by you. This website is managed and maintained by Dyagroup B.V, with registered office in The Netherlands, at Daelderweg 21, 6361 HK, Nuth, with the company registration number NL 804406728 B01 (Chamber of Commerce). In case of any disputes, complaints, questions etc. you can reach us directly on the following telephone number 0900 - 39 62 349 (€ 0,45/min.) of per e-mail: firstname.lastname@example.org
The following terms have the stated meaning in this document:
Repairer: Dynafix Care B.V. or its subsidiaries that have their registered offices in the Netherlands and Belgium.
Customer: Any natural person or legal entity that submits a request for repairs to the Repairer.
Order: All requests made in writing or electronically by the Customer and accepted by the Repairer.
Device: Mobile telephone
Accessories: Batteries, chargers, memory cards, and other accessories for the device.
External Technical Service: Repair and/or service company that falls outside the Repairer's sphere of influence
2.1. These general terms and conditions apply to all agreements with the Repairer for the repair of consumer electronics.
2.2. The applicability of other terms and conditions, in particular the Customer's purchasing conditions, is hereby expressly excluded.
2.3. If and insofar as any provision of the general terms and conditions is annulled or declared void, the remaining provisions of the general terms and conditions remain fully in force. The Repairer shall then adopt a new provision to replace the annulled/voided provision, taking into consideration the purport of the annulled/voided provision as far as possible.
3. Registration of repairs
3.1. Repairs may be registered via the websites designated for that purpose. All necessary information can be found, inter alia, at http://web.dynafix.com/.
3.2. If the Customer fails to provide the requested information correctly or completely, the Repairer is entitled not to deal with the registration or to charge extra.
4.1. Unless agreed otherwise, the Customer is responsible for the device's transportation to the repair centre. Products must have protective and safe packaging and be labelled in accordance with the Repairer's requirements. All necessary information can be found, inter alia, at http://web.dynafix.com/.
4.2. Unless agreed otherwise, the Repairer is responsible for the return shipment of the product.
5. Inspection and repairs
5.1. The complaint(s) as described by the Customer is/are taken as the starting point for the repair. If there is no description of the complaint(s), or if the description is unclear, the Repairer repairs the identified defects.
5.2. If the fault identified by the Repairer does not fall under the warranty conditions stipulated in Article 7 (Warranty), the Repairer shall first give the Customer a quotation, unless agreed otherwise.
5.3. The Repairer commences with the repairs only after the Customer has accepted the quotation.
5.4. If the Customer does not accept the quotation, the Repairer is entitled to return the product to the Customer on payment of an inspection fee.
5.5. If the Customer fails to respond within fourteen days of the quotation, the Repairer is entitled to interpret this as a waiver of the right to the product. The Repairer reserves the right to return the product on payment of an inspection fee.
5.6. If the Repairer finds that the product is irreparably damaged and does not fall under the warranty scheme, it is entitled to return the product to the Customer on payment of an inspection fee.
5.7. The Customer may waive its right to the product at no charge. The Repairer shall then attend to the environmentally sound processing of the product at no further cost to the Customer.
6.1. New parts, alternative parts, or exchange parts, if this is customary practice for such a device, are used during the repairs.
6.2. Repairs must be carried out in such a way that the device meets the Customer's expectations once again.
6.3. After the repairs, the Customer receives a repair form with a short description of the work that has been performed.
7.1. In order to determine the warranty conditions for the product, reference is made to the manufacturer's warranty conditions, the law, or the vendor's additional warranty conditions.
7.2. After completing the repairs, the Repairer gives a three-month warranty on the repairs insofar as the new complaint can be attributed to the Repairer. The warranty period commences when the product is handed back to the Customer. No warranty is given on cleaning or maintenance, or on repairs made to products with lightning, water, or moisture damage.
7.3. If the complaints mentioned and/or described initially by the Customer return within 90 (ninety) days of the repaired products being handed back to the Customer, the Repairer gives a quotation for new repairs.
a. If the cause of the complaint is the same, only the parts that were not replaced during the previous repairs are charged to the Customer.
b. If the cause of the complaint differs from the previous repairs, the new repair costs are charged to the Customer.
c. The warranty commences again after the new repairs.
d. This repeat warranty ceases to apply in its entirety if the Customer or a third party has carried out repairs to the device after the initial repairs carried out by the Repairer.
8. Force majeure
8.1. The Repairer is not obliged to comply with any obligations towards the Customer if it is prevented from doing so by a circumstance for which it is not accountable by law, a legal act, or according to generally accepted standards.
8.2. The Repairer may suspend its obligations under the agreement for the period of the force majeure. If the force majeure lasts for longer than 60 (sixty) days, both the Customer and Repairer are entitled to terminate the agreement, without being obliged to compensate the damage suffered by the other party.
8.3. The Repairer is not responsible for damage to the device arising from force majeure situations, including fire, flooding, severe weather, earthquakes, burglary, leakage, etc.
9.1. The Repairer is liable for damage that it causes to the product. Unless agreed otherwise, the Repairer is also liable for damage arising from the loss of the product during the repair process or during transport to the Customer. The Repairer is not liable for consequential damage in any case.
9.2. The maximum liability of the Repairer is limited to the current market value of the product in question and capped at €400.00. The Repairer is entitled to send the Customer a replacement product instead of paying compensation.
10. Applicable law
The repair agreement is governed exclusively by Dutch law.
Additional conditions for repairing mobile telephones
11.1. The Repairer reserves the right to reset mobile telephones it receives to their original factory settings. This could mean that data is lost on devices.
11.2. The Repairer is not liable in any case for the loss or exchange of data.
11.3. The Customer should remove sensitive data from the device and memory card before sending in the device for repairs.
12. External technical service
12.1. Devices of brands that the Repairer is not authorized to repair may be presented for repairs at the External Technical Service authorized for that purpose. The Repairer reserves the right to charge additional administrative and logistical costs.
12.2. The general terms and conditions of the External Technical Service apply in full in addition to these terms and conditions.
13. Mobile telephone warranty
13.1. The Repairer does not deal under the warranty with devices that are presented without an IMEI sticker, or with an IMEI sticker that differs from the IMEI number programmed in the device.
13.2. The factory warranty ceases to apply if third parties, including unauthorized repairers, have worked on mobile telephones. The provisions of Article 7.4 under e. apply in full.
13.3. The device is returned to the Customer in the above cases. The Repairer is entitled to charge the incurred handling, inspection and transport costs to the Customer.
14. Accessories and SIM cards
14.1. Accessories need to be sent with the device only if they are relevant to the stated complaint. Each registration must clearly indicate which accessories have been sent with the device. If the accessories are not registered, the Repairer cannot be held liable for their loss.
14.2. Like other accessories, memory cards must be sent with the device only if they are relevant to the stated complaint. The Repairer is not liable for any loss of data on the memory card.
14.3. Sending SIM cards is not recommended and is done so entirely at the Customer's own risk. The Repairer is not responsible for the loss, misuse, and/or damage of SIM cards that are sent with devices.
15.1. Devices that are sent with a simlock are not unblocked by the Repairer. The device may be unblocked only after agreement is reached between the relevant operator and the owner of the device. The operator provides an unlock code in such a case. The Customer must arrange this directly with the operator.
15.2. The Repairer may return simlock devices that have been illegally unblocked or cannot be repaired without dealing with them. The Repairer is entitled to charge the incurred handling, inspection, and transport costs to the Customer.
16. Stolen or lost device
If it becomes apparent when handling the order that the serial number of the product is in a database of stolen or lost products, the Repairer reserves the right not to deal with the product. The Repairer is entitled to charge the incurred handling, inspection and transport costs to the Customer.