Terms & Conditions
1. Agreement for repair
1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your mobile telephone and/or any accessories listed (“Equipment”) on the collection receipt.
1.2 Reference to “us”, “we” and “our” refer to Broken-Apple and references to “you” and “your” are references to you, the person addressed on this form.
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you pass the device to a Broken-Apple representative and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
2.3 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.
2.4 We shall notify you when the Equipment has been repaired and is available for collection. If you do not collect the Equipment within 90 days, we may dispose of the Equipment. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.
2.5 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.
2.6 Our out of warranty/chargeable repairs are guaranteed for 30 dats from the date the device is returned to you from our offices. If the Equipment develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired part(s) only and does not include further damage to the repaired part(s). We are not liable for the postage costs of getting the device to us, but we do cover return postage for warranty repairs only.
2.7 We may in certain circumstances send your Equipment to another repair centre and sub-contract the repair work to a third party.
2.8 For devices that have dents to the metal rear covers or frame surrounds (particularly relevant for iPad front glass repairs), our technicians may need to straighten or file away small areas to ensure the correct positioning of replacement front glass/screens and to prevent any sharp edges causing injury. We make every effort to minimise the cosmetic appearance of such repairs. Generally, it is not necessary to replace the rear covers for minor dents, but if you prefer to have a cosmetically ‘perfect’ repair, we are able to fit brand new replacement rear covers for an additional charge if required.
2.9 We conduct testing both before and after repair to identify any additional faults with your device. For devices that have been given to us following accidental damage e.g. the device has been dropped or has experienced water damage, some internal components can be weakened but still appear to function normally. Whilst these weaknesses may not be evident on pre-testing, the repair process itself (by opening up the device) can sometimes cause these weakened components to develop a fault. Our technicians take great care when repairing your devices, but prevention of further damage to an already weakened component cannot be guaranteed. We will notify you of any additional repairs that may be required and will request your approval before proceeding. We are not liable if additional faults are identified as a result of the repair process itself. Whilst we make every effort to warn customers if there is potential for additional faults/complications, this cannot always be known in advance.
3. Additional terms for warranty repairs
3.1 The 30 day Warranty does not apply if the device has been subject to further accidental damage post-repair. For clarification, the definition for accidental damage includes (but is not limited to) cracked screens, dented frame’s and any other form of drop or impact.
3.2 Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.
3.3 If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause 4. We will endeavor to notify you of any such charge prior to undertaking any work.
4. Additional terms for chargeable repairs
4.1 If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.
4.2 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
4.3 The cost of repair may not fall within our standard charges where the Equipment is not generally supported by us, Equipment repairs are sub-contracted or the nature of repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair and we will not repair the Equipment until we have received your acceptance of that estimate.
4.4 If we are unable to repair your Equipment, no fault is found on your Equipment or decide not to go ahead with any repairs, we will return your Equipment to you un-repaired and we reserve the right to charge you an inspection/processing fee of £24.99 in accordance with our standard charges.
4.5 We may keep your Equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.]
5. Additional terms for customisation services
5.1 Colour’s displayed in the ColourSwap section are only intended as a guide to the actual colour on the finished product. Although we make every effort to ensure that the colour’s closely match the finished product, we cannot control how the colour’s appear on different screens and viewing devices.
5.2 Refunds will not be permitted for ColourSwap services unless the device has a fault as a result of our work.
5.3 If you are unhappy with the ColourSwap and wish to change it back to the original parts, we can do this for a nominal £25 fee.
6.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (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 option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.
6.2 If, through our negligence or willful misconduct, we damage the Equipment beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Equipment.
6.3 Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
6.4 Nothing in this clause 5 shall apply so as 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.
6.5 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 savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
6.6 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
6.7 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
6. Data Protection
6.1 We ask for your name and address and the other details (“Personal Information”) during the ordering process so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By submitting an order and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive text messages at any time you should write to us at firstname.lastname@example.org
7.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
7.2 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.
7.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall effect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
7.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
7.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
7.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
7.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
8. Delivery Policy
8.1 Once completed, your order will be returned by insured tracked mail. This is generally a next working day service, however this is not guaranteed and may be subject to delays that are out of our control. On some occasions when this delivery service is not available, we may use alternative carrier. Your package is fully tracked and a tracking reference is available.
8.2 All return deliveries are insured up to the value of £500. Should a device arrive damaged or is missing, please contact us the day it is delivered in order that a claim can be made on your behalf. To pursue a claim, we will require photographic evidence of ALL packaging received (including the outer delivery bag) and proof of initial purchase of the device. Please contact our customer service team if you have any enquiries of this nature. If you require additional insurance cover over £500 please notify us and this can upgraded for an additional fee.
8.3. The courier collection service is provided on a next working day basis e.g for orders place before 5pm Monday – Friday, collection will be arranged for the next working day (Saturday and Sunday are not classed as working days). If you order is received after 5pm, the earliest collection will be 2 working days later. The courier collection time is from 9 – 5:30pm, however you will be notified of a 1 hour time slot on the morning of collection. We cannot specify a exact time slot at the time of making a courier collection booking, however this can be amended if not convenient.
8.3 All packages collected by courier MUST be adequately protected. You will receive packaging instructions, but it is recommended that all devices are sent in their original box, placed inside a jiffy bag. We strongly recommend that you conceal the contents by using a plain wrapper. If the original box is not available, a similar alternative can be used, just ensure there is sufficient protection in place. Any damage to your device during transit is not covered under our insurance policy. If the device is lost or stolen during transit, this will be covered up to a value of £500. If you require a higher insurance amount, please contact us and we can arrange this for an additional fee. To pursue a claim, we will need proof of purchase for the device that was collected. For the avoidance of doubt, the value of your device will be deemed to be the current market value i.e. the price of a used/refurbished device of a similar age and condition.
8.4 All courier collections will be delivered to our offices the next working day, however as this is not a guaranteed service, delays can sometimes occur. Whilst we make every effort to speed up your repair should there be a delivery delay, we cannot be held liable for any financial loss or personal inconvenience that may occur.
9. Cancellation Policy
9.1 Under the Distance Selling Regulations, you have the right to cancel your repair contract within 14 days of us receiving your device. If you would like to cancel your repair contract, please email@example.com with your details.
9.2 We will not begin any repair work during the 14 day period unless you specifically request us to proceed. This is normally confirmed by email. For walk-in customers repairs will be started immediately unless you specifically ask us to delay the repair.
9.3 When we receive your device, we will contact you with an estimated total repair cost. If you wish to proceed with the repair service straightaway rather than wait 14 days, you will still have the right to cancel but you must pay for the value of the service that is provided up to the point you cancel. If the repair has been completed then you will be charged for the full repair cost. If the repair has only been partially completed, you will only be charged for the actual repair work completed.
9.4 If you decide to cancel your repair before any work has been undertaken we will provide a full refund but will charge a return postage and packing fee of £14.99.
9.5 If you decide to cancel your repair within the 14 day period, we will not be liable to pay for any postage/delivery costs you incurred in getting the device to us.
9.6 If your device is repaired and returned before the 14 day period has expired, you will lose the right to cancel the contract.
9.7 All refunds will be processed within 14 days from the date of request and repaid to the original form of payment.
9.8 Liquid Damage Service. This service is not a repair, but a thorough cleaning and inspection service. It does not guarantee that your device will be repaired, but simply that it is cleaned and fully tested. Should repairs be required e.g. replacement components, then these will be additionally charged. Once the cleaning and inspection service has been completed, the fee is non-refundable regardless of whether the device is repaired or not.
Updated 10th July 2015