1. SIMPLY FIXABLE, INC.’S TERMS
1.1 What do our terms cover?
On these terms and conditions we explain which products we supply to you, and whether these are goods or services. The products will be for replacement device parts and one-of device repair services - In most cases.
1.2 Why it's important to read them
Before you submit your order to us, please read these terms thoroughly. These terms explain to you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms & conditions, please contact us with email ([email protected]) or call to +1 (212)-444-2929 to discuss.
2. INFORMATION ABOUT SIMPLY FIXABLE AND HOW TO CONTACT WITH SIMPLY FIXABLE
2.1 Who we are
Simply Fixable is an incorporated company registered in New Jersey state. Our company’s EIN number is 863854477 and our registered office is at 425 Madison Ave, Suite 1401, New York, NY, 10017.
2.2 How to contact us
You can contact us for all general enquiries by toll free number, our customer service team at +1(212) 444-2929 or by sending us an email at [email protected] Or to our mailing address 425 Madison Ave, St 1401, New York, NY, 10017
2.3 How we may contact you
If we have to contact you we will call you by phone or by sending an email to you at the email address or to your mailing address you provided to us in your order.
3. YOUR AGREEMENT WITH US
3.1 How we accept your order
We email you an order confirmation to accept it, at which point an agreement will come into existence between you and Simply Fixable, Inc.
3.2 What if we cannot accept your order?
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service. This might be because the service or parts are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your service number
We will send an order number to your email address that you provided to us when we confirm your order. It will be helpful whenever you contact us to provide your service number to check your order status .
3.4 Our Service covers only the United States
Our website is solely for the promotion of our products in the United States and we do not accept orders from addresses outside the United States.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. OUR RIGHTS TO MAKE CHANGES
We may change the service order:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
We will let you know if these changes will affect your use of the product.
6. PRICING AND PAYMENT
6.1 The price is indicative only and may change.
(a) Device repair service. Before starting to provide any device repair service, Our certified technicians will diagnose your damaged device. There is no charge on device diagnosis. After our team members confirm the pricing with you, they will start to repair your device. The price of the service suggested on the order pages when you place your order is an indicative non-binding price based upon information provided by you, including, for example, the problem on the device. Accordingly, any such indicative price is subject to detailed verification by us upon inspection of your device. If there is any change to the price (for example, because the information you have provided to us is incorrect, or if we identify additional defects, or if you have booked the wrong repair type, or we have made a mistake in communicating the pricing to you, we will notify you so you may decide whether or not to use our service. If you choose not to proceed, we won't confirm the ordered goods/services, and will have no liability to you other than to refund any amount previously paid by you less (at our discretion) the amount(s).
6.2 Tax rate
You agree to additionally pay sales tax for each sales regulated by each state sales tax policy; some sales tax requirements also exist at the federal level
6.3 When you have to pay and how you have to pay.
We accept payment within the ways setted up on our retails stores and website. In retail store locations you pay for services/goods after we accept your order, but for any website purchase you must pay for the services/goods before we accept your order, but in retail store locations you pay for services/goods after we accept your order. DELETE (WE DO NOT CHARGE ANY UPFRONT FEES FOR DEVICE REPAIR REQUESTS ON OUR WEBSITE)
6.4 Credit Terms
If you are a business customer we may from time to time offer you a credit limit and revised payment terms, subject to status. We may set and vary such credit limits from time to time and withhold all further supplies of our services if you exceed such credit limits or payment terms.
7. PROVIDING THE PRODUCTS
7.1 Our technicians
Our repair services are supplied by our repair technicians, each of whom has background checked and trained technical assessment to ensure our services will be supplied to a high standard.
7.2 We are not responsible for delays outside our control
If our supply of the services is delayed by an event outside our control (such as unavailability of required parts) then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any products you have paid for but not received.
7.3 If you are not available at the arranged timeslot
Device repair services- If you (or your device) are not present at the agreed repair location address at the arranged time on the repair date, we will attempt to contact you and our technician will wait at the repair location for a maximum of 15 minutes. If we cannot contact you or you are unable to attend in sufficient time to allow us to complete the ordered repair in the arranged timeslot, or if we are otherwise unable to supply the products as arranged: we will end the agreement and clause 12.2 will apply.
7.4 What will happen if you do not give required information to us
We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the products on our website and/or we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the agreement (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may delay the supply of products to you
We may have to delay the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you (see clause 5).
7.6 Our provision of the products is subject to conditions
By placing an order, you:
(a) authorize and consent to us performing the necessary services on your device;
(b) acknowledge that whilst our technicians are trained specialists, we are not an authorized service provider for any manufacturer of any brand of device and have no affiliation with any device manufacturer
(c) acknowledge that we may have to reset the manufacturer's factory/default settings for your device, and that this process might delete any data, personal information or settings held on your product;
(d) acknowledge that you are solely responsible for removal of any SIM card, memory card, case, screen protector or other accessory from your device prior to our provision of services;
(e) acknowledge that you must back up your device prior to our provision of services;
(f) agree that where our services relate (in any way) to liquid damage on your device there is no guarantee that we will be able to repair your device, but we will still be entitled to charge the full price; any refund will be at our discretion;
(g) agree that it is your responsibility to provide accurate information regarding your device (including model and condition) and to detail any modifications or repairs that have previously been attempted or completed. We will perform a check-in diagnosis of your device to evaluate its condition. If the device is in noticeably different condition than as described, you agree that additional charges may apply as detailed in clause 6.1;
(h) agree that we only provide a limited warranty to any battery replacement as per clause 9.3(b); and
(i) agree that ownership of any damaged or defective parts removed from your device in the course of provision of the repair services passes to us.
8. DEVICE REPAIR SERVICES “NO FIX” POLICY
8.1, we offer a “no fix” policy in relation to our device repair services, by which if we are unable to repair your device, you do not pay any fee in relation to the products we have supplied. We will, however, be entitled to charge the amount(s)
8.2 This policy does not apply:
(a) where the services include repairs for liquid damage (as per clause 7.6(f));
(b) to any element of our products that have been successfully delivered or completed. For example, if your device requires a screen replacement (completed successfully) and fixing the power button (not completed), this policy would apply to the costs of repairing the power button, but you would still be required to pay for the screen repair (but there would, in this example, be no additional call out charge); or
(c) to a battery replacement.
8.3 Where this policy applies, we will refund any sum previously paid by you less (at our discretion) the amount(s)
9. YOUR RIGHTS TO END THE AGREEMENT
9.1 You can always end your agreement with us.
Your rights when you end the agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the agreement and whether you are a consumer or business customer:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the agreement (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14 if you are a consumer and clause 15 if you are a business;
(b) if you want to end the agreement because of something we have done or have told you we are going to do see clause
(c) if you are a consumer and have just changed your mind about the product, see clause 9.5
You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 9.3.
Ending the agreement because of something we have done or are going to do. If you are ending an agreement for a reason set out at (a) to (d) below the agreement will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have delayed supply of the products for technical reasons, or notify you we are going to delay them for technical reasons, in each case for a period of more than one week; or
(d) you have a legal right to end the agreement because of something we have done wrong.
9.4. Your right to change your mind if you are a consumer
(Consumer agreements Regulations 2013). If you are a consumer then for some products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. However, due to the type of products we supply, this right to change your mind will not apply in respect of:
(a) services, once these have been completed, even if the cancellation period is still running; or (b) any products which become mixed inseparably with other items after their delivery.
9.5 How long do consumers have to change their minds?
If you are a consumer and have ordered our services/product you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the service you cannot change your mind, even if the period is still running. If you cancel after we have started either of the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9.6 Ending the agreement where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9.1), you can still end the agreement before it is completed, but you may have to pay us compensation. Our agreements are completed when we have finished providing the services and you have paid for them. If you want to end an agreement before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The agreement will end immediately.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 How we will use your personal information.
10.2 When you contact us, we may ask for this personal information to be able to check your identity and we may make a note of this contact if it is relevant to your record.
10.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
11. TELL US YOU WANT TO END THE AGREEMENT
To end the agreement with us, please let us know by doing one of the following:
(a) Phone or (an) email. Call customer services on +1(212)-444-2929 or email us at [email protected] Please provide your name, service address, details of the order and, where available, your phone number and email address.
b) By post. Print off the form appearing at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you purchased, when you ordered or received it and your name and address.
11.1 How we will refund you
If you are entitled to a refund under these terms we will refund you by the method you used for payment. However, we may make deductions from the price, as described in these terms.
11.2 When we may make deductions from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind and:
we have commenced the supply of the services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the agreement, subject to any minimum charge ($29) when your refund will be made. We will make any refunds due to you as soon as possible but always within 14 days of your telling us you have changed your mind.
12. OUR RIGHTS TO END THE AGREEMENT
12.1 We may end the agreement if you break it.
We may end the agreement for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you are not present at the agreed address at the arranged time to allow us to supply the services as detailed in clause
12.2 You must compensate us if you break the agreement.
If we end the agreement in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a $29 charge (as compensation for the net costs we will incur as a result of your breaking the agreement).
12.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
13. IF THERE IS A PROBLEM WITH THE PRODUCT.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can call our customer service team at (212) 444-2929 or write to us at [email protected] or Simply Fixable, inc. 425 Madison ave, st 1401, New York, Ny, 10017
14. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
14.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this agreement.
14.2 Nothing in these terms (including the warranty at clause 9) will affect your legal rights.
15. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
15.1 Subject to clause
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such a product to us or allow us to collect it from you, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
15.2 We will not be liable for a product's failure to comply with the warranty in clause 9 if:
(a) you make any further use of such product after giving a notice in accordance with clause 15.1(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good practice;
(c) you alter or repair the product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
15.3 Except as provided in clause 15, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 9.
15.4 These terms shall apply to any repaired or replacement products supplied by us under clause 15.1.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
16.1 Subject to some exceptions, we are responsible to you for foreseeable loss and damage caused by us. Subject to clause
16.2 If we fail to comply with these terms
We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us prior to placing your order.
16.3 We are not responsible for certain loss and damage
The exceptions, where we are not liable to you, are:
(a) any claims or damages of any kind or description that may arise from any repair work performed on your device, unless it is caused by our negligence;
(b) loss, deletion, amendment to or corruption (howsoever caused) of any data or information that you have stored on your device;
(c) data loss, corruption, deletion, or alteration, and hardware or software failure on SIM cards and memory cards;
(d) any damage to or loss of any SIM card, memory card, case, screen protector or other accessory that you have failed to remove from your device;
(e) any loss of damage arising from your failure to comply with any of the conditions set out in clause 7.6;
(f) when services performed by us void manufacturer warranties for your device. If you do not wish to void your warranty, you should not place an order with us but should contact the device manufacturer; (g) any failure to repair any liquid damaged device; (h) where it is not possible to repair your device (as we cannot guarantee that your device is capable of being repaired); and (i) any waterproof (or water-resistant) device no longer being waterproof (or water resistant) following completion of our services.
16.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub agreements; for fraud or fraudulent misrepresentation; for breach © SIMPLY FIXABLE, inc. 2022 Page 13 of 16 Terms & Conditions – JUNE 2022 of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
16.5 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or resale purpose our liability to you will be limited as set out in clause 17.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
17.1 Nothing in these terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or sub agreements (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2 Except to the extent expressly stated in clause 9 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
17.3 Subject to clause 17.1:
(a) we shall not be liable to you, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise:
(i) for any loss of profit, or any indirect or consequential loss arising under or in connection with any agreement between us;
(ii) any claims or damages of any kind or description that may arise from any repair work performed on your device, unless it is caused by our negligence;
(iii) loss, deletion, amendment to or corruption (howsoever caused) of any data or information that you have stored on your device;
(iv) data loss, corruption, deletion, or alteration, and hardware or software failure on SIM cards and memory cards;
(v) any damage to or loss of any SIM card, memory card, case, screen protector or other accessory that you have failed to remove from your device;
(vi) any loss of damage arising from your failure to comply with any of the conditions set out in clause
(vii) when services performed by us void manufacturer warranties for your device. If you do not wish to void your warranty, you should not place an order with us but should contact the device manufacturer;
(viii) any failure to repair any liquid damaged device;
(ix) where it is not possible to repair your device (as we cannot guarantee that your device is capable of being repaired); and
(x) any waterproof (or water-resistant) device no longer being waterproof (or water resistant) following completion of our services; and (b) our total liability to you for all other losses arising under or in connection with any agreement between us, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total paid by you for products under such agreement.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will tell you in writing if this happens.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this agreement (except someone you pass your guarantee on to).
This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this agreement and where you may bring legal proceedings if you are a consumer. These terms are governed by The United States law and you can bring legal proceedings in respect of the products in the United States courts.
18.7 Which laws apply to this agreement and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a agreement between us or its subject matter or formation (including non-agreements disputes or claims) shall be governed by and construed in accordance with the law of The United States and The New York State courts of United States
19. Safety of our employees
We understand that people can become frustrated if matters do not proceed as they anticipated. However, if that frustration escalates to aggression towards Simply Fixable, inc. then we consider that unacceptable. Any abusive or aggressive behavior toward our staff will not be tolerated and will result in your Order being declined with immediate effect. Aggressive or abusive behavior includes any language behavior that may cause staff to feel afraid, alarmed, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. We also consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations to be abusive behaviour.
SIMPLY FIXABLE, inc.
425 Madison Ave, st 1401
New York, NY, 10017