Terms and conditions of sale Fairphone

At Fairphone, We are changing the industry from the inside out. Our mission is to establish a viable market for sustainable consumer electronics by supplying Our Products to Customers.

It might not be the most exciting part, but the present terms and conditions (“Terms”) are here to ensure the rules under which We supply Our Products to You are crystal clear. They tell You who We are, how We will provide Products to You, how You or We may change or terminate the Contract, what to do if there is a problem and other important information that You do not want to miss. Please ensure that You carefully read and understand the Terms when You order any Product from Us.

After this short intro, let’s dive into the nitty gritty!

1. Who we are

1.1 These Sales Terms and Conditions are a contract between you and FairPhone, B.V., a Dutch limited liability company located at van Diemenstraat 200, 1013 CP Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01 ("Fairphone", "We", "Us", or "Our").

What is this about?

2.1 The Terms apply to everything related to Your purchase of any Fairphone Product bought directly via Our official Online Shop and exclude all other terms and conditions unless previously agreed upon in writing by Fairphone.

2.2 The Terms do not apply to You if:

• as part of a business or professional activity, You distribute the Product or set up any system to resell it to others. If so, please refer to Our B2B Sales Terms and Conditions instead.
• You purchased Your Product via one of our Resellers. If so, please refer to the Reseller’s own terms and conditions;
• You are purchasing a second-hand product via peer-to-peer platforms (returns and warranty services require original proof of purchase issued directly by Fairphone or an authorized Reseller);

2.3 If these Terms change, the version that applies to You is the one that was in effect at the time You placed Your order.

2.4 Our Privacy Policy, Warranty, Terms of Use and Return Policy may also apply. To find out more about those, check Our Legal Hub.

3. The Fine Print, Translated

3.1 Just so that we are on the same page, capitalized terms used in these Terms are defined in this section 2.1 or elsewhere in the document.

• “Covered Territory” means the continental territories of Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark (excluding Greenland), Estonia, Finland, France Métropolitaine (excluding overseas territories), Germany, Greece (excluding islands), Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands (excluding Bonaire, Saba, and St. Eustatius), Norway (excluding overseas territories), Poland, Portugal (excluding Azores and Madeira), Romania, San Marino, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta, and Melilla), Sweden, Switzerland, and the United Kingdom (excluding the Channel Islands).
• “Customer” ("You", “Your” or "Yours") means any natural person who purchases Product(s) via the Online Shop for personal use, acting for purposes outside their trade, business, craft, or profession. You must be at least 18 years of age and provide a delivery address within the Covered Territory.
• “Non-Supported International Regions”: Any location completely outside the geographic boundaries of the Covered Territory (such as Mexico or Canada). No logistical support or shipping reimbursement is provided for these regions.
• “Online Shop” means Our on-line shop section through which Fairphone Products are offered for sale, and where Customers can browse, order, and pay for those Products accessible at www.fairphone.live.
• "Out-of-Territory" means non-mainland, island, or remote regions within the Covered Territory statutory boundary (e.g., Malta, Cyprus, Canary Islands, Channel Islands, Ceuta, Melilla, Azores, Madeira). Fairphone provides after-sales warranty support for these regions under manual shipping reimbursement rules.
• "Product(s)" means the hardware products and associated software sold by Fairphone, including but not limited to smartphones, audio products and their spare parts and accessories.
• “Repair Portal”: Fairphone’s online self-service tool accessible at www.fairphone.live/repairs, through which Customers can submit warranty claims, Dead on Arrival (DOA) requests, obtain repair RMAs, and generate prepaid service shipping labels.
• "Reseller" means an authorized third-party sales partner or distributor explicitly permitted by Fairphone to sell the Product within the Covered Territory.
• “Website” means Fairphone’s official online presence accessible at us.fairphone.live, including all informational pages, blogs, support content, and company-related materials not directly related to placing Product orders.
• “Withdrawal Portal”: Fairphone’s online self-service returns management tool accessible at www.fairphone.live/returns, through which Customers can submit contract withdrawal requests, obtain RMAs, and generate prepaid shipping labels.

4. How to Purchase Our Products

4.1 Adding items to Your shopping basket is non-binding — think of it like window shopping. Your order becomes a binding offer to buy the Products only when You complete the checkout and payment process.

4.2 Once We receive Your payment, We will send You an email confirming Your order, including a breakdown of the Products You purchased and the digital invoice. This confirmation e-mail represents Our formal acceptance of Your offer, establishing a legally binding contract between You and Us (“Contract”).

5. Your Obligations

5.1 Prior to placing an order, You are responsible for providing Us with accurate, complete, and current information, including Your full name, delivery address, billing address, and contact details. If You act on behalf of someone else, You warrant that You have full authority and consent to do so.

6. Prices & Payment

6.1 All prices shown on Our Online Shop are gross prices and include the applicable VAT rate based on the destination country. Final pricing, including standard delivery fees, is shown at checkout before You place Your order.

6.2 Transactions are charged in Euros (€) within the EEA and Switzerland and Pound Sterling (£) within the United Kingdom. Payments must be made using the payment methods available during checkout.

6.3 If You elect to pay in installments via a third-party financing provider, the applicable terms, costs, and payment schedules are governed solely by that third-party provider.

6.4 If a pricing error occurs and the correct price is lower than displayed, We will charge the lower amount. If the correct price is higher, We will contact You for confirmation before accepting Your order.

7. Shipping, Delivery & Transfer or Risk

7.1 For pick-up point deliveries, delivery and billing address must both be in the same country. For home and business deliveries, delivery and billing address must both be within the Covered Territory. Address changes post-order confirmation are restricted to the original country of delivery due to tax and customs regulations.

7.2 Due to automated warehouse processing, You have a two (2) hour window after order confirmation to modify Your order details or cancel it before dispatch. After this 2-hour window, delivery details cannot be changed, and You must follow the standard return process outlined in Section 9. This operational processing window does not affect Your statutory 14-day Right of Withdrawal.

7.3 Estimated delivery dates are provided at checkout. If Your order contains multiple items, delivery will be based on the item with the longest lead time, as Fairphone does not split orders across multiple shipments.

7.4 Products will be delivered without undue delay and no later than thirty (30) calendar days from Contract conclusion, unless a specific longer lead time was explicitly agreed upon at checkout.

• Standard Delays: If We fail to deliver within thirty (30) calendar days or the agreed lead time, You may request delivery within an additional, reasonable timeframe appropriate to the circumstances. If We fail to deliver within that additional timeframe, You may terminate the Contract immediately and receive a full refund of all payments made.
• Force Majeure: We are not liable for delivery failures or delays caused by events beyond Our reasonable control (“Force Majeure”). However, if a Force Majeure event causes a significant delay exceeding thirty (30) calendar days beyond the original estimated delivery date, You may terminate the Contract immediately without granting an additional extension and receive a full refund for any Products paid for but not yet received.

7.5 If no one is available to receive the delivery and the Products cannot fit in Your letterbox, the carrier will leave a notification with instructions on how to rearrange delivery or collect Your package. If You do not collect the Products or rearrange delivery, We will contact You for further instructions and reserve the right to charge You for reasonable storage and additional delivery costs incurred. If, despite Our reasonable efforts, We are unable to contact You or rearrange delivery or collection, We may terminate the Contract in accordance with Section 11.

7.6 Transfer of Ownership & Risk of Loss:

• Ownership transfers to You upon receipt of full payment for the Products.
• Risk of Loss or Damage transfers to You only when You (or a third party indicated by You, other than the carrier) physically acquire possession of the Products. If You explicitly designate an independent carrier not offered or designated by Fairphone, risk passes upon handover to that carrier.

7.7 If an order is confirmed as lost during transit by Fairphone or Our authorized carrier, We will issue a replacement shipment. If the original shipment is located within fourteen (14) calendar days, it will be redirected back to Us.

7.8 Standard prepaid shipping labels operate exclusively within the Covered Territory. If You ship or operate a Product outside the Covered Territory (e.g., in the US or other international locations), Fairphone has no logistical obligation to organize cross-border returns. You are solely responsible for all cross-border shipping costs, customs duties, and import fees to deliver the device to and from a supported address within the Covered Territory.

8. Product Specifications & Storefront Changes

8.1 Products and their packaging may differ slightly from the images shown on Our Website or Online Shop. While We do Our best to display colors accurately, the images are for illustrative purposes only, and We cannot guarantee that Your screen reflects the exact color of the actual Product.

8.2 We reserve the right to update prices, product offerings, and availability on Our Online Shop at any time prior to Contract formation. Additionally, We reserve the right to modify Product specifications or settings at any time, including changes required for legal compliance or minor technical updates and improvements (such as security or performance patches).

9. Your Rights to Terminate the Contract & Returns

All returns, replacements, and refunds are governed strictly by Our Return Policy, which is fully incorporated into these Terms by reference.

A. Statutory Right of Withdrawal

• The Right & Window. You have the right to withdraw from the Contract without giving any reason within fourteen (14) calendar days from the day You (or Your designated third party) physically receive the Products.
• How to Exercise. To withdraw, notify Us before the 14-day window expires via our returns page located at https://www.fairphone.live/returns  or by emailing us at  [email protected], or by submitting the Model Withdrawal Form available in Our Return Policy.
• Refunds & Return Shipping. We will refund all payments received from You (including standard original delivery costs) within fourteen (14) calendar days of receiving the returned Product or verifiable proof of return dispatch. Fairphone provides a prepaid return shipping label; if You choose an independent carrier, You bear the direct return shipping costs. 
• Return Condition & Rejections. Products must be returned complete with all inbox accessories. We reserve the right to reject invalid returns (such as empty packages, returns past the 14-day window, or non-Fairphone items) and ship them back at Your expense.
• Exclusions: Personalized Products, unsealed in-ear audio Products (due to health and hygiene protection), and redeemed Gift Cards are excluded from withdrawal rights.

B. 30-Day Dead on Arrival (DOA) Swap

If an inherent hardware or manufacturing defect appears within thirty (30) calendar days of physical delivery, You are eligible for a DOA swap for a replacement device. DOA eligibility criteria, required return contents, and dispatch timelines are governed by Section 3.B of Our Return Policy. If You submit Your claim after this period, Your Product will be serviced under standard warranty terms.

C. Force Majeure & Technical Delays

You may terminate the Contract and receive a full refund for undelivered items if delivery is delayed by more than thirty (30) calendar days due to a Force Majeure event or if We have suspended supply of the Product for technical reasons.

D. Termination for Fairphone’s Breach

You may terminate Your Contract with Us and request a full refund or return if We fail to fulfill a major obligation under the Contract—such as failing to deliver Your Product within mandatory statutory timelines or breaching Your statutory legal guarantee rights.

10. Return Disclaimers & Data Liability

10.1 All returns require a valid Return Merchandise Authorization (RMA) issued issued via the Withdrawal Portal, the Repair Portal, or Customer Support. You are solely responsible for backing up personal data and resetting devices to factory settings before return. Fairphone assumes no liability for lost data, unremoved security locks, or third-party accessories returned with the Product. Detailed device preparation requirements are set out in Our Return Policy.

11. Our Rights to Terminate the Contract

11.1 We may terminate the Contract at any time by written notice to You if:

• Non-Payment: You fail to complete payment within fourteen (14) calendar days of placing Your order, in which case the order is automatically canceled.
• Missing Information or Delivery Refusal: You fail, within a reasonable timeframe, to provide information necessary for delivery, or fail to accept/collect the delivered Products after reasonable carrier attempts.
• Fraud, Inaccuracy, or Compliance: You provide false or incomplete personal/payment details, or where We have reasonable grounds to suspect payment fraud, unlawful activity, or a violation of applicable trade sanctions regulations.

11.2 If We terminate the Contract under this subsection, We will refund any payments received for undelivered Products using the original payment method. You will not be entitled to additional financial compensation, and Fairphone reserves the right to recover direct costs resulting from a material breach (such as uncollected package return fees).

12. Legal Guarantee of Conformity & Commercial Warranties

12.1 Statutory Legal Guarantee. You benefit from a free, baseline legal guarantee of conformity of at least two (2) years under applicable national consumer laws. Products must conform to their description and remain free of defects during this period.

12.2 Statutory Tolling & Repair Extension. The statutory legal guarantee period is automatically suspended (tolled) for the exact duration Your Product is physically held by Fairphone or our Service Centre for diagnostic or repair procedures. If a Product is repaired under statutory warranty rights, the remaining legal guarantee period is automatically extended by twelve (12) months from repair completion, subject to applicable national laws.

12.3 Extended Commercial Warranty.  Fairphone’s voluntary Extended Warranty operates in addition to, and independent of, Your statutory legal rights. Full terms are available on Our Legal Hub.

12.4 For further information on your legal rights across the European Union, you can visit the official European Commission consumer rights guidance page at https://ec.europa.eu/consumers.

13. Prohibition of Unsolicited Deliveries

13.1 We will never auto-enroll You in paid services or deliver unsolicited accessories. You are exempt from any payment or return obligations for any unsolicited goods or services delivered.

14. Limitation of Liability

14.1 Mandatory Statutory Rights. Nothing in these Terms will limit or exclude Fairphone’s liability for death, personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.

14.2 Exclusions of Liability. Subject to Section 14.1, Fairphone is not liable for any loss, damage, or product failure resulting from:

• Failure to follow safety, operational, or maintenance instructions provided with the Product or on Our Website;
• Inaccurate, incomplete, or outdated information provided by You;
• Improper use, unauthorized modifications, or repairs and installations performed by unapproved third parties;
• Force Majeure events (as defined in Section 7).

14.3 Indirect & Consequential Damages. To the maximum extent permitted by applicable law, Fairphone is not liable for indirect, incidental, or consequential damages, including but not limited to loss of income, loss of business or business opportunities, loss of anticipated profits, loss of goodwill or reputation, or loss or corruption of personal data.

14.4 Liability Cap. To the extent permitted by law, Fairphone’s total cumulative liability for direct damages arising under or in connection with any Contract shall be capped at the actual purchase price paid by You for the specific Product giving rise to the claim.

15. Applicable Law & Dispute Resolution

15.1 Governing Law. These Terms and any Contracts concluded between You and Fairphone are governed by and construed in accordance with the laws of The Netherlands. As a consumer, You will continue to benefit from any mandatory statutory protections provided by the laws of Your country of residence.

15.2 Dispute Jurisdiction. In the event of any dispute or claim arising out of or in connection with these Terms or Your purchase, You may choose to submit judicial proceedings to either the competent court in Amsterdam, The Netherlands, or the competent court in Your place of residence.

16. Other Important Bits

16.1 Entire Agreement. These Terms, along with any documents or policies we refer to in them (like Our Warranty or Our Return Policy), make up the full agreement between You and Fairphone for Your purchase. They replace any earlier discussions, emails, or messages We may have had about the same order. This doesn’t affect Your legal rights as a consumer.

16.2 Amendments. We may update or make changes to these Terms from time to time at Our discretion. Any changes will apply only to orders placed after the revised Terms are published on Our website. Your order will be governed by the version of the Terms in force at the time You placed Your order.

16.3 Assignment & Transfer. Fairphone may transfer Our rights and obligations under a Contract to another organization, provided that such transfer will not reduce or diminish Your statutory rights under the Contract. You may not transfer Your rights or obligations under these Terms without Our prior written consent, except where Warranty transfer is expressly permitted under Our Warranty Policy.

16.4 Third-Party Rights. This Contract is strictly between You and Fairphone. No third party has any right to enforce any of its terms, except where a commercial Warranty has been validly transferred to a subsequent owner within the limits set by Our Warranty Policy.

16.5 Severability. 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.

17. Extended Producer Responsibility (EPR) & Regulatory Compliance

17.1 In compliance with French environmental regulations under the AGEC Law (Loi Anti-gaspillage pour une économie circulaire / Art. R 541-10-9), Fairphone’s unique registration identifiers for Extended Producer Responsibility (EPR) in France are as follows:

• Waste Electrical and Electronic Equipment (WEEE): FR023029_05LYST
• Batteries & Accumulators: FR023024_06XI9O

V 5.0 Valid from 18th of August 2026