After-Sales Service Terms and Conditions

 

Remade is a simplified joint-stock company capitalised at 13,132,092 euros and listed with the Paris Trade and Companies Register under number 403 361 439. Its head office is at 107 rue de la Boétie – 75008 Paris. The company offers smartphone and other product repair services under the Remade brand (hereinafter referred to as "the Service") to retail and trade customers in mainland France and Corsica who have bought a Remade product (hereinafter referred to as "the Customer").

 

Article 1. Purpose

1.1 These After-Sales Service Terms and Conditions (hereinafter "ASS Ts and Cs") govern the relationship between Remade and its Customers - whether trade or retail - who place an order directly with Remade or via its partners. They supplement the Remade Terms and Conditions of Sale (Ts and Cs), to which they expressly refer. These ASS Ts and Cs aim to set out the terms and conditions for Remade repairs requested by the Customer for a product (hereinafter referred to as "the Product").

1.2 Any request for assistance from the Remade After-Sales Service implies that the Customer fully and unreservedly accepts these ASS Ts and Cs and confirms that they are aware of these.

1.3 By accepting these ASS Ts and Cs, the Customer warrants that they own the Device being submitted for repair, they have acquired the Device lawfully and that the Device has not been stolen. The Customer also warrants that they are a natural person aged eighteen (18) or above and have the legal capacity to sign this contract.

1.4  Remade reserves the right to amend these ASS Ts and Cs at any time without informing the Customer. The latest version can be viewed at: https://www.Remade.com/

 

Article 2. Contractual warranty

The terms of the Remade contractual warranty for Remade products are set out in the warranty certificate provided with Remade products.

2.1 The current article is merely a reminder of the provisions listed in the warranty certificate - the latter remains solely applicable.

2.2 The Remade After-Sales Service can only provide a contractual warranty for products destined for the European market. The contractual warranty covers repairs for replacement device hardware faults that occur during the period specified but only if the device is used in line with the recommendations in the user manual. Causes relating to actions carried out by the Customer or a third party are not covered.

2.3 The contractual warranty period for Remade products and accessories is stated on the warranty certificate delivered with each product.

2.4 The hardware is guaranteed against manufacturing faults from the date of purchase by the Customer - excluding the exemptions listed in Article 2.6 below. If during the warranty period the Product turns out to be defective due to a hardware or manufacturing failure, Remade will repair it in line with the terms set out below without charging for the labour or parts required. Depending on the relevant costs, Remade reserves the right to repair the Product or replace it with an identical or equivalent model.

2.5 Remade cannot be required to loan out replacement products either before or during the repair - even if there are delays to the process mentioned above.

2.6 The Remade contractual warranty does not cover:

  • Maintenance, repairs or replacement parts required due to normal use;
  • Malfunctions after the Product is opened by a person not expressly authorised to do so by Remade;
  • Product replacements during the repair period;
  • Modifications aimed at improving the Product beyond its normal settings as described in the user manual - and this without the prior written permission of Remade;
  • Software loss or damage. The Customer alone is responsible for backing up all programs, data and removable storage devices;
  • Periodic maintenance and repairs or replacement parts following normal use;
  • Infections caused by computer viruses or using the Product with software which is not supplied or is incorrectly installed or fraudulent;
  • Any damage caused by modifications or adjustments applied to the Product without prior written permission from Remade so it conforms with current local or national technical standards in any country other than those for which it was originally designed/manufactured.
  • Any damage caused by Product misuse or use not compliant with usage instructions covering the appropriate use and maintenance of the product, and product installation or use not compliant with current safety standards in the country where it is used;
  • Any damage caused by an accident or impact including those in the following non-exclusive list: lightning strike, water damage, fire, misuse or negligence in Product use;
  • Intentional damage, water damage (including oxidation);
  • Any modification, scribbling over, illegibility or erasure of the model number or serial number on the Product;
  • Any damage resulting from repairs or adjustments made by companies or individuals not expressly authorised to do so by Remade;
  • Any faults in any system to which the Product is linked or with which it is used;
  • Any damage caused by inappropriate shipping or packaging when the device is being returned to the distributor or to Remade;
  • Any aesthetic damage including scratches, signs of impact or defects in the protective plastic on connection ports, cracks or scratches on the LCD screen.

 

2.7 Requests for assistance under warranty can be made on the Remade website (www.Remade.com) or by telephone +33 (0) 2 33 89 83 43 (local call rate).

For repairs under warranty, proof of purchase for the Remade Product will be required when the request is made.

 Spare parts will be available for one (1) year from the date the Remade Product is purchased by the Customer. Should spare parts not be available within this time frame and no exchange for an identical product be possible, Remade reserves the right to offer a model which is at least equivalent to the product under repair as an exchange. If the Customer refuses to accept this, Remade shall not be held liable for damages.

2.8 Products under warranty must be returned in appropriate packaging and boxed up carefully.

2.9 All requests for assistance must specify the fault and the owner's contact details for each product.

2.10 Remade reserves the right to refuse to provide services free of charge under warranty if these documents cannot be shown or if the information they contain is incomplete, illegible or incoherent.

2.11 In accordance with the French Consumer Code, any period of under seven (7) days during which a Product is with the ASS for a repair covered by the contractual warranty will be added to the warranty period remaining on the date the customer requests assistance or the product is provided for repair, if the latter occurs after the request for assistance.

2.12 Invalid warranties

Products not covered by the contractual warranty in line with the criteria set out in Article 2.6 above will incur a €30 charge (including VAT) for issue diagnosis and return shipping, except where the Customer agrees to Remade repairing the Product at the price quoted.

 

Article 3. Legal guarantee

Remade is liable for any lack of conformity in the spare parts used by it to repair the Product in line with the terms set out in Article L. 211-4 and those that follow of the French Consumer Code and for hidden defects in line with the terms set out in Article 1641 and those that follow of the same Code.

The legal guarantee of conformity is applicable independent of the commercial warranty covering the item and is defined below.

Copies of legal provisions:

Article L.217-4 of the French Consumer Code

The seller shall deliver an item conforming to the sales contract and is responsible for any lack of conformity that exists on delivery.

The seller is also liable for any lack of conformity caused by packaging, assembly instructions or installation where the latter is their responsibility under the contract or has been carried out on their behalf.

Article L.217-5 of the French Consumer Code

The item conforms to the contract:

1) If it is appropriate for the use normally expected for such an item and, where relevant:

  • If it matches the description given by the seller and has the characteristics shown to the buyer in the form of a sample or model;
  • If it has the characteristics that a buyer could legitimately expect given the public assertions made by the seller, producer or their representative, including advertising and labelling;

2) Or if it has the characteristics defined in an agreement drawn up between the parties or is appropriate for any special use sought by the buyer, of which the seller has been made aware and has accepted.

Article L.217-7 of the French Consumer Code

Any lack of conformity that appears within twenty-four (24) months of delivery of the item is presumed to have already existed on delivery, except where there is proof to the contrary.
For second-hand goods, this period is set at six months.

The seller can challenge this presumption if it is incompatible with the nature of the item or the lack of conformity raised.

Article L.217-9 of the French Consumer Code

Should there be a lack of conformity, the buyer may choose between a repair and a replacement for the item. However, the seller cannot proceed with the buyer's choice if it would incur an obviously disproportionate cost in comparison with the other option, given the value of the item or the severity of the issue. The seller must then proceed with the option not chosen by the buyer unless this is impossible.

Article L.217-10 of the French Consumer Code

If both a repair and a replacement are impossible, the buyer can return the item and receive a full refund, or keep the item and receive a partial refund.

This option is also available:

1) If the solution requested, suggested or agreed in line with Article L. 217-9 cannot be implemented within a month of the buyer complaint;

2) Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the item and the use sought.

However, the sale may not be cancelled if the lack of conformity is minor.

Article L.217-12 of the French Consumer Code

Legal action resulting from a lack of conformity may only be taken within two years of the date the item is delivered.

Article L.217-13 of the French Consumer Code

The provisions set out in this section do not deprive the buyer of their right to take legal action in light of latent defects discovered in line with articles 1641 to 1649 of the French Civil Code or any other action with a contractual or extra-contractual nature that they may lawfully take.

Remade must uphold the warranty for hidden defects found in parts replaced as part of the Service and that render the Device unfit for the purpose for which it was intended, or that impair its use to such a degree that the Customer would not have bought it, or would have paid less for it, if they had known about them.

Legal action in light of latent defects must be taken by the buyer within two (2) years of them discovering the defect.

Should their Device have a hidden defect, the Customer can choose between cancelling the sale or accepting a reduced price in line with Article 1644 of the French Civil Code, a replacement or a repair.

Copies of legal provisions:

Article 1641 of the French Civil Code

The seller must uphold the warranty for hidden defects found in the item sold that render it unfit for the purpose for which it was intended, or that impair its use to such a degree that the buyer would not have bought it, or would have paid less for it, if they had known about them.

Article 1645 of the French Civil Code

If the Seller was aware of the defects in an item they have sold, they must give the buyer a full refund and are liable to the buyer for damages.

Article 1646 of the French Civil Code

If the Seller was unaware of the defects in an item they have sold, they are only obliged to give the buyer a full refund and to reimburse them for any costs incurred from the sale.

Article 1648, Paragraph 1 of the French Civil Code

Legal action in light of latent defects must be brought by the buyer within two (2) years of them discovering the defect.

 

Article 4. Products out of warranty

4.1 Repairs made to products not covered by the contractual warranty period will be charged for at current After-Sales Service prices. These prices can be viewed at www.remade.com

4.2 Requests for assistance can be made on the Remade website (www.Remade.com) or by telephone +33 (0) 2 33 89 83 43 (local call rate).

4.3 A quote will always be drawn up before a product is accepted. The quote is valid for thirty (30) days from the date it is sent.

Three possibilities:

  • If the Customer agrees to the quote, the quote fee will be deducted from the final bill.
  • If the quote is expressly refused by the Customer, an administration charge of €30 (including VAT) will apply. Payment must be made before the product can be returned by Remade.
  • If, from the date of a quote, there is no response from the Customer for thirty (30) days, an administration charge of €30 (including VAT) will apply. Payment must be made before the product can be returned by Remade.

4.4 Requests for assistance will neither be definitive nor binding for Remade until the quote sent by the latter has been expressly accepted by the Customer.

4.5 Quotes can be approved by the Customer signing and noting their agreement on them, then returning them to Remade with a cheque for the total amount payable. Once a quote has been approved, it cannot be cancelled.

4.6 Remade can adjust its pricing at any time without warning. However, the cost of a repair will be that which applies on the day a product is received by Remade, or - where relevant - that stated on the repair quote.

4.7 Supplementary work not originally included in a quote but found to be necessary once a product has been dismantled - or to be economically advantageous for the Customer - will be subject to a free corrected quote which will be sent to the Customer as soon as possible. The Customer must give their prior express permission for any work to be carried out.

4.8 As well as repairing products it receives, the After-Sales Service may offer the Customer additional services at a fixed price. The Customer will confirm that they agree to these fixed-price services being carried out by signing the "Quote" in line with the terms set out in Article 3.3 above. Should the Customer refuse to accept these fixed-price services, Remade cannot be held liable for a malfunction later suffered by the merchandise concerned caused by the defective part identified in the additional quote.

4.9 The Customer can track the status of their repair, download user manuals and updates and view technical information on the Remade website: www.remade.com.

4.10 Repaired products will only be returned to the Customer once payment has been made. Repair charges can be paid as set out in Article 6 below.

 

Article 5. Post-repair warranty

The warranty applied to repairs carried out by Remade covers a period of three (3) months from the date of return shipping or the product being made available. It applies exclusively to the function(s) involved in the previous repair and excludes all others. Charges for shipping, packaging and insurance for sending devices to Remade are to be paid by the Customer.

To prove that they are covered by the commercial warranty, the Customer must show their payment invoice for the Service concerned by the warranty request.

 

Article 6.  After-Sales process

The Customer must show their payment invoice for the product concerned if they wish to request assistance under the contractual warranty.

Requests for assistance under warranty can be made on the Remade website (www.Remade.com), or the Customer can fill in the Fault Reporting form or call +33 (0) 2 33 89 83 43 (local call rate).

The merchandise needing a repair must be sent to the location indicated by the After-Sales Service and have location services deactivated if it is an Apple product.

The Customer must fill in the Fault Reporting form on the https://www.Remade.com/ site - After-Sales Service category.

Before requesting assistance, the Customer undertakes to:

  • Back up all data stored on the Product so it can be recovered should it be lost or accidentally destroyed during the repair.

The Customer therefore recognises that Remade cannot be held liable for any loss or destruction of this data.

  • Remove their SIM card from the Device. Remade cannot be held responsible should a third party use the SIM card or the SIM card be destroyed.
  • Deactivate location services and/or reactivation services on the Product if it has these features, and also undertakes to deactivate their iCloud account.

Should it be that the Product cannot be repaired after the issue is diagnosed, Remade will return it to the condition in which it arrived and the Customer must pay €30 (including VAT) for the diagnosis and return transport.

 

Article 7. Payment terms and options

7.1 Where the Customer owes money, the latter must pay (before the repair is carried out) the amount due for the service as stated on the quote. They will be sent an email or postal invoice when the product is returned.

7.2 Payment must be made by cheque payable to Remade and sent to:

REMADE

21, avenue Pierre Vallée

Zone Artisanale de l’Estuaire

50220 POILLEY

 

Cheques are cashed when received. When the money is received, the item can be shipped.

 

Article 8 - Due care

Remade is obliged to take due care in its activities and undertakes to do its best to provide the repair ordered.

Should Remade worsen the original problem with the Product, or should the Product be no longer repairable due to Remade activity, or should Remade make an error meaning the Product cannot be returned to the Customer (such as losing a Device), Remade undertakes to provide the Customer with an equivalent Product from the Remade brand. The Customer will not be refunded for their Product at the price they paid for it new or second-hand and no standard exchange will be provided.

Remade will keep the Customer's Product and instead send them the replacement Product. The Customer must sign a form to hand over their Product to Remade before they can receive a replacement Product. With this form, the Customer transfers their ownership of the damaged and/or lost Product to Remade. If Remade eventually finds a lost Product, it remains the owner and will not return it to the Customer as the latter will have transferred their ownership of the item to Remade.

The Customer recognises and accepts that Remade may dismantle a Product which has had its ownership transferred and make use of the parts. Remade may also recycle the Product. Remade will always carry out a certified wipe of all data on the Customer's Product and the Customer recognises and accepts this. The Customer's data will thus be permanently deleted from their Product and the Customer will not be able to recover it.

 

Remade keeps a register where it enters the names and contact details of Customers who have transferred ownership of their devices to it. A note is also made of the type and number of the Customer's ID document, the authority that issued it and its issue date, plus information about the Product including its IMEI (International Mobile Equipment Identity) serial number. Remade will make this register available to the police and other authorities on request.

 

Article 9. Delivery and risk transfer

9.1 Next Mobile will cover logistical costs and return shipping charges for products under warranty. For products out of warranty, the Customer is billed for logistical costs and return shipping charges and the amount will vary depending on the product.

9.2 Products are delivered by Remade via the transportation method of its choice to the address provided on the assistance request following the customer expressly asking for assistance.

9.3 If, on delivery, the packaging is damaged, torn or open and/or the products inside have been damaged, the customer is responsible for noting this on the delivery slip and specifying the nature of the problems in detail.

The delivery slip must be signed and counter-signed by the courier or its driver employee, dated and returned to the courier by registered letter within three (3) days - excluding bank holidays - in line with the provisions set out in the French Code of Commerce. A copy of the letter must be sent to Remade within 48 hours (date as per postmark) to the following address:

REMADE

21, avenue Pierre Vallée

Zone Artisanale de l’Estuaire

50220 POILLEY