1. Defining Our Mobile Device Terms?
1.1.1 This document is referred to as the "Mobile Device Terms" and forms part of Your Agreement with Us where You have purchased a Mobile Device from Us.
1.1.2 The General Terms and Conditions are a set of general terms that govern our relationship generally. These Mobile Device Terms contain more specific terms relating to Your purchase of a Mobile Device from Us.
1.1.3 To the extent of any inconsistency between these Mobile Device Terms and the General Terms and Conditions in relation to the subject matter covered in these Mobile Device Terms, these Mobile Device Terms prevail.
2 About the Mobile Devices that We offer
2.1 Pre-owned devices
2.1.1 Every Mobile Device that We currently offer for purchase: (a) is a pre-owned mobile phone; (b) comes Unlocked and with all data removed; and (c) is fully tested to satisfy Our rigorous standards before being classified as “fix2U Certified”.
2.1.2 Without limiting Your rights under the Australian Consumer Law, by applying for or ordering a Mobile Device You acknowledge that such Mobile Device is pre-owned (and not a new mobile phone) and that the Purchase Price for that Mobile Device reflects the fact that it is a pre-owned mobile phone.
2.2 “fix2U Certified” reserved only for the best pre-owned devices
2.2.1 Our promise to You is that before We make any pre-owned phone available for purchase by You, it needs to pass Our 53-point functionality and cosmetic test (the 53-Point Test).
2.2.2 Upon passing Our 53-Point Test, the pre-owned device is then “fix2U Certified”, which is confidently backed-up by our 12-Month Device Warranty.
2.3 Your rights as a consumer
2.3.1 Our Mobile Devices come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have Your Mobile Device repaired or replaced if Your Mobile Device fails to be of acceptable quality other than what is listed on the fix2U grading page, and the failure does not amount to a major failure under the Australian Consumer Law.
2.3.2 Your ability to choose a particular remedy will also depend on whether any failure to comply with a guarantee is a minor or major failure under the Australian Consumer Law. We can choose which remedy We may provide for a minor failure (being any failure which does not constitute a major failure). A major failure includes a problem where a Mobile Device would not have been purchased by a reasonable consumer who was fully aware of the problem, or Mobile Device that is substantially unfit for its common purposes and cannot be fixed within a reasonable time or where a Mobile Device is unsafe.
3 Sale of Mobile Device
3.1 Purchase of Mobile Device
3.1.1 If You order a Mobile Device for outright purchase via Our checkout process, You will own that Mobile Device from the time that we dispatch the Mobile Device for delivery (the Device Acceptance Time).
3.1.2 Devices do not come with original manufacture packaging.
4 Customer support in relation to Mobile Devices
4.1 Your satisfaction
4.1.1 Your satisfaction is extremely important to Us, if You experience any problems with Your Mobile Device, We invite You to contact Our Customer Service Team, who will assist You with Your various options.
4.1.2 Each of the Customer Rights (as defined in clause 4.3 below) is in addition to, and does not limit or exclude, Your rights under the Australian Consumer Law.
4.2 You must notify Us of any goods delivered which are faulty or damaged
4.2.1 Notwithstanding anything to the contrary in this Agreement, where You believe Your Mobile Device (or any associated goods) was faulty or damaged prior to it being delivered to You, You must collect photographic evidence which clearly shows such fault or damage, and contact Our Customer Service Team within 3 days of the delivery (contact details available here) to arrange for such evidence to be sent through to Us.
4.2.2 Failure to comply with clause 4.2.1 may result in Your corresponding claim being denied (subject to any rights You may have under the Australian Consumer Law).
4.3 Our commitment to customer satisfaction – the Customer Rights
4.3.1 Consistent with Our commitment to Your satisfaction, our Mobile Devices benefit from Our 12-Month Device Warranty (please see clause 4.5 for further details).
4.3.2 To exercise one of Your Customer Rights, You must contact Our Customer Service Team (contact details available here), who will provide You with the relevant instructions regarding how to return a Mobile Device.
4.5 Claim Faults
4.5.1 Should You believe that a Relevant Fault or Defect has arisen in respect of Your Mobile Device within that 12 month period, You must contact Our Customer Service Team (contact details available here) to initiate Your claim under the 12-Month Device Warranty.
4.5.2 Each of the Returned Device Conditions in clause 4.11 must be satisfied before Your claim under the 12-Month Device Warranty can be successful.
4.5.3 In the event where a mobile device is not eligible to be claimed under warranty, fix2U Phones may charge an assessment fee of $59. Alternatively, we will also provide the option for the customer to get the device repaired, resulting in the assessment fee being waived and being replaced by the total cost of the repairs.
5.1 fix2U inspects and tests devices to ensure they are suitable to be repaired. This includes testing crucial functions of the device including the battery.
5.2 We class batteries as consumable components and therefore provide limited warranty. During the testing of the device, we ensure that the battery capacity is sufficient and exceeds the 85% mark relative to the device's original capacity. In the event that you receive a device with a unsatisfactory battery, you must make fix2U aware of the issue within 7 days of receiving the device. Past the period of 7 days, we will not longer be liable for claims involving a poor battery.
Dictionary for this document
5.1.1 A capitalised term that is not otherwise defined in these Mobile Device Terms has the same meaning as in the General Terms and Conditions.
5.1.2 Each of the following capitalised terms have the corresponding meaning in these Mobile Device Terms.
12-Month Device Warranty has the meaning given in clause 4.5.
53-Point Test has the meaning given in clause 2.2.1.
Customer Service Team means Our customer service team.
Device Acceptance Time in the case of the outright purchase of a Mobile Device through the fix2U Phone checkout process, has the meaning given in clause 3.1.1.
Impairment Fee means, in respect of a Mobile Device and a Returned Device Assessment of that Mobile Device, the fee determined In accordance with the table set out in clause 4.5.3.
New Mobile Device means a successful claim under the 12-Month Warranty, a replacement fix2U Certified Mobile Device that We send to You.
Relevant Fault or Defect has the meaning given in clause 4.5.1.
Returned Device Assessment has the meaning given in clause 4.6.2.
Returned Device Conditions has the meaning given in clause 4.11.
Unlocked means a Mobile Device that is unlocked (including, for example, removing all passwords and any cloud based security). We, Us and Our have the meaning given in the General Terms and Conditions.
Wiped means a Mobile Device in respect of which a process has been undertaken to wipe all data from that Mobile Device (and Wipe and Wiping have a corresponding meaning). You and Your have the meaning given in the General Terms and Conditions