General Terms for after-sales service

Transcription

1 General Terms for after-sales service 1. Scope of application These general terms shall govern the after-sales service for SANAEKO MOBILE products. CAP AMBITIONS, as exclusive distributor, provides after-sales service to the final client, the distributor's client and the product's reseller. 2. Warranty for SANAEKO MOBILE products Legal warranty of conformity In accordance with articles L and following of the French Consumer Code, the legal warranty of conformity shall only be claimed by the final customer to the distributor and the reseller for the products sold by them, within a period of two years from the delivery of the product Legal provisions In accordance with the provisions of article L of the French Consumer Code, articles L.211-4, L and L of the this Code as well as article1641 and first paragraph of article 1648 of the French civil code, are listed hereinafter: -Article L211-4 "The seller must deliver a product in conformity with the contract and shall be held liable for any lack of conformity which exists upon delivery. Moreover, the seller is also held liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation if he assumed responsibility within the agreement or had it carried out under his responsibility." - Article L211-5 " To conform to the contract, the product must: 1. be suitable for the purpose usually associated with a similar product and, if applicable: - comply with the description provided by the seller and include the features presented by the seller to the buyer in the form of a sample or model; - include the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. or have the features defined by mutual agreement between the parties or be suitable for any specific use required by the buyer which was brought to the attention of the seller and which the latter agreed to." -Article L "Action resulting from non-conformity defects lapses two years after delivery of the product." -Article 1641 "A seller is bound to the warranty for the latent defects of the good sold which render it unfit for the intended use, or which so impair that use that the buyer would not have acquired it, or would have given a lesser price for it, had he known those defects."

2 -Article 1648 "Action resulting from redhibitory defects must be brought by the buyer within a period of two years following the discovery of the defect" In addition to this warranty, the warranty for latent defects shall apply in pursuance of articles 1641 to 1649 of the French Civil Code. 2.2.Conventionnal warranty The Products bought by the Customer are covered for any manufacturing, designing or material defects. This warranty does not replace the legal warranty Warranty period The duration of the conventional warranty covering the Products is: One year for mobile phones; Six months for batteries and accessories; The warranty period runs from the date of purchase of the Product. In compliance with article L of the French consumer Code, in the event that the Customer requests the after-sales service to carry out repairs or maintenance of the Product covered by the contractual warranty, any resultant downtime of seven days or longer shall extend the warranty and be added to the term of the warranty. This additional period runs from the date of the request for after-sales service by the Customer or from the date on which the Product has been made available to the aftersales service pending repair, should this be later than the request for after-sales service Repair or replacement. If during the warranty coverage, the product is found to be defective due to material or manufacturing, CAP AMBITIONS undertakes to repair or to replace the Product without charging for parts or labour. Depending on the costs incurred, CAP AMBITIONS reserves the rights, in his sole discretion, to repair the Product or to replace it by an identical or equivalent model Conditions Repair or replacement will be applicable upon presentation of the following documents: warranty record duly completed (after-sales service form with return authorisation number). The return authorisation number is sent to the Customer upon registration on the website sanaekomobile.com "register" tab -"Support"; a copy of the invoice, indicating the date of purchase, the type of Product, the serial number and the name of the Distributor; The mobile phone's IMEI no. (to be found on the white label inside the product, underneath the battery) which is a sequence of figures called IMEI (mobile's identification) and unique for each device; the mobile phone, and the accessories if indicated, in their original packaging. It is the responsibility of the Customer to back up all the personal data and information stored in the mobile phone. Cap Ambitions may reset the device and shall not be held responsible for the loss of any Customer's personal data. These documents are to be included with the Product at the time of dispatch or when handing over the Product for repair. Cap Ambitions may deny warranty coverage if the documents listed above are not complete, illegible or inconsistent.

3 Warranty limitations CAP AMBITIONS warranty shall not apply in the following cases: Normal wear and tear of the Products; Costs and risks resulting from shipment relating directly or indirectly with the warranty of the Product; Installation or use in contradiction with the technical or safety standards in force, including use that is contrary to the instruction s provided in the user's manual or the safety instructions; Modifications or repair on the product carried out by unauthorized personnel or other manufacturers; Replacement of consumables such as batteries, hands-free kits (non-exhaustive list); Serial number or identification plate, or IMEI no. removed, illegible or not available; Non-conforming or damaged accessory; Deliberate act, negligence or fault by the Customer (use or storage contrary to the instructions, improper or inappropriate, misuse, etc); Oxidation resulting for the improper insertion of the USB flap intended for protection against water splashes; External causes including, without limitation, lightning, fire, electrical surge, etc. If the mobile phone's cosmetic has been destroyed In general, CAP AMBITIONS Products comply with different IP standards (Ingress Protection, protection against intrusion) related to the protection against foreign bodies and liquids. The different products are compliant with different standards. Intrusions of foreign bodies or liquids shall be excluded from CAP AMBITIONS warranty if the verification reveals any use of the Product in conditions that exceed the protection rate applicable to the Product in question; Falls or impacts of the Product shall be excluded from CAP AMBITIONS warranty if the verification reveals any inappropriate, improper or non reasonable use of the product such as impact inflicted deliberately, negligent act, etc. The technical service reports justifying the exclusion of the warranty will be legally admissible and enforceable against the Customer Products not covered by the warranty In the event that the Product is no covered by the warranty, and whatever the reason (expired, non-compliance with the requirements, etc.): (i) The technical service report will include a quotation and a report justifying the exclusion; In the event that the Customer refuses the quotation for repair and if the product has been returned to the Customer, management and shipping costs will be charged to the Customer in an amount of 30 Euros taxes included. In the event that the Customer refuses the quotation for repair and fails to pay within 90 days from the date of receipt of the quotation, the product shall be considered as abandoned by the Customer and may be destroyed by the approved service centre or by CAP AMBITIONS. In any case, no compensation may be claimed to CAP AMBITIONS by the Customer. (ii) The request for repair service for the Product by the Customer will be invoiced to the latter for repair, management and shipping costs.

4 2.3. Warranty for repairs Duration. The repairs carried out by CAP AMBITIONS are warranted for a six-month period from the date the Product has been returned to the Customer, and shall only apply to the feature(s) that have been reviewed by the service centre to the exclusion of all others Costs. Carriage, packaging, insurance and delivery costs shall be borne and paid by the Customer. CAP AMBITIONS will pay the return shipping charges Application of the warranty Conditions. In addition to the limitations and deadlines, the application of the warranty is subject to the observance by the Customer of the terms established in article Among other requirements, the Customer must send the after-sales form with the return authorization number and the mentioned documents Contact. The request for service shall be sent within 48 hours from the date on which such failure has been observed, through the website tab "register" then "After-sales". The request for service must specify accurately the failure observed on each Product and the detail of the service requested Specific warranty for Products defective on arrival Definition. This specific warranty shall only apply to Products that are found to be defective at the moment of first start-up. According to the nature of the failure, the available stocks and the preferences of the Customer, this warranty covers the return of the repaired Product or the replacement of the defective Product by a product of equivalent value, within 60 business days Application. This warranty shall be claimed within 15 clear days from the date of purchase of the product, within the terms established in the above mentioned article Moreover, the Customer must provide the seller with an accurate description of the defect observed on the Product Return authorization. Upon receipt of the request, and only if the Product is covered by the warranty for products defective on arrival, CAP AMBITIONS will sent a return authorization number to the Customer. The product shall be returned in its original packaging, even if it has been opened. The Product must include all its accessories and the documents indicated in article 2.3.3; if the Product is found to be outside the scope of the warranty for defective on arrival, it shall be either (i) returned at the Customer's expenses, or (ii) recharacterized under the appropriate classification Limitations. CAP AMBITIONS warranty for defective on arrival shall not apply in the following cases :

5 In the event that the Product is proven not to be defective on arrival after verification by CAP AMBITION services; Defect resulting from misuse of the product; Opened or disassembled Products; Damages, failures, defaults or defects caused by external causes; Damages resulting from corrosion or oxidation; Damages resulting from a power supply problem external to the product (for example, if the Product has been plugged into a defective socket). General conditions of after-sales service Appendix General information Only products found to be defective when unpacked on the purchase day will be considered defective on arrival. Only products found to be defective on first start-up will be considered as such. This failure shall be observed within 15 days (fifteen days) following the date of purchase to be considered as either defective on arrival or defective on first startup. Corresponding procedures 1.1 Conditions. For any request of replacement, the Customer must provide the following documents:. A copy of the invoice bearing the date of purchase, the reference of the product and the serial no.(imei);. The mobile phone's serial number (mobile identification) displayed on the label inside the product must be visible. The serial number consists of a sequence of numbers that are unique to each mobile phone.. The warranty will not apply if the identifying label is missing or has been removed;. The mobile phone shall not be scratched;. The mobile phone must be clean;. The mobile phone and its accessories must be returned in their original packaging;. The cosmetic shall not be damaged or broken;. The USB flap shall not be missing or damaged;. The mobile phone must be defective.. It is the client's responsibility to back up all personal data and information stored in the mobile phone.