GENERAL TERMS AND CONDITIONS OF SERVICE

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1. General provisions.

1.1. These general terms and conditions for the provision of repair services set out the general rules for the performance of services in the field of repairs and warranty and post-warranty inspections of Manufacturers’ Devices, within the meaning of the definition set out in section 1.2.3 below, by FIXIT joint-stock company with its registered office in Kraków, ul. Nad Serafą 56A, 30-864 Kraków, entered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number: 0000302206, NIP: 6762236862, REGON: 356704082.

1.2. The terms indicated below shall have the following meanings in these Terms and Conditions:

1.2.1. FIXIT – FIXIT joint-stock company with its registered office in Kraków, ul. Nad Serafą 56A, 30-864 Kraków, entered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number: 0000302206, NIP: 6762236862, REGON: 356704082.

1.2.3. Manufacturer – the manufacturer of Devices specified in the Service Procedures (“Manufacturer”), which has concluded an agreement with FIXIT for FIXIT to provide support in the handling of warranty and post-warranty service of Devices.

1.2.4. Devices – devices and accessories of the Manufacturer specified in the Service Procedures (“Types of serviced devices”), covered by repair services provided by FIXIT under the agreement concluded by FIXIT with the Manufacturer.

1.2.5. User – a natural person with full legal capacity, a legal person or an organisational unit to which the law grants legal capacity, using FIXIT repair services.

1.2.6. Entrepreneur – a User who is a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in their own name and using FIXIT repair services in connection with their business or professional activity.

1.2.7. Consumer – a User who is a consumer within the meaning of Article 22¹ of the Civil Code.

1.2.8. Account – a set of resources and permissions assigned to a given User within the Website, enabling the use of additional functionalities and services offered by FIXIT on the Website, including in particular submitting Requests, tracking the status of Request processing and storing Request history.

1.2.9. Request – the commissioning by the User to FIXIT of an Expert Assessment of the Device, and, if the offer presented by FIXIT to conclude a Repair Agreement is accepted, also for the purpose of a Warranty Repair or Post-warranty Repair of the Device.

1.2.10. Expert Assessment – verification of the condition of the Device by FIXIT, ending with the preparation of a report containing a description of the detected defects or damage to the Device and any causes of the above that can be determined; an integral part of the Expert Assessment is the cost estimate for repairing the Device.

1.2.11. Warranty Repair – repair services under the Manufacturer’s warranty for the Device, enabling damaged Devices to be restored to their usable condition as a result of repair by FIXIT.

1.2.12. Post-warranty Repair – repair services outside the scope of the Manufacturer’s warranty for the Device, enabling damaged Devices to be restored to their usable condition as a result of repair by FIXIT.

1.2.13. Service Provider – an entity with which FIXIT has concluded an agreement for the provision to FIXIT of forwarding or postal courier services consisting in accepting, sorting, transporting and delivering courier shipments.

1.2.14. Civil Code – the Act of 23 April 1964, the Civil Code.

1.2.15. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.

1.2.16. Terms and Conditions – the Website terms and conditions available at: https://rma.fixit-service.com/rma/document/

1.2.17. Service Procedures – detailed terms for the provision of repair services by FIXIT, available at: https://rma.fixit-service.com/rma/document/

1.2.18. GTC – General Service Terms, meaning these general terms and conditions for the provision of repair services by FIXIT.

2. Warranty service.

2.1. The Manufacturer guarantees the proper operation of Devices provided that they are used in accordance with their intended purpose and the technical and operating conditions described in the Device instruction manual and warranty card.

2.2. The warranty period of the Device is specified in the Device warranty card (“Warranty Period”).

2.3. Warranty Repair:

2.3.1. covers manufacturing defects and faults that occurred during proper use of the Device,

2.3.2. does not cover damage caused by external reasons, such as mechanical damage, weather conditions, contamination, flooding, damage caused by the use of improper consumables, such as fuels or cleaning agents, non-original software, improper cables, unsuitable power supplies, filters other than original ones or accessories that are not recommended.

2.4. If damage is found that breaches the warranty conditions, FIXIT will send the User by email a proposal to perform a paid repair (“Post-warranty Repair”) or, in justified cases, will return the Device without carrying out the repair. The provisions set out in section 3.3 below shall apply accordingly in the situation referred to in the previous sentence.

2.5. Submitting a Request.

2.5.1. A Warranty Repair Request must be preceded by submitting a request for an Expert Assessment of the Device in one of the following ways:

2.5.1.1. via the Website (http://rma.fixit-service.com/) after logging in to the Account (extended functionality), or

2.5.1.2. via the Website (http://rma.fixit-service.com/) without logging in to the Account, using a simplified form (limited functionality),

2.5.1.3. only in the case of Manufacturers indicated in the Service Procedures (“Warranty request in MZU” – “yes”) – at the place where the Device was purchased.

2.5.2. The documents listed in the Service Procedures (“Required documents in the case of warranty”) must be attached to the Request, otherwise the processing time of the order may be extended until the missing documents are completed by the User. FIXIT is not responsible for the loss or destruction of documents sent by the User together with the Device. It is noted that submitting copies of the required documents is sufficient for the Request.

2.5.3. Including an imprecise or incomplete description of the fault in the Request may make it difficult or impossible for FIXIT to perform reliable diagnostic tests and, consequently, may result in the defect not being detected, for which FIXIT shall not be liable.

2.5.4. The serial number on the Device must be legible. If the serial number cannot be identified, Warranty Repair may be refused.

2.5.5. Detailed rules for submitting Requests via the Website are set out in section 8 of the Terms and Conditions.

2.6. Preparation and transport of the shipment containing the Device.

2.6.1. The User is obliged to send the complete Device together with all accessories attached to it. However, additional items not included in the original equipment, such as SIM cards, SD cards, cases or covers, headphones or documentation, should not be sent. FIXIT is not responsible for the loss or destruction of additional items not included in the original set sent by the User together with the Device.

2.6.2. Before sending the Device, in the case of Devices:

2.6.2.1. all Devices – the User is obliged to clean the Device of dirt resulting from use,

2.6.2.2. with a memory card or data storage media – the User is obliged to create a backup copy of the data. After the Device has been repaired, it may not be possible to recover the data. FIXIT is not responsible for the loss or destruction of data sent by the User together with the Device,

2.6.2.3. that are coffee machines – the User is obliged to empty the container for grounds, coffee, milk and water,

2.6.2.4. that are vacuum cleaners – the User is obliged to empty the dust or water container,

2.6.2.5. with fuel or oil tanks – the User is obliged to empty them completely,

2.6.2.6. with chemical tanks – the User is obliged to empty those tanks and additionally rinse them.

Particular attention is drawn to the fact that dangerous goods, including corrosive and flammable substances, are strictly prohibited in domestic and international transport.

2.6.3. The User is obliged to properly secure the Device for transport. FIXIT recommends using fillers and bubble wrap, and packing the Device in packaging that sufficiently protects the contents against damage and destruction that may occur during transport. In the case of Devices with glass elements, FIXIT also recommends marking the shipment with appropriate labels, for example “FRAGILE”. Particular attention is drawn to the risk of minor scratches that may occur as a result of insufficient protection of the Device. FIXIT and the Manufacturer are not responsible for damage occurring during transport or resulting from improper or insufficient protection of the Device by the User. In the situation referred to in the previous sentence, both removal of the reported fault and repair of transport damage may be carried out by FIXIT only at the User’s expense.

2.6.4. The User is obliged to print and place on the shipment the Device service label received at the email address indicated by the User, or to indicate on the shipment the RMA number assigned to the Request. The RMA number is also received by the User in the email sent after submitting the Request.

2.6.5. Handling of Expert Assessments and Warranty Repairs may be carried out in door-to-door mode through a forwarding company, as well as in other forms, in particular by delivering the Device by the User to the indicated service point, in accordance with the Service Procedures or arrangements with FIXIT.

2.6.5.1. If transport through a forwarding company ordered by FIXIT is selected, the transport costs are covered by FIXIT, and the shipment with the Device is handed over in the manner indicated by FIXIT, in particular by collecting the shipment from the User at the address indicated in the request form on the Website within 2 to 3 business days from the date of confirmation of the Request or on the date selected by the User in the request form.

2.6.5.2. If transport through a forwarding company selected by the User is selected, the transport costs are covered by the User.

2.7. Warranty Repair of the Device.

2.7.1. After performing the Expert Assessment of the Device, FIXIT verifies whether the reported defect is subject to Warranty Repair, including in particular whether the Manufacturer’s warranty conditions have been met and whether the required documents confirming warranty rights have been presented.

2.7.2. If it is determined that the Device is subject to Warranty Repair, FIXIT proceeds with its performance without the need to obtain separate consent from the User.

2.7.3. If it is determined that:

a) the reported defect is not subject to Warranty Repair, in particular due to mechanical damage, flooding or other circumstances excluding the Manufacturer’s warranty liability, or

b) there are no grounds to confirm warranty rights, in particular due to failure to present the required documents, FIXIT proceeds in accordance with section 2.4 above.

2.7.4. After the Warranty Repair of the Device has been completed, a Device service report is sent to the User’s email address. Detailed rules for the performance of Warranty Repair by FIXIT are set out in section 10 of the Terms and Conditions.

2.8. Receipt of the return shipment with the repaired or returned Device.

2.8.1. Upon receipt of the return shipment, the User is obliged to check its contents and the condition of the Device in the presence of the courier.

2.8.2. If any irregularities are found, for example damage to the packaging, damage to the Device or incompleteness of the shipment, the User is obliged to:

2.8.2.1. prepare a damage report with the courier. Particular attention is drawn to the fact that compensation for damage to the shipment from the carrier may be pursued only on the basis of a damage report,

2.8.2.2. immediately inform FIXIT of the situation in the manner indicated in the Service Procedures (“Contact”),

2.8.2.3. optionally, take photographs showing the damage and the manner in which the Device was packed. Photographic documentation will speed up the compensation claim process.

2.8.3. FIXIT is not responsible for problems related to the cooperation of the complained Device with devices and software of manufacturers other than the Manufacturer.

2.8.4. If the User fails to collect the shipment with the Device and the Device is returned to FIXIT, FIXIT will charge the User a storage fee for the Device in the amount of PLN 100 for each commenced month.

2.8.5. Detailed rules for collecting the Device are set out in section 11 of the Terms and Conditions.

3. Post-warranty service.

3.1. Submitting a Request.

3.1.1. In order to agree on the availability of components necessary for Post-warranty Repair of the Device, the expected time for completion of the Expert Assessment and Post-warranty Repair, the estimated price of the service and details concerning transport of the Device, the User may contact FIXIT via the email address indicated in the Service Procedure (“Contact”) before submitting the Request.

3.1.2. A Post-warranty Repair Request must be preceded by submitting a request for an Expert Assessment of the Device. After arrangements have been made with FIXIT in the manner indicated in section 3.1.1 above, the Request may be submitted in one of the following ways:

3.1.2.1. via the Website (http://rma.fixit-service.com/) after logging in to the Account (extended functionality), or

3.1.2.2. via the Website (http://rma.fixit-service.com/) without logging in to the Account, using a simplified form (limited functionality),

3.1.3. No documents are required to be attached to the Request. The User is obliged to include in the Request form an accurate description of the Device fault. An imprecise or incomplete description of the fault may make it difficult or impossible to perform reliable diagnostic tests, which may result in the defect not being detected, for which FIXIT shall not be liable.

3.1.4. If individual arrangements are made between FIXIT and the User, the User may be asked to send the RMA number of the Request to the email address indicated in the Service Procedure (“Contact”).

3.1.5. Detailed rules for submitting Requests via the Website are set out in section 8 of the Terms and Conditions.

3.2. Preparation and transport of the shipment containing the Device.

3.2.1. The provisions set out in sections 2.6.1 to 2.6.4 above apply accordingly to the preparation and transport of the shipment containing the Device as part of the Expert Assessment and Post-warranty Repair.

3.2.2. The shipment containing the Device may be transported in a manner agreed with FIXIT or selected by the User, in particular:

3.2.2.1. through a forwarding company indicated by FIXIT, at the expense of FIXIT or the User, or

3.2.2.2. through a carrier selected by the User, at the User’s expense.

3.3. Post-warranty Repair of the Device.

3.3.1. After performing the Expert Assessment of the Device, FIXIT sends to the User’s email address a report containing a description of the detected defects or damage to the Device and any possible causes that can be determined, together with a cost estimate for repairing the Device. The cost estimate includes information on the diagnosed faults of the Device and the total cost of the Device repair service, including the cost of parts requiring repair or replacement and the costs of labour and transport. Detailed rules for the performance of the Expert Assessment agreement by FIXIT are set out in section 9 of the Terms and Conditions.

3.3.2. If the User does not decide to have the Post-warranty Repair performed in accordance with the report and cost estimate presented by FIXIT, fails to accept the report or cost estimate within the deadline indicated by FIXIT in the email sent to the User, or fails to make payment within the deadline indicated in the payment link provided to the User, the User may be charged by FIXIT a fee for performing the Expert Assessment and transport costs (“Handling Fee”), in the amount indicated to the User in the email.

3.3.3. At the User’s request submitted by email, the Device may be scrapped and recycled free of charge in accordance with the applicable waste regulations.

3.3.4. After the User accepts the report and cost estimate referred to in section 3.3.1 above, a link for payment for the repair of the submitted Device is sent to the User’s email address, in accordance with the valuation prepared by FIXIT and accepted by the User.

3.3.5. Repairs are performed within the deadline indicated by FIXIT in the email sent to the User or in the cost estimate, after FIXIT receives confirmation of payment referred to in section 3.3.4 above. In justified cases, in particular if it is necessary to obtain parts or if other circumstances beyond FIXIT’s control occur, the repair deadline may change. In such a case, the User will be informed of the new expected repair completion date at the email address indicated in the request form.

3.3.6. After the Post-warranty Repair of the Device has been completed, a Device service report is sent to the User’s email address. Detailed rules for the performance of the Post-warranty Repair agreement by FIXIT are set out in section 10 of the Terms and Conditions.

3.4. Receipt of the return shipment with the repaired or returned Device.

3.4.1. The provisions set out in section 2.8 above apply accordingly to the receipt of the return shipment with the repaired or returned Device as part of the Post-warranty Repair.

4. Final provisions.

4.1. In the event of any doubts or comments concerning the provision of Device repair services as part of warranty or post-warranty service, the User may contact FIXIT in the manner indicated in the Service Procedure (“Contact”).

4.2. All complaints concerning FIXIT services should be sent by email to the FIXIT address indicated in the Service Procedure (“Contact”). The deadline for FIXIT to consider a complaint is 14 days from the date the complaint is submitted.

4.3. Consumers may use out-of-court complaint handling and dispute resolution methods. The rules for access to these procedures are available at the offices and on the websites of district or municipal consumer ombudsmen, social organisations whose statutory tasks include consumer protection, and Voivodeship Inspectorates of Trade Inspection.

4.4. Detailed information on personal data protection is included in the Privacy Policy available at: https://rma.fixit-service.com/rma/document/

4.5. If any provisions of the GTC prove ineffective, this shall not affect the validity of the remaining provisions of the GTC.

4.6. The Service Procedures form an integral part of the GTC. In the event of a conflict between the GTC and the Service Procedures, the Service Procedures shall prevail.

4.7. FIXIT reserves the right to amend the GTC and the Service Procedures by publishing their new content on the Website.

4.8. Any disputes arising in connection with the GTC or the Service Procedures shall be resolved amicably. If an agreement cannot be reached, the court competent to resolve the dispute shall be the competent common court. In the case of a User who is not a Consumer, the court competent to resolve the dispute shall be the court having territorial jurisdiction over the registered office of FIXIT.