Fairphone Cell Phone Recycling Program Terms and Conditions

At Fairphone, We are changing the industry from the inside out and establishing a sustainable electronics market by giving used smartphones a second life or ensuring they are responsibly recycled.  

It might not be the most exciting part, but these Fairphone Cell Phone Recycling Program Program Terms and Conditions ("Program Terms") are here to ensure the rules under which You participate in our program are crystal clear. They tell You who We are, and what to expect when sending Your Product to Us.  

These Program Terms, together with the Fairphone Privacy Policy, form the legally binding agreement between Fairphone and any Participant in the Fairphone Cell Phone Recycling Program via our website: https://us.fairphone.com/recycle.  

Participation is completely voluntary and separate from purchasing products in our Webshop. This program provides a free, prepaid mail-in pathway exclusively for environmental compliance in alignment with applicable US state recycling acts, and carries zero cash value or trade-in credit. 

Please save or download a copy of these Program Terms for your future reference. 

These Program Terms were last updated on 18 August 2026.

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

1. Who we are

1.1 These Program Terms are a contract between You and FairPhone, Inc., a Delaware corporation ("Fairphone", "We", "Us", or "Our").

2. The Fine Print, Translated

2.1 Defined Terms. 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.

• “Form” means the questionnaire accessible through Our Website, via https://us.fairphone.com/recycle .
• “Participant” ("You" or "Your") means any natural person living within the eligible US states (California, Maine, New York, or West Virginia), above the age of 18, who is the sole owner of the Product and legally capable of entering into a binding contract with Us.
• “Product” means the cellular smartphone device and its internal battery which the Participant sends for recycling.
• “Recycling Program Partner” means the third-party service provider which Fairphone has contracted and its contracted network of certified recyclers across the United States responsible for logistics, processing, and refurbishing or recycling of the Product
• “Recycling Program” means the application form and processes through which Fairphone provides a cost-free mail-in recycling pathway for end users in compliance with state e-waste regulations.
• “Cell Phone Recycling Program Terms” or “Program Terms” means these terms and conditions, including updates, alterations, and possible appendices published on the Fairphone Website.
• “Shipping Label” means the prepaid shipping document the Participant receives via email after completing the Form.
• “Website” means Fairphone’s official online presence accessible at us.fairphone.com (including us.fairphone.com/recycle and any subdomains or designated partner portals operated on Our behalf), as updated from time to time.

3. Scope of Application

3.1 Program Purpose. In alignment with the California Cell Phone Recycling Act, the New York State Wireless Telephone Recycling Act, the Maine Revised Statutes, and the West Virginia Covered Electronic Devices Recycling Act, the Recycling Program provides a free, prepaid mail-in pathway exclusively for the environmentally responsible disposal, reuse, or material recovery of cellular phones. This program is strictly for environmental compliance and provides zero cash value, trade-in credit, gift cards, or financial rewards.

3.2 Non-Returnable Accessories & Non-Eligible Waste. The program strictly applies to complete cellular smartphones and their internal batteries. Standalone accessories, chargers, cables, or protective cases receive no processing oversight, cannot be tracked or returned, and will be discarded upon arrival. Non-cell phone electronic waste, including but not limited to computers, laptops, televisions, monitors, tablets, and standalone lithium-ion batteries, is strictly prohibited. Any non-eligible items sent in error will be refused at delivery, returned to the sender at the sender's own expense, or recycled and disposed of at Fairphone's sole discretion with zero liability or return obligation to the sender.

3.3 Participant Warranties. The Participant shall represent and warrant:

• that there are no liens, encumbrances or security interests attached to the Product;
• that the Product is not counterfeit, stolen or fraudulent;
• that the Participant is not infringing on the intellectual property rights of a third party;
• that the Participant has filled in the Form truthfully.

3.4 Exclusion of Commercial Entities & Business Recycling. Bulk corporate, industrial, dealer, retailer, or reseller electronic waste is strictly excluded from participating in this household consumer program. Businesses attempting to dispose of commercial quantities or corporate assets must independently comply with state Universal Waste tracking codes and utilize certified commercial hazardous waste handlers. Any bulk commercial or industrial shipments sent to this program will be rejected and may be returned at the sender's expense.

3.5 Device Submission Limits. Individual users may request prepaid shipping labels to recycle a maximum of two (2) devices per single transaction request. To align with specific state statutory thresholds, limits of up to ten (10) devices per calendar year may be enforced for New York residents.

3.6 Geographical & Legal Compliance. By submitting the Form on the Website:

• You accept and agree that You are bound by the Program Terms; 
• You acknowledge that You have read and understood the information concerning the Fairphone Privacy Policy; and
• You confirm that You live within California, Maine, New York, or West Virginia. If You try to participate from outside these eligible states, no Shipping Label will be issued and transactions will be automatically canceled.

4. Device Condition & Hazardous Battery Rules

4.1 Submitting the Form. To participate in the Recycling Program, You must fill out the Form accessible via us.fairphone.com/recycle.

4.2 Accuracy of Information. It is Your sole responsibility to ensure the accuracy and correctness of the information provided in the Form.

4.3 Locked or Blocked Products. You are required to remove all account locks and perform a factory reset prior to shipment.  If a Product is locked by activation services or cloud accounts (such as Find My iPhone, Apple ID, or Android Find My Device), We cannot prepare the device for reuse. If a Product remains activation-locked, our Recycling Program Partner or its designated processing facilities will send the unit directly to mechanical destruction and material recovery. 

4.4 STRICT BATTERY SAFETY WARNING. LOOSE, SWOLLEN, BLOATED, PUNCTURED, OR LEAKING LITHIUM-ION BATTERIES ARE STRICTLY PROHIBITED FROM SHIPMENT UNDER DEPARTMENT OF TRANSPORTATION (DOT) HAZARDOUS MATERIAL TRANSPORT LAWS. ALL BATTERIES MUST REMAIN SECURELY HOUSED INSIDE THE DEVICE FRAME. IF BATTERY DAMAGE POSES A TRANSIT FIRE HAZARD, THE DEVICE CANNOT BE MAILED USING OUR CARRIER AND MUST BE SAFELY DISPOSED OF THROUGH A LOCAL MUNICIPAL HAZARDOUS WASTE PROGRAM. IF YOU SHIP A COMPROMISED BATTERY, YOU ASSUME DIRECT LEGAL AND FINANCIAL LIABILITY FOR ANY RESULTING PROPERTY DAMAGE, PERSONAL INJURY, OR STATUTORY VIOLATIONS.

4.5 Counterfeit, Lost, or Stolen Products. Fairphone and its Recycling Program Partner reserve the right to retain Products determined to be counterfeit, reported lost or stolen, or derived from fraudulent activities, report the matter to law enforcement, and surrender the Product to legal authorities.

4.6 Non-Returnable Accessories and Storage Media. You must remove all SIM cards, memory (SD) cards, and personal accessories (including protective cases, chargers, cables, and original packaging) before shipping Your Product. Any SIM cards, memory cards, packaging, or accessories received with the Product will be immediately destroyed or recycled upon receipt and cannot be returned under any circumstances.

5. Formation of the Contract & Ownership Transfer

5.1 Transfer of Ownership. Absolute title, legal ownership, and interest in the Product transfer to Fairphone immediately upon the carrier’s initial system scan and physical acceptance of the package using the provided prepaid Shipping Label.

5.2 Finality & No Returns. Once shipped, participation constitutes an absolute and permanent relinquishment of all rights to the Product. Under no circumstances can devices be returned or retrieved once shipped.

6. Sending in Your Product

6.1 Participant Verification. To receive a Shipping Label, You must provide Your full name, valid email address, postal address, telephone number, and accurate device information (device count, model description). Fairphone does not directly obtain or store your program registration data, as registration and platform operations are managed by Our Recycling Program Partner.

6.2 Label Generation & Shipping. Upon completing the Form, Your Shipping Label and instructions will be sent to Your email. You must print the label, pack the cellular phone(s) securely, and bring the package to an authorized drop-off point. Packages sent directly to Fairphone corporate offices cannot be processed and will be rejected or lost.

6.3 Shipment Quantity Limits. You can send up to a maximum of two (2) devices per single shipment package.

6.4 Packaging Obligations. You must follow provided packaging instructions and ensure the Product is protected against physical damage during transport. Never include loose lithium-ion batteries in any package.

7. Financial Terms & Disclaimer of Warranties 

7.1 Zero Cash Value. Taking back and recycling Your cellular phone is 100% free of charge when following these Program Terms. This program provides zero cash value, trade-in credit, gift cards, or financial payouts. Charges will only apply if non-cellular items are shipped, in which case items will be returned at the sender's expense.

7.2 DISCLAIMER OF WARRANTIES & WEBSITE INFRASTRUCTURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RECYCLING PROGRAM, WEBSITE, AND PREPAID SHIPPING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FAIRPHONE DOES NOT GUARANTEE UNINTERRUPTED, ERROR-FREE ACCESS TO THE WEBSITE INFRASTRUCTURE AND RESERVES THE RIGHT TO SUSPEND OR MODIFY CONTENT WITHOUT NOTICE. USERS ARE PROHIBITED FROM MISUSING THE WEBSITE BY INTRODUCING VIRUSES, TROJANS, OR MALICIOUS CODE. FAIRPHONE ASSUMES NO LIABILITY FOR HARDWARE, SOFTWARE, OR TRANSIT SYSTEM BUGS ENCOUNTERED WHILE INTERACTING WITH THE PLATFORM.

8. Data Protection & Data Release

8.1 USER DATA RESPONSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND REMOVING ALL PERSONAL DATA, CLOUD ACCOUNTS (E.G., APPLE ICLOUD OR GOOGLE ACCOUNT), SIM CARDS, AND STORAGE MEDIA, AND PERFORMING A FULL FACTORY RESET PRIOR TO SHIPMENT.

8.2 RELEASE OF DATA LIABILITY. BY PARTICIPATING, YOU EXPRESSLY RELEASE AND FOREVER DISCHARGE FAIRPHONE INC., ITS RECYCLING PROGRAM PARTNERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO RESIDUAL DATA REMAINING ON ANY DEVICE, DATA RECOVERY ATTEMPTS, OR THIRD-PARTY DATA PRIVACY VIOLATIONS. ALL DEVICES ARE SUBJECT TO IMMEDIATE MECHANICAL DESTRUCTION OR DATA ERASURE WITHOUT RETRIEVAL RIGHTS.

9. Right to termination & Program Modification

9.1 Program Continuity & Modifications. In compliance with state environmental laws, Fairphone will maintain a continuous, cost-free phone recycling pathway for eligible residents. Fairphone reserves the right to alter logistics, administrative partners, carriers, or Website content at any time.

9.2 Individual Exclusions. Fairphone and its Recycling Program Partner reserve the right to deactivate issued shipping labels, refuse service, or permanently block a specific individual’s, address’, or IP address’ ability to request future labels if a violation of these Program Terms is discovered. Triggers for immediate exclusion include, but are not limited to: attempts to submit commercial or bulk quantities, submission of fraudulent or stolen property, any attempt to mail hazardous materials (such as loose, damaged, or swollen lithium-ion batteries), or any form of system abuse.

10. Limitation of liability & Indemnification

10.1 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIRPHONE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RECYCLING PROGRAM PARTNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM.

10.2 INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FAIRPHONE INC., ITS RECYCLING PROGRAM PARTNERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY THIRD-PARTY CLAIMS, LOSSES, LIABILITIES, EXPENSES, OR DEMANDS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF YOUR BREACH OF THESE TERMS, ILLEGAL SHIPMENT OF HAZARDOUS OR STOLEN PROPERTY, OR FAILURE TO ERASE PERSONAL DATA.

11. Other Important Bits (Miscellaneous)

11.1 Severability. If any court or authority decides that any provision of these Program Terms is invalid or unenforceable, the remaining paragraphs will remain in full force and effect.

11.2 Assignment & Transfer. Fairphone may transfer its rights and obligations under this contract to another organization without affecting Your rights. You may only transfer Your rights or obligations to another person if Fairphone agrees in writing.

12. Changes to these Program Termss

12.1 Amendment Rights. Fairphone reserves the right to amend these Program Terms at any time by publishing an updated version on Our Website.

12.2 Remedy. If You do not agree to an amended version of these Program Terms, Your sole recourse is to stop participating in the Cell Phone Recycling Program

12.3 Applicable Version. Participation in the Cell Phone Recycling Program is governed by the version of the Program Terms in effect at the time You submit the Form.

13. Applicable Law & Dispute Resolution

13.1 Governing Law. These Program Terms and any contractual relationship, dispute, or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware and applicable federal laws of the United States, without giving effect to any choice or conflict of law principles. Statutory environmental compliance requirements shall remain subject to the applicable e-waste laws of the state where the recycling request originated (California, Maine, New York, or West Virginia).

13.2 BINDING ARBITRATION & CLASS ACTION WAIVER. YOU AND FAIRPHONE INC. AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS PROGRAM SHALL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION RATHER THAN IN COURT. YOU EXPRESSLY WAIVE ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST FAIRPHONE INC. OR ITS RECYCLING PROGRAM PARTNERS.

13.3 WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY UNCONDITIONALLY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS.

V 1.0 Valid from 18th of August 2026