Terms and conditions of sale Fairphone

At Fairphone, We are changing the industry from the inside out. Our mission is to establish a viable market for sustainable consumer electronics by supplying Our Products to Customers.

It might not be the most exciting part, but the present terms and conditions (“Terms”) are here to ensure the rules under which We supply Our Products to You are crystal clear. They tell You who We are, how We will provide Products to You, how You or We may change or terminate the Contract, what to do if there is a problem and other important information that You do not want to miss. Please ensure that You carefully read and understand the Terms when You order any Product from Us.

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

1. Who we are

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

Mailing & Contractual Notice Address:

FairPhone Inc., c/o Thorelli & Associates

Three First National Plaza

70 West Madison Street Suite 5750

Chicago, IL 60602

2. What is this about?

2.1 The Terms apply to everything related to Your purchase of any Fairphone Product bought directly via Our official Online Shop and exclude all other terms and conditions unless previously agreed upon in writing by Fairphone.

2.2 The Terms do not apply to You if:

• as part of a business or professional activity, You distribute the Product or set up any system to resell it to others.
• You did not purchase Your Product on our Online Shop but via one of our Resellers. If so, please refer to the Reseller’s own terms and conditions;
• You are not the first end-user of the Product.

2.3 If these Terms change, the version that applies to You is the one that was in effect at the time of Your purchase.

2.4 Our Privacy Policy, Warranties and Terms of Use may also apply. To find out more about those, check Our Legal Hub.

3. The Fine Print, Translated

3.1 Just so that we are all on the same page about the important bits, in the Terms, capitalized terms shall have the meaning given to them in this section 2.1 or as otherwise determined in the Terms:

• “Covered Territory” means the physical geographic boundaries of the forty-eight (48) contiguous United States and the District of Columbia. 
• “Non-Contiguous U.S. Territories” means any United States state, territory, possession, or military installation located outside the Covered Territory. This includes, but is not limited to, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and all APO/FPO/DPO addresses. This definition strictly excludes all foreign countries and international jurisdictions.
• “Customer” ("You", “Your” or "Yours") means a natural or legal person, who purchases Product(s) via the Online Shop for personal, non-commercial use. You must be above 18 and reside within the United States of America. 
• “Online Shop” means Our on-line shop section through which Fairphone Products are offered for sale, and where Customers can browse, order, and pay for those Products accessible at us.fairphone.com.
• "Product(s)" means the hardware products and associated software sold by Fairphone, including but not limited to smartphones, audio products and their spare parts and accessories.
• "Reseller" means an authorized third-party sales partner or distributor explicitly permitted by Fairphone to sell the Product within the Covered Territory.
• “United States of America” means all geographic areas, territories, and postal jurisdictions under the sovereignty or administrative control of the United States of America. For the purposes of these Terms, the USA is strictly divided into the following two categories “Covered Territory” and “Non-Contiguous U.S. Territories” as defined above.
• “Website” means Fairphone’s official online presence accessible at us.fairphone.com, including all informational pages, blogs, support content, and company-related materials not directly related to placing Product orders.

4. How to Purchase Our Products

4.1 When you browse Our Online Shop and add items to Your basket, You're not committing to anything just yet — think of it like window shopping. Your order becomes a binding offer to buy the Products only when You complete the checkout and payment process.

4.2 Once We receive Your payment, We will send You an email confirming Your order, including a breakdown of the Products You purchased and the corresponding invoice. This confirmation e-mail represents the acceptance of Your binding offer by Us. This is the start of a Contract between You and Us (“Contract”).

5. Your Obligations

5.1 Prior to any purchase, You are responsible to provide Us with accurate, current and complete information.

5.2 If You are not of legal age or act on behalf of someone else, it is Your responsibility to either obtain the consent of a legal representative or the person in question.

6. When Things Go Wrong

6.1 If You do not receive Products You have paid for, You may be entitled to a refund or replacement. If Your order is confirmed as lost by Fairphone or an authorized Fairphone delivery partner during shipment, You may request a replacement by contacting Our customer support. A new order will then be issued to You, unless the courier locates the original order within fourteen (14) calendar days. The order will be redirected and delivered to Your address instead.

6.2 If you contact Us about a Product failure, we will assess the issue and, where appropriate, provide a repair, replacement, or refund in accordance with Our Limited Warranty and applicable law. This does not affect any rights you may have under applicable consumer protection laws.

6.3 If We are unable to accept Your order, We will inform You of this in writing and will not charge You for the Product.

7. Our Products

7.1 Products and their packaging may differ slightly from the images shown on Our Website or Online Shop. While We do Our best to display colors accurately, the images are for illustrative purposes only, and We cannot guarantee that Your screen reflects the exact color of the actual Product.

7.2 We reserve the right to modify the specifications or settings of the Products at any time. This may include changes required to comply with laws or regulations, or minor technical updates and improvements—such as those needed to enhance security or performance.

8. Prices & Payment

8.1 All prices shown on Our Online Shop do not include any present or future federal, state or local property, sales, use, excise, license, gross receipts or other taxes or assessments which may be applicable to, imposed upon in connection with these Terms and/or the Products. Final pricing, including any applicable shipping fees, is shown at checkout before You place Your order.

8.2 Shipping costs, import taxes, and other applicable fees (such as customs duties or tariffs) depend on Your order value and are Your responsibility.

8.3 Our Products will be charged in U.S. Dollars ($).

8.4 We may update Our prices from time to time. However, the price You see at checkout is the price that applies to Your purchase.

8.5 Payments must be made according to the instructions provided during checkout or communicated by Us directly. If We discover a pricing error after You’ve placed an order, head to section 7.10 to check for how We handle such cases.

8.6 You can pay using the methods offered during checkout. Payment is generally due in full at the time You place Your order, and Your order will not be processed until payment is received.

8.7 If You choose a payment method that allows for payment in installments (such as through a third-party provider), the terms, costs and schedule of those payments are set by that provider. Please review their terms and conditions carefully before choosing this option.

8.8 If You experience payment issues at checkout, contact Our customer support. Please note that some problems may be related to Your payment provider (e.g. Your credit or debit card), in which case You need to reach out to them directly.

8.9 Once Your order is confirmed, You’ll receive a digital invoice by email. This also serves as Your proof of purchase for warranty and support purposes.

8.10 Despite Our best efforts, it is possible that some Products may be listed with incorrect prices. We usually check prices before accepting orders thus:

• If the correct price at the time of Your order is lower than what was shown, We’ll charge You the lower amount.
• If the correct price is higher, We’ll contact You to confirm whether You still want to proceed before accepting Your order.

If you believe there’s a mistake on Your invoice, please reach out to Our customer support as soon as possible.

9. Shipping & Delivery

9.1 The delivery address must be within the Covered Territory mentioned in Section 2. The billing address must be within the United States of America.

9.2 The delivery address You entered at check-out will be used to ship Your Product. Once Your order is confirmed, You can only request a refund or order a new Product, You will be unable to change Your delivery address or contact details, make sure these are accurate before completing Your order.

9.3 During the order process We will give You an estimated time of delivery. If Your order includes multiple Products, the estimated delivery time will be based on the item with the longest lead time. Fairphone is unable to split orders.

9.4 We are not liable, in any circumstances, for any failure or delay in fulfilling Our obligations under the Contract. Time is not of the essence. We are not liable for any loss or damages resulting from such delay or failure regardless of whether such delay or failure is caused by events beyond Our reasonable control (“Force Majeure”). These events may include, but are not limited to, Acts of God, flood, drought, earthquake or other natural disaster; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations; nuclear, chemical, biological contamination or sonic boom, epidemic or pandemic; any law or any action taken by a Government or a public authority including without limitation imposing an export or import restriction, quota or prohibition, and the collapse of buildings, fire, explosion or accident. However, if such a Force Majeure event causes a significant delay (e.g. more than thirty (30) calendar days beyond the original estimated delivery date), You may contact Us to cancel Your order and receive a refund for any Products You have paid for but not yet received.

9.5 If no one is available at Your address at the time of delivery and the Products do not fit in Your letterbox, We will leave a note informing You how to rearrange delivery. If You do not collect the Products from Us as arranged or if, after a failed delivery, You do not re-arrange delivery, We will contact You for further instructions and may charge You for storage and any further delivery costs. If, despite Our reasonable efforts, We are unable to re-arrange delivery or collection We may end the Contract according to section 12. For further information on delivery, click here.

10. Officially Yours!

10.1 You officially become the owner of Your Product when We have received full payment for the Products ordered. Risk of loss or damage passes on to You from that moment on. Except in cases of manufacturing defects or non-conformity covered by Our Limited Warranty, You are therefore responsible for the Products and any loss or damage that may occur.

11. Your Rights to Terminate the Contract

11.1 You may choose to terminate Your Contract with Us or request a product return depending on Your situation:

• If We fail to meet a major obligation under the Contract (for example, failing to deliver your Product or violating your warranty rights).
• If the Product is defective right out of the box (30-Day DOA Swap): We want to get a working device into Your hands as fast as possible. If an inherent hardware or manufacturing defect appears within thirty (30) calendar days of Your delivery date, You are eligible for our Dead on Arrival (DOA) benefit. We will ship You a replacement Product (subject to stock availability). For full eligibility criteria and instructions, please refer directly to Section 3.B of Our Return Policy.  If the Product develops a defect later: Any hardware defects or failures reported after the initial 30-day DOA window will be serviced, repaired, or replaced under the terms of Our standard Limited Warranty.
• If You change Your mind (14-Day Satisfaction Guarantee): We offer a voluntary commercial right to return Your Products for a refund within fourteen (14) calendar days of physical delivery,  for more information see Our Return Policy.
• If there is a significant delay: You may terminate the Contract and receive a full refund for any Products paid for but not yet delivered if there is a risk of significant delay (more than 30 calendar days) due to Force Majeure, or if We have suspended supply of the Product for technical reasons for more than thirty (30) calendar days.

11.2 Your refund will include the full purchase price and the original delivery costs, and it will be issued using the same payment method You used for Your order.

11.3 All returns, replacements, and refunds are governed strictly by Our Return Policy, which is fully incorporated into these Terms by reference.

• Strict Original Condition Requirement (Refunds): To receive a refund under our 14-day satisfaction guarantee, all Products must be returned in their original condition, including all original components, modules, accessories, and premium packaging. Incomplete or damaged returns will not be processed, and no refund will be issued for such items.
• Complete Package Requirement (DOA Swaps): To qualify for a DOA swap, the Product must also be returned in its entire original retail box with all inbox accessories, modules, chargers, and manuals, as detailed in Section 3.B of our Return Policy. If an incomplete box is returned, the claim will automatically fall back to our standard repair pathway.

12. How to Practically Terminate the Contract

12.1 Now that we’ve outlined when You can terminate Your Contract with Us, let’s see how to go about it:

• To terminate the Contract or initiate a return under Section 10, contact Our customer support or submit a request via Our digital Self-Service Return Portal.  
• Our team or portal will issue You a unique Return Merchandise Authorization (RMA) tracking number along with a prepaid shipping label.  
• If You terminate the Contract for any reason after the Products have been dispatched to You or You have received them, You must package and return them to Us in accordance with the guidelines in Our Return Policy.

13. Our Rights to Terminate the Contract

13.1 We may terminate the Contract for a Product at any time by notifying You in writing if:

• You do not, within a reasonable time, provide Us with the information necessary to deliver the Products;
• You do not, within a reasonable time, allow Us to deliver the Products to You or You do not collect them from Us;
• You fail to complete payment within fourteen (14) calendar days of placing Your order—in which case the order will be automatically cancelled by Our system.

13.2 We also reserve the right to terminate the Contract if the information You provide is false, inaccurate, outdated, or incomplete or if We suspect You are engaging in any illegal activities and/or activities subject to sanctions. In such cases, You will not be entitled to any additional compensation, and You may be held liable for any costs or damages We incur, including but not limited to extra shipping or handling expenses.

13.3 If We end the Contract in any of the situations above, We will refund any payments You have made in advance for Products not yet delivered. However, We reserve the right to deduct or charge reasonable compensation to cover the costs incurred as a result of Your breach of the Contract.

14. If there is a Problem with the Product

14.1 If You have any questions or complaints about the Product, please contact Our customer support or submit a request via Our digital Self-Service Return Portal.

14.2 We aim to deliver Products which match their description, and meet acceptable quality standards.

15. Liability

15.1 Nothing in these Terms will limit or exclude Fairphone’s liability for personal injury or death or any other liability which the law states may not be excluded or limited.

15.2 We are not responsible for any loss, damage, or costs that result from:

• Your failure to follow the instructions provided with the Product or on Our Website;
• The inaccuracy of the information provided by You;
• Events outside Our control (see section 8.4 on Force Majeure);
• Use of the Product in a way that is not intended or recommended, including any modifications, repairs, or installations not performed by Us or an authorized party.
• This includes situations where damage or malfunction is caused by third parties or by using the Product in ways that go against Our guidance or documentation, as outlined in Our Limited Warranty.

15.3 We will not be liable for any indirect damage or loss including but not limited to:

• loss of income, loss of business or business opportunity, loss of actual or anticipated profits or revenues, loss of goodwill or reputation;
• loss due to any damage to and/or corruption or loss of data.

15.4 In other words, We take responsibility for what’s Ours—if We mess up, We’ll fix it, but We’re not responsible for indirect losses (like lost profits) or issues caused by misuse.

15.5 In any case, our financial responsibility for direct damages will not be higher than the amount You paid for the specific Product under the Contract, as per Our Limited Warranty.

16. Access & Changes to the Online Shop

16.1 To keep things running smoothly, We may perform updates or maintenance on the Online Shop. We also reserve the right to suspend or restrict access to some features to users. In any case, We will not be liable if for any reason all or any part of the Online Shop is unavailable at any time or for any period.

17. Applicable Law & Dispute Resolution

17.1 All Contracts concluded with Fairphone will be governed by the laws of the state of Delaware, in the United States of America.

17.2 Any dispute between You and Us in relation to the Contract, including the understanding and extent of these Terms, will be resolved by the competent federal and state courts located in the state of Delaware in the United States of America.

18. Other Important Bits

18.1 These Terms, along with any documents or policies we refer to in them (like Our Limited Warranty or Return Policy), make up the full agreement between You and Fairphone for Your purchase. They replace any earlier discussions, emails, or messages We may have had about the same order.

18.2 We may update or make changes to these Terms from time to time at Our discretion. It is Your responsibility to review the Terms periodically to stay informed of any changes.

18.3 We may transfer Our rights and obligations under the Contract to another organization. We will do Our best that the transfer will not affect Your rights under the Contract. 

18.4 This Contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither of Us will need to get the agreement of any other person in order to terminate the Contract or make any changes to these Terms.

18.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

V 1.0 Valid from 10th of August 2026