GENERAL CONDITIONS OF SALE OF REFURBISHED DEVICES

These general conditions of sale indicate, in compliance with the regulations in force on contracts concluded at a distance and, in compliance with the protection of the Consumer, the conditions and methods of purchase of the products and services offered on RecallFirstHand.it, under the conditions all specified therein, unless otherwise agreed specifically between the Parties.

These conditions must, therefore, be read and accepted by the Client and/or Consumer before purchasing the proposed items and the services offered.

The general conditions of sale take effect from the date of acceptance of the same. The acceptance of the conditions of sale carried out according to the methods set up on RecallFirstHand.it, is valid, in all respects, as acceptance under Article 1341 of the Civil Code.

Article 1: DEFINITIONS

Distance contract: any contract concluded between RecallFirstHand and the Client and/or Consumer, through the exclusive use of one or more means of distance communication, in the framework of a sales or service supply system that does not provide for the simultaneous physical presence of RecallFirstHand and of the Client and/or Consumer during the negotiation and, until the conclusion of the contract;

Sales contract: any contract whereunder RecallFirstHand transfers or, undertakes to transfer, the ownership of the products/items to the Client and/or Consumer who pays or, undertakes to pay the amount indicated on RecallFirstHand.it. This type of contract also includes contracts relating to services;

Service contract: any contract, other than a sales contract, as defined above, whereby RecallFirstHand provides or, undertakes to provide, a service to the Customer and/or the Consumer who pays or, undertake to pays for it an amount indicated on RecallFirstHand.it;

Professional:       ITC Srl, based in Via Melzi d’Eril 44, 20154 Milan (MI).

Tel: 0331 1536409

Email: info@recalfirsthand.it

Client: any person, Consumer or Professional, who purchases goods or services from RecallFirstHand, through one of the methods identified above, through the use of the internet portal RecallFirstHand.it or, through other remote purchasing procedures or, again, through any other form of purchase provided for by Italian law;

Consumer: any individual who purchases goods and services from RecallFirstHand for purposes unrelated to their business, commercial, craft or professional activity, through the internet portal RecallFirstHand.it or, through other remote purchasing procedures or, similarly, through any other form of purchase provided for by Italian law;

Products or Goods: all movable goods under the RecallFirstHand brand or, another brand, that RecallFirstHand is authorised to market and resell on Italian territory;

Digital product: all data produced and/or provided by RecallFirstHand in digital format;

Article 2: PRE-CONTRACTUAL INFORMATION

Before closing any contract with RecallFirstHand, the Client and/or the Consumer declares to have read the technical description of the product and/or service purchased, contained in the data sheets prepared for each item or, service sold and/or supply on RecallFirstHand.it.

The client further states that they acknowledge that the images shown on the RecallFirstHand.it portal are informative, therefore, the product/good purchased may not reflect the photograph displayed on the portal in the image (aesthetic aspect). It is further clarified that the technical characteristics of the purchased good/product, regardless of the image, reflect the contents of the relative technical description.

The Client and/or the Consumer also declares to have known and understood, before closing the Agreement with RecallFirstHand, the main characteristics of the goods and services subject to its purchase as well as, whether in the case of a Consumer, to have been informed by RecallFirstHand of the existence of the legal warranty of conformity of the goods as per the Consumer Code (Article 128 and following of Legislative Decree 206/2005).

Concerning digital products, the Client and/or the Consumer, declares and acknowledges that they have been made aware, by RecallFirstHand, about the functionality of the digital content object purchased, including the applicable technical protection measures, as well as the interoperability of the digital content with the hardware and software of the Client and/or Consumer themselves.

The Client and/or Consumer states to have been made aware of the total price of the goods and/or services – which shall be understood inclusive of taxes, the methods of payment for the goods or services purchased, the terms of delivery and execution of the Agreement and, of the terms of delivery or provision of the service. The Client and/or Consumer declares to have been made aware of the existence of the right to withdraw from the Agreement, of the methods and conditions for exercising this right and of the costs for returning the goods in the event of withdrawal. The Client and/or Consumer also declares to be aware that, in the event in which they request the beginning of the provision of the service before the expiry of the term for exercising the right of withdrawal and, subsequently, decides, within the terms for the withdrawal, to exercise this right, they must pay the professional an amount proportional to the service used up to the withdrawal date.

Finally, the Client and/or Consumer acknowledges that if they ask, or agree, that the beginning of the provision of the service is carried out before the expiry of the term for exercising the right of withdrawal, they will lose the right to withdraw following the complete provision of the service.

Article 3: METHOD OF PURCHASE OF GOODS AND SERVICES

The purchase of goods and services by the Client and/or Consumer takes place by accessing the RecallFirstHand website and registering with the procedure provided on the site itself.

The correct receipt of the order, complete with all the data necessary for the registration phase and the order procedure and, if requested, the indication of the details of the payment made by the Client and/or Consumer, will be confirmed by RecallFirstHand through an email sent to the Client and/or Consumer to the email address that the same indicated in the procedure for registering on the site and/or for the subsequent ordering of the goods. The confirmation email sent by RecallFirstHand will contain an order number to be used in communications between the Client and/or Consumer and RecallFirstHand and will contain all the data entered in the order request by the Client and/or Consumer, who undertakes to verify its correctness and promptly communicate any corrections or corrections.

In the phase of purchasing goods and services, the Client and/or Consumer must also select the most welcome shipping method.

By clicking on the product the client is taken to the relevant product sheet where they can view the technical data sheet of the article and the details, they can choose the memory, the colour and the degree of reconditioning. Then setting the desired quantity and clicking on the “Buy” button, it will insert the product in a virtual shopping cart.

By clicking on the “Cart” item, located at the top right of the screen, a summary of the selected goods is displayed on the client’s screen and they can check and change their choice.

To complete the purchase, the client can proceed by clicking on “Proceed to payment”. At this point, already registered clients will be able to enter their account where they have previously saved their data which they can automatically use for the order in progress. New clients can decide whether to register and then create their account or whether to continue without registration. In the latter case, the client must then enter the shipping and sending address of the order summary in the following screens.

Afterwards, the client displays a “Preview” of the order, complete with prices (VAT included) and the options and delivery costs.

To complete the order, and send a binding offer, the customer must click on “Place the order”.

Article 4: Conclusion of the contract


The display of the product range in our e-shop is provided for information purposes only and does not represent a binding offer to sell. Only when the client clicks on the “Buy” button do they send us a binding offer for the conclusion of a purchase contract. The client then receives an automatic confirmation by email of the order receipt (“Order Confirmation”). This confirmation does not yet represent acceptance of the offer by RECALL FIRST HAND. The Agreement is finalised only when RECALL FIRST HAND sends the goods to the customer confirming that they will be processed via email (“Order completed”).

Article 5: Conclusion of the contract in case of advance bank transfer
 or Postepay top-up

Notwithstanding Article 4, in the case of choosing the method of payment by bank transfer in advance, the purchase contract will be considered concluded with the sending by RECALL FIRST HAND of the information on the payment. The client will receive this communication with the “Order Confirmation” email. If you have selected the advance transfer or Postepay top-up as a form of payment, such amount will be paid no later than 4 days from the time of order confirmation. The payment is considered to have been made when the invoice amount is credited to our bank account. If we do not register the payment within the above 4 days, the order will be automatically cancelled.

Article 6: COST OF SERVICES/PRODUCTS/ITEMS AND PAYMENT METHODS

The goods and services marketed by RecallFirstHand are intended to be offered and sold at the price indicated at the time of confirmation of the order by the Client and/or Consumer on the RecallFirstHand.it internet portal for each of them.

All prices of the goods and services published, within the internet portal, are to be understood INCLUDING VAT and any other taxes that may be due.

For all purchases made through the website, RecallFirstHand accepts the following payment systems: credit or debit card, PayPal.

RecallFirstHand.it accepts payments made with:

  • credit cards with circuits supported/recognised by PayPal: Visa, MasterCard, PostPay, PayPal Recharges, America Express and Aura;

RecallFirstHand will issue a tax receipt or commercial invoice issued in VAT IN THE MARGIN REGIME UNDER LEGISLATIVE DECREE 41/95 ARTICLE 36. Registered to the personal data – complete with surname, name, address and tax code or, of company name, address and VAT number, if legal entities – that the Client and/or Consumer will have compulsorily provided when registering on the portal, before sending the order or, at the latest, upon payment of the purchase.

Article 6b: TERMS OF DELIVERY OF GOODS AND START OF THE SERVICE

RecallFirstHand, unless otherwise agreed with the Client and/or Consumer, will deliver the goods sold within 2-4 (TWO-FOUR) days from the receipt of the order by the Client and/or Consumer.

If the client/consumer opts for additional logistics services during the purchase phase, refer to the individual agreements.

Article 7: RISK OF LOSS

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALL FIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

Article 8: RIGHT OF WITHDRAWAL

The client who acts as a Consumer has the right to withdraw from the contract, as per Article 9 of the EC directive 83/2011, without having to indicate the reasons, within 14 (fourteen) days:

  • from the conclusion of the contract for service delivery contracts
  • from the day on which the Consumer or a third party other than the carrier and, designated by the same Consumer, acquired physical possession of the purchased goods, in the case of a contract for the sale of movable goods.

Purchases made by retailers and companies are excluded from the right of withdrawal. The Right of Withdrawal is applied exclusively to private individuals for actions not affecting their business activities.

In the case of a contract relating to multiple goods ordered by the Consumer in a single order and delivered separately, the term of 14 (fourteen) days, referred to in the first paragraph of this article, will run from the day on which the Consumer or a third party other than the carrier and designated by the Consumer, acquires physical possession of the last item.

In the case of a contract relating to the delivery of a good consisting of lots or multiple pieces, the term of 14 (fourteen) days, referred to in the first paragraph of this article, will run from the day on which the Consumer or a third party other than the carrier and designated by the Consumer, acquires physical possession of the last item.

In the case of a contract that involves the periodic delivery of goods during a certain period, the term of 14 (fourteen) days, referred to in the first paragraph of this article, will run from the day on which the Consumer or a third party other than the carrier, acquires physical possession of the first item.

Article 9: METHODS OF EXERCISE OF THE RIGHT OF WITHDRAWAL

The exercise of the right of withdrawal will be communicated by the Consumer to RecallFirstHand, in compliance with what is specified in this article of the general conditions of sale, with a written communication sent by registered mail with acknowledgement of receipt to the address ITC Srl, via Francesco Melzi d’Eril 44, 20154 Milan (MI). The communication can also be sent by email (to info@recalfirsthand.it reporting “withdrawal” in the subject line) provided that it is confirmed by registered letter with acknowledgement of receipt within 48 (forty-eight) hours thereafter.

The communication of withdrawal must specify the complete data of the consumer – personal data and address -, the goods and services purchased, the date of the order, the date of the day of withdrawal, the order number and if in paper format, report the subscription of the Consumer who is exercising their right to withdraw. In the case of exercise of withdrawal under this article, the shipping costs are charged to the customer.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

Recipient: ITC S.r.l., via Francesco Melzi d’Eril 44, 20154 Mi (MI) Tel. +39 0331 1544523, e-mail info@recallfirsthand.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following goods/services:

Ordered on (*)/received on (*) :

Invoice number:

Product code:

Name of consumer(s):

Address of consumer(s):

Signature of the Consumer(s) (only if this form is notified on paper):

Date:

Article 10: EFFECTS OF WITHDRAWAL

In the event of timely exercise of the right of withdrawal from this Agreement, in the ways and within the times established by Articles 8 and 9 of these general conditions, the Consumer will be entitled to a refund of all payments that they have made to RecallFirstHand.

The direct costs of returning the goods shall be borne by the Consumer and will be the only costs due by the Consumer themselves for exercising the right of withdrawal.

Article 11: LOSS OF THE RIGHT OF WITHDRAWAL

In the case of purchase contracts for smartphones together with the supply of services whose execution has started and completed with the express agreement of the Consumer before the start of the 14 (fourteen) days foreseen for exercising the right of withdrawal, the Consumer declares that they acknowledge and accept that, following the complete execution of the service by RecallFirstHand, they will lose the right to withdraw from the Agreement. The client’s request for smartphone personalisation services is cited merely by way of example. For details, see the appropriate section at the link SUPPORT RECALL FASHION STYLE

Article 12: LOSS OF THE RIGHT OF WITHDRAWAL FOR BEGINNING OF BENEFIT WITHIN THE TERM TO WITHDRAW

The Consumer declares to be aware that, in the event of requests to RecallFirstHand that the supply of the service or the supply of the digital content not provided on a material medium, starts before the 14 (fourteen) day period foreseen for the right of withdrawal has elapsed and, provided that the professional has provided them with written confirmation, even in a durable medium other than paper, they will lose the right to withdraw.

Article 13: EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FOR PRODUCTS WITH ORIGINAL DAMAGED/TAMPERED/DAMAGED PACKAGING AND/OR DIFFERENT/DAMAGED PRODUCTS

In the case of sales contracts that concern sealed products/items, the Client and/or Consumer declares to be informed that, under Article 16, letter i), of the EC Directive 83/2011, they will lose the right of withdrawal once the same, after delivery has been sealed and opened.

The right of withdrawal, therefore, does not apply to goods sealed and opened by the Client and/or Consumer and, to products/items returned without their original packaging or, with damaged packaging or with damaged packaging or without warranty seals.

The right of withdrawal does not apply if the product, once it arrives at RecallFirstHand, proves to be different from what was shipped at the time of sale.

Article 14: REIMBURSEMENT IN THE EVENT OF WITHDRAWAL

In the case of exercising the right of withdrawal by the Consumer, RecallFirstHand will reimburse the Consumer the payments received within 30 (thirty) days from the date of receipt of the communication with which the Consumer expresses his willingness to withdraw from the Agreement and only in the case in where the returned product complies with the provisions of these articles.

The refund, if possible, will be made by RecallFirstHand using the same means of payment used by the Consumer for the initial transaction, except in cases where the Parties have not expressly agreed, upon signing the Agreement, a different form of refund.

In any case, the Customer will not incur any fees as a result of such reimbursement.

Article 15: RETURN OF THE ITEM(S) IN THE CASE OF WITHDRAWAL

In case of withdrawal, the Consumer shall return the goods to RecallFirstHand within the established terms and, in any case, no later than 14 (fourteen) days from the day on which the RecallFirstHand company was informed of the Consumer’s decision to withdraw from the Agreement stipulated.

The refund price paid by the Consumer who has withdrawn can be suspended by RecallFirstHand until the company receives the goods subject to withdrawal, or until the Consumer demonstrates that they have sent the goods back, in compliance with §12-13.

Upon the return of a product/good, following the exercise of the right of withdrawal, the Consumer shall be solely responsible for the decrease in the value of the good if manipulation of the product/good is detected, which prevents it from establishing the nature, characteristics and functioning of the item itself.

Article 16: PAYMENT OF THE AMOUNT PROPORTIONED TO THE SERVICE PROVIDED

In the case of a contract for the supply of services, if the Consumer exercises the right of withdrawal after explicitly requesting the start of the service before the terms for the withdrawal have expired, the same will be required to pay RecallFirstHand an amount proportional to the services that RecallFirstHand has already started and carried out concerning all the services provided by the contract previously concluded.

Article 17: SALE PROHIBITED TO MINORS

Purchases made under these general conditions of sale are reserved for users who have reached the age of adulthood.

Article 18: Abandoned Devices and/or Products

Unless otherwise indicated by the Client and/or Consumer, RecallFirstHand will ship the regularly repaired Device, or the item/product purchased, to the address provided by the Customer at the time of purchase of the item/product, or repair/assistance service.

If the device and/or product is returned to RecallFirstHand as it was not possible to deliver to the address indicated in the purchase contract, the logistics providers of RecallFirstHand will attempt to contact the Client and/or Consumer to request an alternate delivery address. If these do not provide an address at which RecallFirstHand can deliver the device or the product/item purchased within 60 (sixty) days from the delivery attempt. See the section “Variations by country” for any exceptions related to foreign shipments), RecallFirstHand will communicate to the Client and/or Consumer, that the device, product/item will be considered abandoned. In this case, RecallFirstHand will send a written communication to the address provided by the Client and/or Consumer during the purchase/assistance order. If the product is considered as abandoned, RecallFirstHand will dispose of it under the applicable regulations and, specifically, may sell the product through private or public sale, to recover the costs incurred for any regeneration interventions, of assistance carried out and those in stock.

For customers in Europe, excluding Austria and Germany: If within sixty (60) days of the repair notice received from RecallFirstHand, the customer does not request the return of the product or pay all the fees due, Apple will arrange a deadline for collecting the product. RecallFirstHand will then send communication regarding the address indicated when the repair was authorised. In the event of non-collection of the product, RecallFirstHand may demand compensation for damages, including any costs related to the storage of the product. RecallFirstHand reserves the right to exercise the legitimate retention rights to guarantee outstanding amounts.

For customers in Austria or Germany: RecallFirstHand is authorised to retain the product until full payment of all repair costs. If within sixty (60) days from the notice of repair received by RecallFirstHand, the customer does not request the return of the product or pay all the costs due, RecallFirstHand will invite the customer to collect the product and/or to accept its delivery upon payment of the expenses. It is clear that without affecting the rights of RecallFirstHand for compensation to any damages, the customer will be responsible for any costs incurred for the custody of the products. RecallFirstHand reserves the right to exercise the legitimate retention rights to guarantee outstanding amounts.

RecallFirstHand reserves the right to exercise its legal rights and any other legitimate rights concerning the amounts not paid by the Client and/or Consumer. Besides, after 60 (sixty) days of free storage, RecallFirstHand applies a cost of storage equal to € 1 (one) for each day of storage starting from the 11th (eleventh) day.

AArticle 19: Applicable Law and Court of Jurisdiction

The contract of sale of goods and supply of services between the Client and/or Consumer and RecallFirstHand is regulated, although not expressly provided in the general conditions of sale and any further agreements agreed in writing between the Parties or, in any case, with the intention expressed on a durable instrument, by Italian law. In the event of disputes concerning the validity, efficacy and interpretation of the Agreement concluded between RecallFirstHand and the Customer, the court of Milan shall be the exclusive court of jurisdiction.

Article 20: Warranty and limitations of liability

To protect customers who purchase an asset or require assistance, RecallFirstHand guarantees:

A legal guarantee of 12 (twelve) months and an additional 12 (twelve) months of Recall First Hand guarantee for all goods purchased by private individuals for a total of 24 (twenty-four) months from the date of purchase of the appliance, the use of which is not attributable to uses other than private such as professional use.

12 (twelve) months warranty for all repairs except for the following:

  • 3 (three) months warranty for all battery replacement interventions;
  • 45 (forty-five) days guarantee for other interventions;

If a device malfunctions after the repair, it must be sent back to the RecallFirstHand Headquarters. The device will be checked by our technicians and repaired if defective. The warranty does not include problems that do not concern the intervention carried out by the RecallFirstHand technician, software problems or any tampering.

To guarantee the Consumer, in the case of purchases of goods/products that prove to be defective or that malfunction, RecallFirstHand guarantees a Legal Guarantee of 12 (twelve) months plus an additional 12 (twelve) months of Recall First Hand warranty for all goods purchased by private individuals for a total of 24 (twenty-four) months from the date of purchase of the appliance, this guarantee must be enforced within 2 (two) months from the discovery of the defect. For details on the application of the warranty applicable to the product/service purchased, please refer to the purchase order and the contractual specifications of the goods purchased.

If a spare part, product/item purchased is found to be defective, the site form must be filled in and the product/item returned in its original packaging to the RecallFirstHand Headquarters. The item will be checked by our technicians and replaced if defective.

Parts tampered with or installed incorrectly and consequently damaged will not be replaced

To enforce the warranty, the Client shall keep the proof of purchase (tax receipt or receipt).

Article 21: General rules

No RecallFirstHand employee, no qualified test laboratory according to the RecalFirstHand scheme is authorised to vary the terms and conditions governing any transaction. Therefore, no changes can be made to the Agreement established between the Parties.

If one or more clauses of this Agreement are deemed void or unenforceable by a Court or another Court of Competent Jurisdiction, these clauses will be limited or eliminated to the minimum necessary degree and replaced with a valid clause that best expresses the intentions of this Agreement, so that they remain fully valid and applicable.

Failure to claim or request RecallFirstHand to apply any clause will not constitute a waiver of that clause or the right to enforce this Agreement. Furthermore, the clauses of the Agreement cannot, in any way, be modified for conclusive behaviour between RecallFirstHand and the Client and/or Consumer or, third parties.

RecallFirstHand may instruct other service providers to perform product assistance.

Article 22: Processing of personal data

The necessary personal data for the completion of the purchase with relative billing are: name, surname, or company name, address, Tax Code, VAT number and email address. Other data such as telephone number, mobile number, fax number, shipping data other than invoice data are not mandatory and are provided at the Client and/or Consumer’s discretion.

The Client and/or Consumer is guaranteed that no data that has been provided personally or, indirectly through other websites, will be disclosed to third parties.

The Data Controller for personal information is the ITC SRL headquarters, with main offices in Via Francesco Melzi d’Eril 44, 20154 Milan (MI). In compliance with the provisions of Article 2 of Legislative Decree 196/2013, it guarantees that the processing of personal data takes place in compliance with the fundamental rights and freedoms, as well as the dignity of the interested party, with particular reference to confidentiality, personal identity and the right to protection of personal data.

GENERAL CONDITIONS OF SALE FOR REFURBISHED DEVICES WITH CUSTOMISATION SERVICES

The films are equipped with a grey pigmented adhesive with high covering power and are resistant to short spilling of hydrocarbons and can withstand severe atmospheric conditions.

Article 1: INCLUDED SERVICES

(a) RECALL FIRST HAND guarantees personalisation against non-accidental manufacturing defects for a predetermined period. The standard warranty provided on new products purchased from RECALL FIRST HAND provides the customer with 24 (twenty-four) months of coverage against manufacturing defects. Some exceptions can be applied – for exceptions see (b). If the customer discovers a manufacturing defect within the first 14 (fourteen) days of receipt, RECALL FIRST HAND, at its discretion, will repair, replace or refund the product for the full purchase price provided the product is returned to the RECALL service department FIRST HAND within 15 (fifteen) days, after obtaining an authorization to return the goods (RMA number) before shipping the defective product (see Section II).

(b) The purchased regenerated personal product for which RECALL FIRST HAND’s CUSTOMISATION process is requested is guaranteed against defects in materials and workmanship for 30 (thirty) days from the date of shipment of the finished product. Note that the purchase of CUSTOMISATION services cancels the RIGHT OF WITHDRAWAL OF THE GOODS concerning the device purchased. If a defect is detected, RECALL FIRST HAND, at its discretion, will repair or replace the product provided that the detected default was caused by RECALL FIRST HAND and reported within the aforementioned 30 (thirty) day period. The use of the goods shall be taken into account in determining the amount of the price reduction or the sum to be refunded to the consumer, where applicable. Furthermore, the operation of the legal guarantee could be excluded in the event of improper use of the goods by the consumer (e.g. failure to comply with the instructions for use of the goods given by the seller and/or producer at the time of purchase or provided with the user manual, etc.).

Article 2: METHOD OF PURCHASE OF GOODS AND SERVICES

The purchase of goods and services by the Client and/or Consumer takes place by accessing the RecallFirstHand website and registering with the procedure provided on the site itself.

The correct receipt of the order, complete with all the data necessary for the registration phase and the order procedure and, if requested, the indication of the details of the payment made by the Client and/or Consumer, will be confirmed by RecallFirstHand through an email sent to the Client and/or Consumer to the email address that the same indicated in the procedure for registering on the site and/or for the subsequent ordering of the goods. The confirmation email sent by RecallFirstHand will contain an order number to be used in communications between the Client and/or Consumer and RecallFirstHand and will contain all the data entered in the order request by the Client and/or Consumer, who undertakes to verify its correctness and promptly communicate any corrections or corrections.

In the phase of purchasing goods and services, the Client and/or Consumer must also select the most welcome shipping method.

(c) RECALL FIRST HAND guarantees that the correct use of soft cases or other accessories with the RECALL FIRST HAND brand will not cause stains, discolourations or damage to the glossy or matte finishes applied to our products. CUSTOMISATIONS are not designed to protect products from falls, crushing, from being hit or otherwise physically damaged. RECALL FIRST HAND cannot be held responsible for such damages under this warranty.

Article 4: TERMS OF DELIVERY OF GOODS AND START OF THE SERVICE

RecallFirstHand, unless otherwise agreed with the Client and/or Consumer, will deliver the goods sold within 4-8 (FOUR-EIGHT) days from the receipt of the order by the Client and/or Consumer.

If the client/consumer opts for additional logistics services during the purchase phase, refer to the individual agreements.

Article 5: REPAIR OF CUSTOMISED PRODUCTS

For warranty and out of warranty repairs, refer to the SUPPORT section. When sending a product for repair, the RMA reference number must appear on the outside of the shipping packaging. RMA numbers are obtained by the system following the opening of the request for assistance. Customers must attach their name, address, telephone number, email address, RMA number and description of the problem to each product returned for warranty service. Shipping costs are borne by the customer, they can be purchased when opening the request for assistance. Any product returned for repairs without an RMA number will be returned to the sender, without exception, due to failure to observe the correct policy. Please also note that RECALL FIRST HAND has no responsibility for the loss of recorded data, the cost of recovering lost data, lost profits and the cost of installing or removing any product or installing replacement products.

Article 6: CONCLUSION OF THE CONTRACT

The display of the product range in our e-shop is provided for information purposes only and does not represent a binding offer to sell. Only when the client clicks on the “Buy” button do they send us a binding offer for the conclusion of a purchase contract. The client then receives an automatic confirmation by email of the order receipt (“Order Confirmation”). This confirmation does not yet represent the offer acceptance by RECALL FIRST HAND. The Agreement is finalised only when RECALL FIRST HAND dispatches the goods to the customer confirming that they will always be processed by email (“Order completed”).

Article 7: LOSS OF THE RIGHT OF WITHDRAWAL OF THE GOOD IN THE EVENT OF PURCHASE OF THE CUSTOMISATION SERVICES

In the case of the supply of services whose execution has started and completed with the express agreement of the Consumer before the start of the 14 (fourteen) days foreseen for exercising the right of withdrawal, the Consumer declares that they acknowledge and accept that, following the complete execution of the service by RecallFirstHand, they will lose the right to withdraw from the Agreement.

Article 8: CONCLUSION OF THE CONTRACT IN CASE OF ADVANCE TRANSFER OR RECHARGE OF POSTEPAY

Notwithstanding Article 4, in the case of choosing the method of payment by bank transfer in advance, the purchase contract will be considered concluded with the sending by RECALL FIRST HAND of the information on the payment. The client will receive this communication with the “Order Confirmation” email. If you have selected the advance transfer or Postepay top-up as a form of payment, such amount will be paid no later than 4 days from the time of order confirmation. The payment is considered to have been made when the invoice amount is credited to our bank account. If we do not register the payment within the above 4 days, the order will be automatically cancelled.

Article 9: COST OF SERVICES/PRODUCTS/ITEMS AND PAYMENT METHODS

The goods and services marketed by RecallFirstHand are intended to be offered and sold at the price indicated at the time of confirmation of the order by the Client and/or Consumer on the RecallFirstHand.it internet portal for each of them.

All prices of the goods and services published, within the internet portal, are to be understood INCLUDING VAT and any other taxes that may be due.

For all purchases made through the website, RecallFirstHand accepts the following payment systems: credit or debit card, PayPal.

RecallFirstHand.it accepts payments made with:

  • credit cards with circuits supported/recognised by PayPal: Visa, MasterCard, PostPay, PayPal Recharges, America Express and Aura;

RecallFirstHand will issue a tax receipt or commercial invoice issued in VAT IN THE MARGIN REGIME UNDER LEGISLATIVE DECREE 41/95 ARTICLE 36. Registered to the personal data – complete with surname, name, address and tax code or, of company name, address and VAT number, if legal entities – that the Client and/or Consumer will have compulsorily provided when registering on the portal, before sending the order or, at the latest, upon payment of the purchase.

Nel caso il cliente/consumatore in fase di acquisto opti per servizi logistici suppletivi, si faccia rifermento alle singole pattuizioni.

Article 10: RISK OF LOSS

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALLFIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

Article 11: SALE PROHIBITED TO MINORS

Purchases made under these general conditions of sale are reserved for users who have reached the age of adulthood.

Article 12: Abandoned Devices and/or Products

Unless otherwise indicated by the Client and/or Consumer, RecallFirstHand will ship the regularly repaired Device, or the item/product purchased, to the address provided by the Customer at the time of purchase of the item/product, or repair/assistance service.

If the device and/or product is returned to RecallFirstHand as it was not possible to deliver to the address indicated in the purchase contract, the logistics providers of RecallFirstHand will attempt to contact the Client and/or Consumer to request an alternate delivery address. If these do not provide an address at which RecallFirstHand can deliver the device or the product/item purchased within 60 (sixty) days from the delivery attempt. See the section “Variations by country” for any exceptions related to foreign shipments), RecallFirstHand will communicate to the Client and/or Consumer, that the device, product/item will be considered abandoned. In this case, RecallFirstHand will send a written communication to the address provided by the Client and/or Consumer during the purchase/assistance order. If the product is considered as abandoned, RecallFirstHand will dispose of it under the applicable regulations and, specifically, may sell the product through private or public sale, to recover the costs incurred for any regeneration interventions, of assistance carried out and those in stock.

For customers in Europe, excluding Austria and Germany: If within sixty (60) days of the repair notice received from RecallFirstHand, the customer does not request the return of the product or pay all the fees due, Apple will arrange a deadline for collecting the product. RecallFirstHand will then send communication regarding the address indicated when the repair was authorised. In the event of non-collection of the product, RecallFirstHand may demand compensation for damages, including any costs related to the storage of the product. RecallFirstHand reserves the right to exercise the legitimate retention rights to guarantee outstanding amounts.

For customers in Austria or Germany: RecallFirstHand is authorised to retain the product until full payment of all repair costs. If within sixty (60) days from the notice of repair received by RecallFirstHand, the customer does not request the return of the product or pay all the costs due, RecallFirstHand will invite the customer to collect the product and/or to accept its delivery upon payment of the expenses. Notwithstanding RecallFirstHand’s rights to compensation for damages, the client shall be responsible for any costs incurred for the safekeeping of the products. RecallFirstHand reserves the right to exercise the legitimate retention rights to guarantee outstanding amounts.

RecallFirstHand reserves the right to exercise its legal rights and any other legitimate rights concerning the amounts not paid by the Client and/or Consumer. Besides, after 60 (sixty) days of free storage, RecallFirstHand applies a cost of storage equal to € 1 (one) for each day of storage starting from the 11th (eleventh) day.

Article 13: Applicable law and Court of Jurisdiction

The Agreement for the sale of goods and the supply of services between the Client and/or Consumer and RecallFirstHand is governed, although not expressly provided for in the general conditions of sale and in any further agreements agreed in writing or similar, between the Parties by Italian law. In the event of disputes concerning the validity, efficacy and interpretation of the Agreement concluded between RecallFirstHand and the Client, the court of Milan shall be the exclusive court of jurisdiction.

Article 14: Warranty and limitations of liability

To protect customers who purchase an asset or require assistance RecallFirstHand guarantees:

A legal guarantee of 12 (twelve) months and an additional 12 (twelve) months of Recall First Hand guarantee for all goods purchased by private individuals for a total of 24 (twenty-four) months from the date of purchase of the appliance, the use of which is not attributable to uses other than private such as professional use.

12 (twelve) months warranty for all repairs except for the following:

  • 3 (three) months warranty for all battery replacement interventions;
  • 45 (forty-five) days guarantee for other interventions;

If a device malfunctions after a repair, it must be sent back to the RecallFirstHand Headquarters. The device will be checked by our technicians and repaired if defective. The warranty does not include problems that do not concern the intervention carried out by the RecallFirstHand technician, software problems or any tampering.

To guarantee the Consumer, in the case of purchases of goods/products that prove to be defective or that malfunction, RecallFirstHand guarantees a Legal Guarantee of 12 (twelve) months plus an additional 12 (twelve) months of Recall First Hand warranty for all goods purchased by private individuals for a total of 24 (twenty-four) months from the date of purchase of the appliance, this guarantee must be enforced within 2 (two) months from the discovery of the defect. For details on the application of the warranty applicable to the product/service purchased, please refer to the purchase order and the contractual specifications of the goods purchased.

If a product/item purchased is found to be defective, the site form must be filled in and the product/item returned in its original packaging to the RecallFirstHand Headquarters. The item will be checked by our technicians and replaced if defective.

Parts tampered with or installed incorrectly and consequently damaged will not be replaced

To enforce the warranty, the Client shall keep the proof of purchase (tax receipt or receipt).

This guarantee does not apply to:

  • Faults or damage caused by cleaning or maintenance carried out by personnel or by service centres not authorised by the manufacturer or with unsuitable materials.
  • Damage caused by improper use or in violation of the manufacturer’s or seller’s instructions, negligence, experiments, testing, voluntary overload, repairs carried out by subjects other than those authorised or approved by RecallFirstHand, incorrect assembly or installation, incorrect disassembly and/or replacement by third parties to RecallFirstHand or the manufacturer, changes to the Mobile Device, vandalism.
  • Loss or theft of covered equipment
  • Aesthetic damage to the covered device that does not compromise this equipment’s functionality, including cracks, scratches, plastic breakage at the doors and discolouration
  • damage or failure caused by normal wear and/or use of the Insured Equipment;
  • damage caused by fire;
  • Mobile devices with a removed or altered identification number.
  • Mobile devices that have a non-personal use or are made available to the public, rented or leased or on loan for use and used in common areas, in associative spaces and shops open to the public.
  • Aesthetic damages such as scratches, abrasions or any damage that does not lead to the loss of functionality of the Device.
  • Product recall campaigns, serial defects or exit from the product market, carried out by the manufacturer or distributor.
  • Damage that occurred during events dependent on or connected to illegal activities;
  • occurred while the product is available or entrusted to third parties or during the transport of the Device by any means;
  • for malfunctions or damages that cause the physical breakdown of the phone’s electronic board such as bending, perforations, cuts.

This warranty applies only to customised hardware products or manufactured by RECALL FIRST HAND that can be identified by the brand, trademark or RECALL FIRST HAND logo affixed to them. RECALL FIRST HAND does not provide any guarantee for any software supplied with its products; this software is guaranteed separately by the respective manufacturers. RECALL FIRST HAND does not guarantee hardware products that are not RECALL FIRST HAND products. This warranty does not apply if the product has been modified without the written permission of RECALL FIRST HAND or if a RECALL FIRST HAND serial number has been removed or made illegible. Modification of the product includes unauthorised modification of the hardware which could result in the removal of the appropriate components, except for the product designed for upgradability (for information on the product designed for upgradability, contact RECALL FIRST HAND).

Article 15: General rules

No RecallFirstHand employee, no qualified test laboratory according to the RecalFirstHand scheme is authorised to vary the terms and conditions governing any transaction. Therefore, no changes can be made to the Agreement established between the Parties.

If one or more clauses of this Agreement are deemed void or unenforceable by a Court or another Court of Competent Jurisdiction, these clauses will be limited or eliminated to the minimum degree necessary and replaced with a valid clause that best expresses the intentions of this Agreement, so that they remain fully valid and applicable.

Failure to claim or request RecallFirstHand to apply any clause will not constitute a waiver of that clause or the right to enforce this Agreement. Furthermore, the clauses of the Agreement cannot, in any way, be modified for conclusive behaviour between RecallFirstHand and the Client and/or Consumer or, third parties.

RecallFirstHand may instruct other service providers to perform product assistance.

Article 16: MODIFICATIONS TO THIS AGREEMENT

Only RECALL FIRST HAND is authorised to make changes, extensions or additions to this warranty and reserves the right to make changes without notice (the current version of the warranty is available on the RECALL FIRST HAND website). RECALL FIRST HAND is not responsible for any special, incidental or consequential damages resulting from any breach of the warranty, or according to legal theory, including loss of profits, downtime, start-up damage or replacement of equipment and properties and any cost of recovery, reprogramming or reproducing any program or data stored or used with RECALL FIRST HAND products. Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions of implied warranties, therefore the above limitations or exclusions may not apply to you. The aforementioned warranty and remedies are exclusive and replace all others, whether oral or written, expressed or implied. In particular, RECALL FIRST HAND does not recognise any implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose.

Article 17: Processing of personal data

The necessary personal data for the completion of the purchase with relative billing are: name, surname, or company name, address, Tax Code, VAT number and email address. Other data such as telephone number, mobile number, fax number, shipping data other than invoice information is not mandatory and is provided at the Client and/or Consumer’s discretion.
The Client and/or Consumer is guaranteed that no data that has been provided personally or, indirectly through other websites, will be disclosed to third parties.

The Data Controller for personal information is the ITC SRL headquarters, with main offices in Via Francesco Melzi d’Eril 44, 20154 Milan (MI). In compliance with the provisions of Article 2 of Legislative Decree 196/2013, it guarantees that the processing of personal data takes place in compliance with the fundamental rights and freedoms, as well as the dignity of the interested party, with particular reference to confidentiality, personal identity and the right to protection of personal data.

GENERAL CONDITIONS OF SALE OF REFURBISHED DEVICES

a.       RECALL NORMAL DELIVERY

The delivery, unless otherwise indicated in the offer, takes 2 to 4 working days from the time of fulfilment, based on the shipping address. Shipment is not insured. Shipping costs are borne by the customer.

 

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALL FIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

 

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

 

Orders will be processed within the limit of the warehouse stock. If RecallFirstHand, due to non-attributable supply problems, is unable to ship the ordered product, it reserves the right to terminate the Agreement. In this case, RecallFirstHand will immediately inform the customer by proposing a product with similar characteristics. If a replacement product is not found or the customer refuses delivery of the proposed item, RecallFirstHand will immediately issue a refund of all services already paid by the customer.

 

Shipments that take place within the European Union are exempt from customs duties. Any customs duties, taxes or ancillary rates for shipping to non-EU countries, with particular reference to Switzerland, are borne by the customer.

 

If the goods sent were damaged during transport, the customer is required to immediately inform RecallFirstHand Customer Service. Thus, RecallFirstHand will have the possibility to file a complaint against the carrier. Failure to notify the customer does not affect their statutory warranty rights.

 

To optimise delivery, RecallFirstHand shall transmit the customer’s email address and telephone number to the shipping companies. This communication is an integral part of the contractual relationship with RecallFirstHand.

b.       RECALL EXPRESS DELIVERY

Unless otherwise stated in the offer, delivery takes a maximum of 48 (forty-eight) hours from the time of fulfilment (excluding the islands), based on the shipping address. The shipment is not insured, indeed, the shipping costs are borne by the customer.

 

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALL FIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

 

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

 

 

 

Shipments that take place within the European Union are exempt from customs duties. Any customs duties, taxes or ancillary rates for shipping to non-EU countries, with particular reference to Switzerland, are borne by the customer.

 

If the goods sent were damaged during transport, the customer is required to immediately inform RecallFirstHand Customer Service. Thus, RecallFirstHand will have the possibility to file a complaint against the carrier. Failure to notify the customer does not affect their statutory warranty rights.

 

To optimise delivery, RecallFirstHand shall transmit the customer’s email address and telephone number to the shipping companies. This communication is an integral part of the contractual relationship with RecallFirstHand.

c.        RECALL SAFE DELIVERY

The delivery, unless otherwise indicated in the offer, takes from 2 to 4 working days or 48 hours (depending on the choice of service optioned by the consumer), for the processing (excluding the islands), based on the shipping address. The shipment is not insured and its costs are borne by the customer.

 

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALLFIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

 

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

 

Orders will be processed within the limit of the warehouse stock. If RecallFirstHand, due to non-attributable supply problems, is unable to ship the ordered product, it reserves the right to terminate the Agreement. In this case, RecallFirstHand will immediately inform the

client by proposing a product with similar characteristics. If a replacement product is not found or the customer refuses delivery of the proposed item, RecallFirstHand will immediately issue a refund of all services already paid by the customer.

 

Shipments that take place within the European Union are exempt from customs duties. Any customs duties, taxes or ancillary rates for shipping to non-EU countries, with particular reference to Switzerland, are borne by the customer.

 

If the goods sent were damaged during transport, the customer is required to immediately inform RecallFirstHand Customer Service. Thus, RecallFirstHand will have the possibility to file a complaint against the carrier. Failure to notify the customer does not affect their statutory warranty rights.

 

To optimise delivery, RecallFirstHand shall transmit the customer’s email address and telephone number to the shipping companies. This communication is an integral part of the contractual relationship with RecallFirstHand.

d.       RECALL PICK-UP AND RETURN

The pick-up & return service allows the customer in case of repair, to easily choose where to pick up the phone and where to have it returned.

 

The picking-up phase, unless otherwise specified in the offer, takes between 2 and 4 working days from the time of processing.

 

The delivery, unless otherwise indicated in the offer, takes 2 to 4 working days from the time of processing, based on the shipping address. Shipment is not insured. Shipping costs are borne by the customer.

 

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALLFIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

 

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

 

Shipments that take place within the European Union are exempt from customs duties. Any customs duties, taxes or ancillary rates for shipping to non-EU countries, with particular reference to Switzerland, are borne by the customer.

 

If the goods sent were damaged during transport, the customer is required to immediately inform RecallFirstHand Customer Service. Thus, RecallFirstHand will have the possibility to file a complaint against the carrier. Failure to notify the customer does not affect their statutory warranty rights.

 

To optimise delivery, RecallFirstHand shall transmit the customer’s email address and telephone number to the shipping companies. This communication is an integral part of the contractual relationship with RecallFirstHand.

RECALL DISPLAY

These General Terms and Conditions govern the relationship between ITC SRL and the Client, owner of the currently valid “RECALL DISPLAY” service and owner of a Device associated with it, and govern the provision of the Assistance Service.

Article 1 – Processing of personal data under the Privacy Code (Legislative Decree 196/03).

The Client’s personal information acquired under this Agreement will be used by Smart S.r.l.
for the provision of the Services described in Article 3 of this Agreement.

The Client has the right to access their data at any time and to exercise the other rights provided for in Article 7 of the Privacy Code (e.g. ask for the origin, correction or updating of the data etc.), as well as to request or view the full text of the information by contacting customer service at the email address info@recallfirsthand.com  or by consulting the privacy link on www.recallfirsthand.it/.

Article 2 – Definitions

Device: Smartphone or mobile phone, approved for connection to the network, compliant with the essential requirements of current legislation and bearing the CE marking that allows the use of the mobile communication service by the Client.

Client: the individual, a natural person as a consumer under the Consumer Code (Legislative Decree 206/05) having the requirements set out in Article 5, with which this Agreement is concluded.

Contact Center: a dedicated service for requesting the provision of the Services offered in this Agreement.

Agreement: these General Conditions, according to which the Services are provided within the limits and with the methods described below.

Sales Points: a commercial organisation consisting of shops, authorised service centres and other vendors.

Service: the service indicated in Article 3 of these general contract conditions.

ITC SRL: a limited liability company with its registered office in Via Francesco Melzi d’Eril, 44 – 20154 Milan, Tax code 10562420967 VAT number 10562420967 registered in the Milan Register of Companies at no. 2541189, authorised to repair at its Operational Structure located in Via per Solbiate Arno, 67 21040 Oggiona con Santo Stefano (VA). Hereinafter referred to as ITC or Recall First Hand.
Territory: Italy.

Article 3 – Purpose of the Contract

This Agreement relates to the provision of the Service within the limits and in the manner specified below.

RECALL DISPLAY SERVICE:

the Recall Display service offers the possibility of using a service of
12 months additional product assistance compared to the legal one.

Recall Display for iPhone is a service that includes 12 months of coverage
additional display; includes intervention for accidental damage
at an additional cost of € 29 for all models except: X, XS, XSMAX and
XR for which the additional cost is € 39.
The activation cost of the Additional Protection Service is

  • € 69.00 for iPhone 6, 6S, 6S PLUS, 7, 7 PLUS, 8 and 8 PLUS
  • € 89.00 FOR iPhone X, XS, XS MAX and XR **

Coverage begins on the Recall Display’s date of purchase. The advantages of Recall Display add up to the year of the expected seller’s warranty by the Italian consumer protection legislation, and the two years of warranty provided by the RecallFirstHand Limited Warranty. Shipping costs are borne by the client.

** replacement will take place with a LED display or compound matrix.

Accidental damage to the Display:

Replacing the Display in the event of damage that precludes the regular operation of the device and that was caused by sudden and unpredictable external causes not deriving from an intrinsic defect of the Device, nor by willful misconduct by the Client. Liquid damage is excluded. For details, refer to Article 9.
The insured Equipment must not show further damage in addition to those reported on the display, including deformations or dents on the body, as they can prevent Recall FirstHand from replacing the display on the same. If the insured Equipment shows further damage, it will be categorised as a request relating to Other types of accidental damage to iPhone devices.

If the Insured Device is irreparable or the repair does not concern only the service on the screen, the performance of the service will be subject to acceptance, by issuing a credit card guarantee, of the repair estimate for further damages. This request will be categorised as a request relating to Other types

of accidental damage to iPhone devices.

Article 4 – Completion and duration of the Agreement
The Agreement is concluded when the Client has completed the Service Activation Procedure through www.RecallFirstHand.it and has received confirmation by email of the activation. This Agreement has a duration of 12 (twelve) months from the activation date and cannot be renewed on the same Device purchased or on the replaced or repaired one.

Article 5 – Requirements for signing the Agreement

Consistent with what is indicated in Article 2 hereinbefore, the Client, residing in the Territory, having reached adulthood at the time of activation and that the signing of this offer can take place in conjunction with the purchase of a product or a Device on www.RecallFirstHand.it.

Article 6 – Methods of access to the service and payment

Access to the Service is through the purchase of a “Recall Display” Card. This purchase involves the payment by the Client of an amount by way of contribution for any intervention that can be used as per Article 3.

Shipping costs are not included in the amount covered by the Recall Display Service. These are charged to the Client and are selectable on the www.RecallFirstHand.it when requesting the provision of the Service. For transport, the choice of insured shipping is preferred, which guarantees the product’s shipment.

The activation of the Service can be carried out exclusively through www.recallfirsthand.it and it provides for the inclusion of data relating to the Device in addition to the customer data.

To use the Services, the Client, on the occasion of requesting to use their intervention, must show proof of purchase of the Device (fiscal receipt or receipt that shows evidence of the purchase date which must not be related to a moment preceding the activation of more than 48 calendar hours) and any document suitable for identifying its type (brand, model, IMEI), the date of purchase, and having activated the service on www.recallfirsthand.it. The purchase must have taken place in Italy.
In the case of absence of the aforementioned documents or inability to verify the veracity of the same (for example only: unreadable receipt), ITC SRL reserves the right not to intervene and return the Device to the Client. The analysis carried out and the return will, in any case, be counted as an event carried out during the year.

The Client undertakes not to use the Services in violation of any law or regulation or in any way in an abusive manner, to derive undue profit directly or indirectly or to cause ITC SRL or third parties any unjustified damage.

Article 7 – Request for service provision

7.1 The Service is provided exclusively on the Device identified in the Activation procedure or on the one being replaced, following an assistance intervention provided within the legal guarantee of conformity (where provided) or according to these General Conditions and on condition that the Client provides, at the request of ITC SRL, the documentation certifying the IMEI Code (or another suitable identification element) indicated in the Transport Document and/or in the replacement intervention document issued to the Client at the time of delivery of the replaced Device.

7.2 Upon the occurrence of the event described in the previous Article 3, the Client can request the provision of the corresponding Service.

7.3 In the event of accidental damage to the display of your device, the Client must forward a report by contacting the RecallFirstHand on the SUPPORT section of www.recallfirsthand.it by opening an RMA.

The collection of the Device for the replacement and subsequent delivery after the intervention can take place, under the transport services chosen by the Client when the RMA is opened. Shipping costs are borne by the Client.

The indications relating to the pick-up booking according to the chosen methods are provided on www.recallfirsthand.it.

7.4 The maximum number of Display Replacements allowed under this Agreement is 1 (one). The replacement is deemed to have occurred upon delivery of the device repaired according to these Regulations.

7.5 As part of the “RecallDisplay” Service, if the Client detects a lack of conformity of the Device and chooses to request its repair according to this service, instead of asserting the legal guarantee of conformity (Articles 128 et seq. of Legislative Decree 206/2005 – Consumer Code), the aforementioned provision of the Service will, in any case, be counted as an event enjoyed during the year.

7.6 If the Device, subject-matter of the intervention, proves to be a different brand from that expressed in Article 5, RECALL FIRSTHAND reserves the right not to intervene and return the device to the customer. The analysis carried out and the return will, in any case, be counted as an event carried out during the year.

Article 8 – Contact Centre

I Clienti che necessitano l’erogazione del Servizio, possono contattare il Contact Center secondo le seguenti modalità:

  • Contact Center RecallFirstHand – 03311544523 (Toll number* for landline and mobile phones)

The Contact Centre service is available on Monday, Wednesday and Friday from 10:00 to 12:00, excluding holidays.

Costs: for landline calls, the cost is EUR 11.88 without the connection charge for each minute of conversation, excluding VAT; from the mobile network according to the tariff plan applied by the operator. The rates in force on this date may vary.

Article 9 – Exclusions

In the case of Accidental Damage, the Service will not be provided if it is:

  • Faults or damage caused by cleaning or maintenance carried out by personnel or by service centres not authorised by the manufacturer or with unsuitable materials.
  • Damage caused by improper use or in violation of the manufacturer’s or seller’s instructions, negligence, experiments, testing, voluntary overload, repairs carried out by subjects other than those authorised or approved by RecallFirstHand, incorrect assembly or installation, incorrect disassembly and/or replacement by third parties to RecallFirstHand or the manufacturer, changes to the Mobile Device, vandalism.
  • Loss or theft of covered equipment
  • Aesthetic damage to the covered device that does not compromise this equipment’s functionality, including cracks, scratches, plastic breakage at the doors and discolouration
  • damage or failure caused by normal wear and/or use of the Insured Equipment;
  • damage caused by fire;
  • Mobile devices with a removed or altered identification number.
  • Mobile devices that have a non-personal use or are made available to the public, rented or leased or on loan for use and used in common areas, in associative spaces and shops open to the public.
  • Aesthetic damages such as scratches, abrasions or any damage that does not lead to the loss of functionality of the Device.
  • Product recall campaigns, serial defects or exit from the product market, carried out by the manufacturer or distributor.
  • Damage that occurred during events dependent on or connected to illegal activities;
  • Damage that occurred while the product is available or entrusted to third parties or during the transport of the Device by any means;
  • For malfunctions or damages that cause the physical breakdown of the telephone’s electronic board such as bending, perforations, cuts to the same.

The service will also not be provided if

  • The Display reveals damage from liquids or traces of oxidation
  • there is no Display inside the device.

Any compensation, performance, consequence and/or event deriving directly or indirectly from:

  1. a) damage caused by happened through or as a result of wars, accidents caused by war devices, invasions, hostility (whether in the event of a declared or not war), civil war, situations of armed conflict, rebellions, revolutions, insurrections, mutiny, martial law military or usurped power or attempted usurpation of power;
  2. b) strikes, riots, public unrest;
  3. c) curfew, border blockade, embargo, reprisals, sabotage;
  4. d) cconfiscation, nationalisation, seizure, restrictive provisions, detention, appropriation, requisition for their title or use by or on the order of any government (be it civil, military or “de facto”) or other national or local authority;
  5. e) acts of terrorism, meaning an act of terrorism, any act that includes but is not limited to the use of force or violence and/or threats by any person or group(s) of persons acting alone or behind or in connection with any organizer or government committed for political, religious, ideological or similar purposes including the intention to influence any government and/or alert public opinion and/or in the community or part of it;
  6. f) tornadoes, hurricanes, earthquakes, volcanic eruptions, floods, floods and other upheavals of nature;
  7. g) nuclear explosions and, even only partially, ionising radiation or radioactive contamination developed by nuclear fuels or nuclear waste or nuclear weapons, or deriving from transmutation phenomena of the nucleus of the atom or radioactive, toxic, explosive properties, or other characteristics dangerous nuclear equipment or its components;
  8. h) materials, substances, biological and/or chemical compounds, used to cause damage to human life or spread panic;
  9. i) pollution of any nature, infiltration, contamination of air, water, soil, subsoil, or any environmental damage;
  10. j) willful misconduct or gross negligence of the Insured or of persons to whom they must respond;
  11. k) abuse of alcohol and psychotropic drugs, non-therapeutic use of drugs or hallucinogens;
  12. l) mental illness, schizophrenia, manic-depressive forms, psychosis, major depression in the acute phase.
  13. m) deterioration, wear, corrosion, oxidation of the goods, which are a natural consequence of the use or operation, or caused by the gradual effects of atmospheric agents
  14. n) financial losses suffered by the Insured

If the Insured Device is irreparable or the repair does not concern only the service on the screen, the performance of the service will be subject to acceptance, by issuing a credit card guarantee, of the repair estimate for further damages. This request will be categorised as a request relating to Other types of accidental damage to iPhone devices. 

Article 10 – Termination

RECALL FIRSTHAND, reserves the right to terminate this Agreement if the Client defaults even to only one of the following obligations:

  1. activation of the Service beyond 48 calendar hours from the purchase of the device;
  2. failure to deliver the documentation certifying the IMEI code.

Article 11 – Right of withdrawal

In compliance with the Consumer Code (Article 64 Legislative Decree 206/2005 – Consumer Code), the Client has the right to withdraw within 10 working days from the completion of the Agreement with immediate effect, before its natural expiry, by registered letter with acknowledgement of receipt to

ITC SRL, based in Via Melzi d’Eril 44, 20154 Milan (MI)

Article 12 – Special conditions on intellectual property

All industrial and/or intellectual property rights relating to or in any case connected to the Service provided and to all its elements, such as, by way of example and without limitation, those relating to or connected to the content, the name, the object of the Service, the systems, the platforms, software, documentation, information and data on any medium for the provision and/or use of the Service, are and remain the exclusive property of Smart and/or its assignors and no rights or licenses on them are granted to the Client, except for the personal and non-transferable use by the Client of the specific elements of the Service provided by Smart to the Client, exclusively for the use of the same in compliance with the provisions of this Agreement.

Article 13 – Disputes, Court and applicable law

This Agreement is governed by Italian Law, regardless of the nationality, residence and/or domicile of the Client.

The exclusive competence, for any controversy that may arise between the Client and RECALLFIRSTHAND regarding the interpretation, execution, validity, efficacy and termination of this Agreement and in general all disputes on the consequently available rights of the Parties, also of a compensatory nature, will be held at the Court of Milan.

RECALL PREMIUM CARE

These General Terms and Conditions govern the relationship between ITC SRL and the Client, owner of the currently valid “RECALL PREMIUM CARE” service and owner of a Device associated with it, and govern the provision of the Assistance Service.

Article 1 – Processing of personal data under the Privacy Code (Legislative Decree 196/03).

The Client’s personal information acquired under this Agreement will be used by Smart S.r.l.
for the provision of the Services described in Article 3 of this Agreement.

The Client has the right to access their data at any time and to exercise the other rights provided for in Article 7 of the Privacy Code (e.g. ask for the origin, correction or updating of the data, etc.), as well as to request or view the full text of the information by contacting customer service free of charge on the telephone number 199 240 667 or by consulting the privacy link on www.recallfirsthand.it.

Article 2 – Definitions

Device: Smartphone or mobile phone, approved for connection to the network, compliant with the essential requirements of current legislation and bearing the CE marking that allows the use of the mobile communication service by the Client.

Client: the individual, a natural person as a consumer under the Consumer Code (Legislative Decree 206/05) having the requirements set out in Article 5, with which this Agreement is concluded.

Contact Center: a dedicated service for requesting the provision of the Services offered in this Agreement.

Agreement: these General Conditions, according to which the Services are provided within the limits and with the methods described below.

Sales Points: a commercial organisation consisting of shops, authorised service centres and other vendors.
ITC SRL: limited liability company with registered office in VIA Francesco Melzi d’Eril, 44 – 20154 Milan,
Tax code 10562420967 VAT number 10562420967 registered in the Milan Register of Companies at no. 2541189, authorised to carry out repairs at its Operational Structure located in Via per Solbiate Arno 67,

21040 Oggiona con Santo Stefano (VA).

Territory: Italy.

Article 3 – Purpose of the Contract

This Agreement relates to the provision of the Service within the limits and in the manner specified below.

SERVIZIO RECALL PREMIUM CARE:

RECALL PREMIUM CARE for iPhone is a Support service that includes up to 24 (twenty-four) months of additional hardware coverage; It gives you the right to 1 (one) intervention for accidental damage at an additional cost equal to:

  • € 19 for the battery
  • € 29 for the screen
  • € 39 for other damages

For all models, except the X, XS, XSMAX and XR, for which it will be:

  • € 29 for the battery
  • € 39 for the screen
  • € 49 for other damages

The activation cost of the Additional Protection Service is

–        €99,00 for iPhone 6, 6S, 6S PLUS, 7, 7 PLUS, 8, 8 PLUS

–        €109,00 for iPhone X, XS, XS MAX, XR**

It does not cover the theft or loss of the device.
Shipping costs are borne by the client.

**If the display is replaced, it will be done with an LED or a compound matrix one..

If the repair costs more than the Purchase Price or the Insured is considered by RecallFirstHand uneconomical, using delivery to RecallFirstHand of each original Accessory, the client will be entitled to receive a new or refurbished Exchange Appliance, according to the unquestionable judgment of Recall First Hand. In case of unavailability of the Exchange Device, the Insured will be delivered an omni-channel Purchase Certificate whose value corresponds to:

  • 60% of the purchase price of the Appliance covered by RECALL PREMIUM CARE service in the case the event occurs in the first 12 months of validity of the service.
  • 30% of the purchase price of the Appliance covered by RECALL PREMIUM CARE service in the case the event occurs in the first 12 months of validity of the service.

This Voucher can be used at RecallFirstHand within 120 calendar days from the date of issue.

ACCIDENTAL DAMAGE: “Accidental Damage” means any physical damage, breakage or failure of the Insured Equipment due to an unpredictable and unforeseeable non-intentional event occurred due to the activity of handling it (for example fall or contact of the Insured Equipment with liquids) or due to an external event (e.g. extreme environmental or atmospheric conditions). Damage must compromise the functionality of the Insured Equipment; this includes any cracks in the displays that compromise visibility. The appliance must be repairable.

SERVICE DELIVERED: Replacement and recovery in case of damage that precludes the regular use of the device and which was caused by external causes sudden and unpredictable not deriving from an intrinsic defect of the Device, or willful misconduct by the Client.
For details, refer to Article 9.
For claims relating to damage that only affect the display of the iPhone, the Insured Equipment must not show any further damage in addition to those indicated on the display, including body deformations or dents, as they can prevent the intervention of replacement of the display by RecallFirstHand
on the Insured Equipment. Where the Insured Equipment has further damage, it will be categorised as a related request of Other types of accidental damage to iPhone devices. Repairs to damage related exclusively to the display is only available for the iPhone.

OTHER SERVICES INCLUDED: None

Article 4 – Completion and duration of the Agreement

The Agreement is concluded when the Client has completed the Service Activation Procedure through www.RecallFirstHand.it and has received confirmation by email of the activation. This Agreement has a duration of 24 (twelve) months from the activation date and cannot be renewed on the same Device purchased or on the replaced or repaired one.

Article 5 – Requirements for signing the Agreement

Consistent with what is indicated in Article 2 hereinbefore, the Client, residing in the Territory, having reached adulthood at the time of activation and who, at the signing of this offer, owns a “RECALL PREMIUM CARE” card not yet activated and have purchased a Device in the previous 48 calendar hours or have purchased the “RECALL PREMIUM CARE” service on www.RecallFirstHand.it for one of the brands covered by the Service as indicated below: APPLE

Article 6 – Methods of access to the service and payment

Access to the Service is through the purchase of a “RECALL PREMIUM CARE” Card. This purchase involves the payment by the Client of an amount by way of contribution for any intervention that can be used as per Article 3.

Shipping costs are not included in the amount covered by the RECALL PREMIUM CARE Service. Different shipping methods such as insured shipping are the responsibility of the client and can be selected on www.RecallFirstHand.it when requesting the provision of the Service. For transport, the choice of insured shipping is preferred, which guarantees the product’s shipment.

The activation of the Service can be carried out exclusively through www.recallfirsthand.it and it provides for the inclusion of data relating to the Device in addition to the Client data.

To use the Services, the Client, upon requesting intervention, must show proof of purchase of the Device (fiscal receipt or receipt that shows evidence of the purchase date which must not be related to a moment preceding the activation of more than 48 calendar hours) and any document suitable for identifying its type (brand, model, IMEI), the date of purchase, and has activated the service on www.recallfirsthand.it. The purchase must have taken place in Italy.

In the case of absence of the aforementioned documents or inability to verify the veracity of the same (for example only: unreadable receipt), ITC SRL reserves the right not to intervene and return the Device to the Client. The analysis carried out and the return will, in any case, be counted as an event carried out during the year.

The Client undertakes not to use the Services in violation of any law or regulation or in any way in an abusive manner, to derive undue profit directly or indirectly or to cause ITC SRL or third parties any unjustified damage.

Article 7 – Request for service provision

7.1 The Service is provided exclusively on the Device identified in the Activation procedure or on the one being replaced, following an assistance intervention provided within the legal guarantee of conformity (where provided) or under these General Conditions and on condition that the Customer provides, at the request of ITC SRL, the documentation certifying the IMEI Code (or another suitable identification element) indicated in the Transport Document and/or in the replacement intervention document issued to the Client at the time of delivery of the replaced Device.

7.2 Upon the occurrence of the event described in the previous Article 3, the Client can request the provision of the corresponding Service.

7.3 In the event of accidental damage to the device, the Client shall send a report by contacting the RecallFirstHand on www.recallfirsthand.it or the Contact Centre to describe the type of damage.

Withdrawal of the Device for replacement and subsequent delivery after an intervention has taken place, at the discretion of RecallFirstHand, at the address indicated by the Client (by authorised courier) or through the RecallFirstHand network.

The indications relating to the booking of collection by the Courier or the list of available RecallFirstHand Centres are provided on www.recallfirsthand.it.

7.4 The maximum number of interventions on the device allowed under this Agreement is 1 (one) in the 24 (twenty-four) months of validity of the Service. The replacement is deemed to have occurred upon delivery of the device repaired according to these Regulations.

7.5 As a part of the “RECALL PREMIUM CARE” Service, if the Client detects a lack of conformity of the Device and chooses to request its repair under this service, instead of asserting the legal guarantee of conformity (Articles 128 et seq. of Legislative Decree 206/2005 – Consumer Code), the aforementioned provision of the Service will, in any case, be counted as an event within the validity of the service (24 months).

7.6 If the Device, subject-matter of the intervention, proves to be a different brand from that expressed in Article 5, RECALL FIRSTHAND reserves the right not to intervene and return the device to the customer. The analysis carried out and the return will, in any case, be counted as an event carried out during the year.

Article 8 – Contact Centre

Clients who require the provision of the Service can contact the Contact Centre in the following ways:

  • recallfirsthand.it
  • Contact Centre RecallFirstHand – 03311544523 (Toll number* for landline and mobile phones)

The Contact Centre service is available on Monday, Wednesday and Friday from 10:00 to 12:00, excluding holidays.

(*) Costs: for landline calls, the cost is EUR 11.88 without the connection charge for each minute of conversation, excluding VAT; from the mobile network according to the tariff plan applied by the operator. The rates in force on this date may vary.

Article 9 – Exclusions

In the case of Accidental Damage, the Service will not be provided if it is:

  • Faults or damage caused by cleaning or maintenance carried out by personnel or by service centres not authorised by the manufacturer or with unsuitable materials;
  • Damage caused by improper use or in violation of the manufacturer’s or seller’s instructions, negligence, experiments, testing, voluntary overload, repairs carried out by subjects other than those authorised or approved by RecallFirstHand, incorrect assembly or installation, incorrect disassembly and/or replacement by third parties to RecallFirstHand or the manufacturer, changes to the Mobile Device, vandalism;
  • Loss or theft of covered equipment;
  • Aesthetic damage to the covered device that does not compromise this equipment’s functionality, including cracks, scratches, plastic breakage at the doors and discolouration;
  • Damage or failure caused by normal wear and/or use of the Insured Equipment;
  • Damage caused by fire;
  • Mobile devices with a removed or altered identification number;
  • Mobile devices that have a non-personal use or are made available to the public rented or leased or on loan for use and used in common areas, in associative spaces and shops open to the public;
  • Aesthetic damages such as scratches, abrasions or any damage that does not lead to the loss of functionality of the Device;
  • Product recall campaigns, serial defects or exit from the product market, carried out by the manufacturer or distributor;
  • Damage that occurred during events dependent on or connected to illegal activities;
  • Damage that occurred while the product is available or entrusted to third parties or during the transport of the Device by any means;
  • For malfunctions or damages that cause the physical breakdown of the phone’s electronic board such as bending, perforations, cuts.

The service will also not be provided if

  • The Display reveals damage from liquids or traces of oxidation
  • There is no Display inside the device.

Any compensation, performance, consequence and/or event deriving directly or indirectly from:

  1. a) damage caused by or occurred as a result of wars, accidents due to war devices, invasions, hostility (whether in the event of a declared or not war), civil war,

armed conflict situations, rebellions, revolutions, insurrections, mutiny, martial law, military or usurped power or attempted usurpation of power;

  1. b) strikes, riots, public unrest;
  2. c) curfew, border blockade, embargo, reprisals, sabotage;
  3. d) b) confiscation, nationalization, seizure, restrictive provisions, detention, appropriation, requisition for its title or use by or on the order of any government (be it civil, military

or “de facto”) or other national or local authority;

  1. e) acts of terrorism, meaning an act of terrorism, any act that includes but is not limited to the use of force or violence and/or threats by any person or group (s) of

persons acting alone or behind or in connection with any organizer or government committed for political, religious, ideological or similar purposes including the intention to influence any government and/or alert public opinion and/or in the community or part of it;

  1. f) tornadoes, hurricanes, earthquakes, volcanic eruptions, floods, floods and other upheavals of nature;
  2. g) b) nuclear explosions and, even partially, ionizing radiation or radioactive contamination developed by nuclear fuels or by nuclear waste or by nuclear weapons, or deriving from

by phenomena of transmutation of the nucleus of the atom or by radioactive, toxic, explosive properties, or by other dangerous characteristics of nuclear equipment or its components;

  1. h) materials, substances, biological and/or chemical compounds, used to cause damage to human life or spread panic;
  2. i) pollution of any nature, infiltration, contamination of air, water, soil, subsoil, or any environmental damage;
  3. j) willful misconduct or gross negligence of the Insured or of persons to whom they must respond;
  4. k) abuse of alcohol and psychotropic drugs, non-therapeutic use of drugs or hallucinogens;
  5. l) mental illness, schizophrenia, manic-depressive forms, psychosis, major depression in the acute phase.
  6. m) deterioration, wear, corrosion, oxidation of the goods, which are a natural consequence of the use or operation, or caused by the gradual effects of atmospheric agents
  7. n) financial losses suffered by the Insured

If the Insured Device is irreparable or the repair does not concern only the service on the screen, the performance of the service will be subject to acceptance, by issuing a credit card guarantee, of the repair estimate for further damages. This request will be categorised as a request relating to Other types of accidental damage to iPhone devices. 

 

If the device is irreparable or if the repair has a cost higher than the Purchase Price or is considered by RecallFirstHand to be unfeasible, the Insured, upon delivery to RecallFirstHand of each original Accessory, will be entitled to receive a new Exchange Device or reconditioned, according to the unquestionable judgment of the Insurer.

In the case of unavailability of the Exchange Device, a Voucher will be delivered to the Insured
Omni-channel purchase whose value corresponds to:

  • 60% of the purchase price of the Appliance covered by the RECALL PREMIUM CARE Service
    if the event occurs in the first 12 months of validity of the service.
  • 30% of the purchase price of the Appliance covered by the RECALL PREMIUM CARE Service if the event occurs in the first 12 months of validity of the service.

This Purchase Voucher can be used at RecallFirstHand within 120 calendar days from the date of issue.

Article 10 – Termination

Smart, reserves the right to terminate this Agreement if the Client defaults even to only one of the following obligations:

  1. activation of the Service beyond 48 calendar hours from the purchase of the device;
  2. failure to deliver the documentation certifying the IMEI code.

Article 11 – Right of withdrawal

In compliance with the Consumer Code (Art. 64 Legislative Decree 206/2005 – Consumer Code), the Client has the right to withdraw within 10 working days from the completion of the Agreement with immediate effect, before its natural expiry, by registered letter with acknowledgement of receipt to Smart Srl Via Tintoretto, 12 21012 Cassano Magnago.

Article 12 – Special conditions on intellectual property

All industrial and/or intellectual property rights relating to or in any case connected to the Service provided and to all its elements, such as, by way of example and without limitation, those relating to or connected to the content, the name, the object of the Service, the systems, the platforms, software, documentation, information and data on any medium for the provision and/or use of the Service, are and remain the exclusive property of Smart and/or its assignors and no rights or licenses on them are granted to the Client, except for the personal and non-transferable use by the Client of the specific elements of the Service provided by Smart to the Client, exclusively for the use of the same in compliance with the provisions of this Agreement.

Article 13 – Disputes, Court and Applicable law

This Agreement is governed by Italian Law, regardless of the nationality, residence and/or domicile of the Client.

The exclusive competence, for any controversy that may arise between the Client and Smart regarding the interpretation, execution, validity, efficacy and termination of this Agreement and in general all disputes on the consequently available rights of the Parties, also of a compensatory nature, will be held at the Court of Milan.

RECALL EXCLUSIVE CARE

These General Terms and Conditions govern the relationship between ITC SRL and the Client, owner of the currently valid “RECALL EXCLUSIVE CARE” service and owner of a Device associated with it, and govern the provision of the Assistance Service.

Article 1 – Processing of personal data under the Privacy Code (Legislative Decree 196/03).

The Client’s personal information acquired under this Agreement will be used by Smart S.r.l.
for the provision of the Services described in Article 3 of this Agreement.

The Client has the right to access their data at any time and to exercise the other rights provided for in Article 7 of the Privacy Code (e.g. ask for the origin, correction or updating of the data, etc.), as well as to request or view the full text of the information by contacting customer service free of charge on the telephone number 199 240 667 or by consulting the privacy link on www.recallfirsthand.it.

Article 2 – Definitions

Device: Smartphone or mobile phone, approved for connection to the network, compliant with the essential requirements of current legislation and bearing the CE marking that allows the use of the mobile communication service by the Client.

Client: the individual, a natural person as a consumer under the Consumer Code (Legislative Decree 206/05) having the requirements set out in Article 5, with which this Agreement is concluded.

Contact Center: a dedicated service for requesting the provision of the Services offered in this Agreement.

Agreement: these General Conditions, according to which the Services are provided within the limits and with the methods described below.

Sales Points: a commercial organisation consisting of shops, authorised service centres and other vendors.

Service: the service indicated in Article 3 under the general conditions of this agreement.

ITC SRL: limited liability company with registered office in VIA Francesco Melzi d’Eril, 44 – 20154 Milan,
Tax code 10562420967 VAT number 10562420967 registered in the Milan Register of Companies at no. 2541189,
authorised to carry out repairs at its Operational Structure located in Via per Solbiate Arno 67,
21040 Oggiona con Santo Stefano (VA).

Territory: Italy.

Article 3 – Purpose of the Contract

This Agreement relates to the provision of the Service within the limits and in the manner specified below.

SERVIZIO RECALL EXLUSIVE CARE:

RECALL EXCLUSIVE CARE for iPhone is an Assistance service that includes 2 (two) interventions for accidental damages in the 24 (twenty-four) months of validity. It entitles you to 1 intervention in the first 12 (twelve) months and 1 (one) intervention in the second 12 (twelve) months, at an additional cost of:

  • € 19 for battery replacement;
  • € 29 for the screen
  • € 39 for other damages

By event.

For all models, except the X, XS, XSMAX and XR, for which it will be:

  • € 29 for the battery
  • € 39 for the screen
  • € 49 for other damages

per event. 2 (two) interventions for accidental damage.

The activation cost of the Additional Protection Service is

–        € 119.00 for iPhone 6, 6S, 6S PLUS, 7, 7 PLUS, 8 and 8 PLUS

–        € 149.00 FOR iPhone X, XS, XS MAX and XR **

It does not cover the theft or loss of the device. Shipping costs
are borne by the Client.

**If the display is replaced, it will be done with an LED or a compound matrix one.

If the repair costs more than the Purchase Price or the Insured is considered by RecallFirstHand uneconomical, using delivery to RecallFirstHand of each original Accessory, the client will be entitled to receive a new or refurbished Exchange Appliance, according to the unquestionable judgment of Recall First Hand.

In case of unavailability of the Exchange Device, the Insured will be delivered an omni-channel Purchase Certificate whose value corresponds to:

  • 60% of the purchase price of the Appliance covered by RECALL PREMIUM CARE service in the case the event occurs in the first 12 months of validity of the service.
  • 30% of the purchase price of the Appliance covered by RECALL PREMIUM CARE service in the case the event occurs in the first 12 months of validity of the service.

This Voucher can be used at RecallFirstHand within 120 calendar days from the date of issue.

ACCIDENTAL DAMAGE: “Accidental Damage” means any physical damage, breakage or failure of the Insured Equipment due to an unpredictable and unforeseeable non-intentional event occurred due to the activity of handling it (for example fall or contact of the Insured Equipment with liquids) or due to an external event (e.g. extreme environmental or atmospheric conditions). Damage must compromise the functionality of the Insured Equipment; this includes any cracks in the displays that compromise visibility. The appliance must be repairable.

SERVICE DELIVERED:

Replacement and restoration in case of damage that precludes ordinary use of the device and which was caused by external causes sudden and unpredictable not deriving from an intrinsic defect of the Device, or willful misconduct by the Client. For details, refer to Article 9. For claims relating to damage that only affect the display of the iPhone, the Insured Equipment must not show any further damage in addition to those indicated on the display, including body deformations or dents, as they can prevent the intervention of replacement of the display by RecallFirstHand on the Insured Equipment. Where the Insured Equipment has further damage, it will be categorised as a related request of Other types of accidental damage to iPhone devices. Repairs to damage related exclusively to the display is only available for iPhones.

Article 4 – Completion and duration of the Agreement

The Agreement is concluded when the Client has completed the Service Activation Procedure through www.RecallFirstHand.it and has received confirmation by email of the activation. This Agreement has a duration of 24 (twelve) months from the activation date and cannot be renewed on the same Device purchased or on the replaced or repaired one.

Article 5 – Requirements for signing the Agreement

Consistent with what is indicated in Article 2 hereinbefore, the Client, residing in the Territory, having reached adulthood at the time of activation and who, at the signing of this offer, owns a “RECALL PREMIUM CARE” card” not yet activated and have purchased a Device in the previous 48 calendar hours or have purchased the “RECALL PREMIUM CARE” service on www.RecallFirstHand.it for one of the brands covered by the Service as indicated below: APPLE

Article 6 – Methods of access to the service and payment

Access to the Service is through the purchase of a “RECALL PREMIUM CARE” Card. This purchase involves the payment by the Client of an amount by way of contribution for any intervention that can be used as per Article 3.

Shipping costs are EXCLUDED in the amount covered by the RECALL EXCLUSIVE CARE Service. Different shipping methods such as insured shipping are the responsibility of the client and can be selected on www.RecallFirstHand.it when requesting the provision of the Service. For transport, the choice of insured shipping is preferred, which guarantees the product’s shipment.

The activation of the Service can be carried out exclusively through www.recallfirsthand.it and it provides for the inclusion of data relating to the Device in addition to the customer data.

To use the Services, the Client, upon requesting intervention, must show proof of purchase of the Device (fiscal receipt or receipt that shows evidence of the purchase date which must not be related to a moment preceding the activation of more than 48 calendar hours) and any document suitable for identifying its type (brand, model, IMEI), the date of purchase, and has activated the service on www.recallfirsthand.it. The purchase must have taken place in Italy.

In the case of absence of the aforementioned documents or inability to verify the veracity of the same (for example only: unreadable receipt), ITC SRL reserves the right not to intervene and return the Device to the Client. The analysis carried out and the return will, in any case, be counted as an event carried out during the year.

The Client undertakes not to use the Services in violation of any law or regulation or in any way in an abusive manner, to derive undue profit directly or indirectly or to cause ITC SRL or third parties any unjustified damage.

Article 7 – Request for service provision

7.1 The Service is provided exclusively on the Device identified in the Activation procedure or on the one being replaced, following an assistance intervention provided within the legal guarantee of conformity (where provided) or under these General Conditions and on condition that the Client provides, at the request of ITC SRL, the documentation certifying the IMEI Code (or another suitable identification element) indicated in the Transport Document and/or in the replacement intervention document issued to the Client at the time of delivery of the replaced Device.

7.2 Upon the occurrence of the event described in the previous Article 3, the Client can request the provision of the corresponding Service.

7.3 In the event of accidental damage to the device, the Client shall send a report by contacting the RecallFirstHand on www.recallfirsthand.it or the Contact Centre to describe the type of damage.

Withdrawal of the Device for replacement and subsequent delivery after the intervention has taken place, at the discretion of RecallFirstHand, at the address indicated by the Client (by authorised courier) or through the RecallFirstHand network.

The indications relating to the booking of collection by the Courier or the list of available RecallFirstHand Centres are provided on www.recallfirsthand.it.

7.4 The maximum number of interventions on the device allowed under this Agreement is 1 (one) in the 24 (twenty-four) months of validity of the Service. The replacement is deemed to have occurred upon delivery of the device repaired according to these Regulations.

7.5 As a part of the “RECALL PREMIUM CARE” Service, if the Client detects a lack of conformity of the Device and chooses to request its repair according to this service, instead of asserting the legal guarantee of conformity (Articles 128 et seq. of Legislative Decree 206/2005 – Consumer Code), the aforementioned provision of the Service will, in any case, be counted as an event within the validity of the service (24 months).

7.6 If the Device, subject-matter of the intervention, proves to be a different brand from that expressed in Article 5, RECALL FIRSTHAND reserves the right not to intervene and return the device to the customer. The analysis carried out and the return will, in any case, be counted as an event carried out during the year.

Article 8 – Contact Centre

Clients who require the provision of the Service can contact the Contact Centre in the following ways:

  • recallfirsthand.it
  • Contact Center RecallFirstHand – 03311544523 (Toll number* for landline and mobile phones)

The Contact Centre service is available on Monday, Wednesday and Friday from 10:00 to 12:00, excluding holidays.

(*) Costs: for landline calls, the cost is EUR 11.88 without the connection charge for each minute of conversation, excluding VAT; from the mobile network according to the tariff plan applied by the operator. The rates in force on this date may vary.

Article 9 – Exclusions

In the case of Accidental Damage, the Service will not be provided if it is:

  • Faults or damage caused by cleaning or maintenance carried out by personnel or by service centres not authorised by the manufacturer or with unsuitable materials;
  • Damage caused by improper use or in violation of the manufacturer’s or seller’s instructions, negligence, experiments, testing, voluntary overload, repairs carried out by subjects other than those authorised or approved by RecallFirstHand, incorrect assembly or installation, incorrect disassembly and/or replacement by third parties to RecallFirstHand or the manufacturer, changes to the Mobile Device, vandalism;
  • Loss or theft of covered equipment;
  • Aesthetic damage to the covered device that does not compromise this equipment’s functionality, including cracks, scratches, plastic breakage at the doors and discolouration;
  • Damage or failure caused by normal wear and/or use of the Insured Equipment;
  • Damage caused by fire;
  • Mobile devices with a removed or altered identification number;
  • Mobile devices that have a non-personal use or are made available to the public rented or leased or on loan for use and used in common areas, in associative spaces and shops open to the public;
  • Aesthetic damages such as scratches, abrasions or any damage that does not lead to the loss of functionality of the Device;
  • Product recall campaigns, serial defects or exit from the product market, carried out by the manufacturer or distributor;
  • Damage that occurred during events dependent on or connected to illegal activities;
  • Damage that occurred while the product is available or entrusted to third parties or during the transport of the Device by any means;
  • For malfunctions or damages that cause the physical breakdown of the phone’s electronic board such as bending, perforations, cuts.

The service will also not be provided if

  • The Display reveals damage from liquids or traces of oxidation
  • There is no Display inside the device.

Any compensation, performance, consequence and/or event deriving directly or indirectly from:

  1. a) damage caused by or occurred as a result of wars, accidents due to war devices, invasions, hostility (whether in the event of a declared or not war), civil war,

armed conflict situations, rebellions, revolutions, insurrections, mutiny, martial law, military or usurped power or attempted usurpation of power;

  1. b) strikes, riots, public unrest;
  2. c) curfew, border blockade, embargo, reprisals, sabotage;
  3. d) b) confiscation, nationalization, seizure, restrictive provisions, detention, appropriation, requisition for its title or use by or on the order of any government (be it civil, military

or “de facto”) or other national or local authority;

  1. e) acts of terrorism, meaning an act of terrorism, any act that includes but is not limited to the use of force or violence and/or threats by any person or group (s) of

persons acting alone or behind or in connection with any organizer or government committed for political, religious, ideological or similar purposes including the intention to influence any government and/or alert public opinion and/or in the community or part of it;

  1. f) tornadoes, hurricanes, earthquakes, volcanic eruptions, floods, floods and other upheavals of nature;
  2. g) b) nuclear explosions and, even partially, ionizing radiation or radioactive contamination developed by nuclear fuels or by nuclear waste or by nuclear weapons, or deriving from

by phenomena of transmutation of the nucleus of the atom or by radioactive, toxic, explosive properties, or by other dangerous characteristics of nuclear equipment or its components;

  1. h) materials, substances, biological and/or chemical compounds, used to cause damage to human life or spread panic;
  2. i) pollution of any nature, infiltration, contamination of air, water, soil, subsoil, or any environmental damage;
  3. j) willful misconduct or gross negligence of the Insured or of persons to whom they must respond;
  4. k) abuse of alcohol and psychotropic drugs, non-therapeutic use of drugs or hallucinogens;
  5. l) mental illness, schizophrenia, manic-depressive forms, psychosis, major depression in the acute phase.
  6. m) deterioration, wear, corrosion, oxidation of the goods, which are a natural consequence of the use or operation, or caused by the gradual effects of atmospheric agents
  7. n) financial losses suffered by the Insured

If the Insured Device is irreparable or the repair does not concern only the service on the screen, the performance of the service will be subject to acceptance, by issuing a credit card guarantee, of the repair estimate for further damages. This request will be categorised as a request relating to Other types of accidental damage to iPhone devices. 

 

If the device is irreparable or if the repair has a cost higher than the Purchase Price or is considered by RecallFirstHand to be unfeasible, the Insured, upon delivery to RecallFirstHand of each original Accessory, will be entitled to receive a new Exchange Device or reconditioned, according to the unquestionable judgment of the Insurer.

In the case of unavailability of the Exchange Device, a Voucher will be delivered to the Insured
Omni-channel purchase whose value corresponds to:

  • 60% of the purchase price of the Appliance covered by the RECALL PREMIUM CARE Service
    if the event occurs in the first 12 months of validity of the service.
  • 30% of the purchase price of the Appliance covered by the RECALL PREMIUM CARE Service if the event occurs in the first 12 months of validity of the service.

This Purchase Voucher can be used at RecallFirstHand within 120 calendar days from the date of issue.

Article 10 – Termination

Smart, reserves the right to terminate this Agreement if the Client defaults even to only one of the following obligations:

  1. activation of the Service beyond 48 calendar hours from the purchase of the device;
  2. failure to deliver the documentation certifying the IMEI code.

Article 11 – Right of withdrawal

In compliance with the Consumer Code (Art. 64 Legislative Decree 206/2005 – Consumer Code), the Client has the right to withdraw within 10 working days from the completion of the Agreement with immediate effect, before its natural expiry, by registered letter with acknowledgement of receipt to Smart Srl Via Tintoretto, 12 21012 Cassano Magnago.

Article 12 – Special conditions on intellectual property

All industrial and/or intellectual property rights relating to or in any case connected to the Service provided and to all its elements, such as, by way of example and without limitation, those relating to or connected to the content, the name, the object of the Service, the systems, the platforms, software, documentation, information and data on any medium for the provision and/or use of the Service, are and remain the exclusive property of Smart and/or its assignors and no rights or licenses on them are granted to the Client, except for the personal and non-transferable use by the Client of the specific elements of the Service provided by Smart to the Client, exclusively for the use of the same in compliance with the provisions of this Agreement.

Article 13 – Disputes, Court and Applicable law

This Agreement is governed by Italian Law, regardless of the nationality, residence and/or domicile of the Client.

The exclusive competence, for any controversy that may arise between the Client and Smart regarding the interpretation, execution, validity, efficacy and termination of this Agreement and in general all disputes on the consequently available rights of the Parties, also of a compensatory nature, will be held at the Court of Milan.

GENERAL CONDITIONS OF SALE FOR REFURBISHED DEVICES WITH CUSTOMISATION SERVICES

We’re here to help you! RecallFirstHand certified repairs are carried out by qualified experts under the RecallFirstHand scheme, they use qualified parts. Only Recall certified repairs are guaranteed by RecallFirstHand. Start your repair request now or scroll down to find more information about the repairs.

We provide our customers with added value services that cover every need of our clients.

Choose the RECALL EXPRESS SERVICE, with which in case of repair you can have the smartphone in 48 hours.

7.3.4.1 RECALL FIRSTHAND ASSISTANCE SERVICE

GENERAL CONDITIONS OF CONTRACT OF THE RECALL FIRSTHAND ASSISTANCE SERVICE

These terms and conditions (Terms and Conditions) govern the repair service of your product by qualified technical assistance laboratories under the RECALLFIRSTHAND scheme.

  1. RecallFirstHand will assist with the product as described in the authorisation to proceed, and at the rates indicated therein, in addition to any applicable taxes. If assistance is provided at a RecallFirstHand Point, RecallFirstHand may limit the support service to one (1) product per customer. If the intervention is covered by the RecallFirstHand warranty, by a specific service contract or by consumer protection law, the terms of these contracts or laws apply.

RecallFirstHand is aware of the importance of data for customers. There is a possibility of data loss during the intervention and, in some cases, the data may be erased, formatted or become unrecoverable. Therefore, it is the customer’s sole responsibility to make a backup of all data, software and/or programs present on the product, as well as to decide whether to delete such data from the product before the assistance intervention. RecallFirstHand declines all responsibility for the loss, recovery or compromise of data, software and programs, as well as for the loss of the functionality of the product or other devices, which may occur in the context of the services provided by RecallFirstHand. The Client declares that the product does not contain illegal files or data.

The Client acknowledges that the device can be shipped by ordinary courier to an external service provider that takes care of the assistance. Therefore, it is advisable to make a backup of the device and delete its contents before delivering it to service.

  1. If the assistance intervention was due to the malfunction of non-original components or damage caused by improper use or other external causes, RecallFirstHand reserves the right to return the product to the customer without carrying out the intervention, charging him for any costs for diagnostic investigations.

Original components are parts installed in the appliance when the customer purchases the goods, or new or reconditioned parts or products equivalent to the new ones in terms of performance and reliability as long as they are installed by RecallFirstHand.

RecallFirstHand declines all responsibility for any damage that may occur to the product during the repair work as a consequence of unauthorised modifications or repairs/replacements not carried out by RecallFirstHand or by a RecallFirstHand Qualified Technical Laboratory. Whenever damage occurs, RecallFirstHand will ask the customer’s authorisation to bear any additional costs to complete the intervention, even if the product is covered by a warranty or by an additional service agreement, such as RECALL PREMIUM CARE or RECALL EXCLUSIVE CARE. In the case of refusal by the customer, RecallFirstHand can, without any liability, return the product without repairing and in damaged conditions.

  1. If the repair requires work or spare parts not previously specified, RecallFirstHand may ask you to approve a new quote. If you do not agree that RecallFirstHand can modify the repair costs, RecallFirstHand will be able to return the product to you without repairing it and will be able to charge you for any diagnostic costs indicated.
  2. RecallFirstHand may use new or equivalent parts or products, for reliability and performance, to new parts or products. RecallFirstHand will retain the replaced part or the product that has been replaced as the property of RecallFirstHand, while the replaced part will become your property. Generally, the replaced parts are repairable and have a value as they can be replaced or repaired by RecallFirstHand. If applicable law requires RecallFirstHand to return a replaced part to you, you agree to pay RecallFirstHand the additional cost of the replaced part.
  3. RecallFirstHand warrants for ninety (90) days from the date of repair (1) that the repair will be carried out competently and professionally and (2) that all the parts used to repair your product will be free from defects in materials and functioning unless otherwise specified by RecallFirstHand or otherwise provided for by the legal guarantee rules. RecallFirstHand also guarantees, as permitted by law, that the batteries installed as part of the RecallFirstHand battery replacement intervention will be free from defects in materials and workmanship for forty-five (45) days from the date of the intervention. This warranty is an express limited warranty, and in the event of default Apple (i) will repair it again, (ii) repair or replace the part, or (iii) refund the cost of the repair. To benefit from this warranty, you must return your product to the place where the repair was made at your expense. THIS WARRANTY AND RELATED REMEDIES ARE EXCLUSIVE AND REPLACE ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS WRITTEN, ORAL, EXPRESS OR IMPLIED. RECALLFIRSTHAND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF RECALLFIRSTHAND COULD NOT DISCLAIM IMPLIED WARRANTIES BY LAW, THE DURATION OF THESE WARRANTIES WILL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTY EXPRESSED. THE FOREGOING WILL NOT LIMIT OR EXCLUDE IN ANY CASE ANY RIGHT THAT YOU MAY ENJOY UNDER THE CONSUMER CODE, LEGISLATIVE DECREE N. 206/2005.
  4. TO THE FULLEST EXTENT PROVIDED FOR BY LAW, RECALLFIRSTHAND AND ITS QUALIFIED LABORATORIES WILL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF REPAIRS PERFORMED, THEREFORE, EXCLUDING: LOSS OF REVENUES; LOSS OF CURRENT OR EXPECTED PROFITS (INCLUDING LOSS OF PROFITS ARISING FROM CONTRACTS); LOSS OF USE OF MONEY; LOSS OF SAVINGS; BUSINESS LOSS; LOSS OF OPPORTUNITY; LOSS OF STARTING; REPUTATION LOSS; LOSS, DAMAGE OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERY, PROGRAMMING OR RESTAURANT OF ANY PROGRAM OR DATA STORED OR USED IN RELATION TO ITS PRODUCT AND ANY BREACH OF THE CONFIDENTIALITY OF THE DATA STORED IN ITS PRODUCT. THE PREVIOUS LIMITATION WILL NOT APPLY TO ADVANCED REQUESTS FOR DEATH OR BIOLOGICAL DAMAGE, OR IN THE EVENT OF FAILURE OR SERIOUS FAULT, AS WELL AS IN ANY OTHER CASE OF BREACH OF OBLIGATIONS ARISING FROM PUBLIC ORDER RULES AS PROVIDED FOR UNDER ARTICLE 1229 OF THE ITALIAN CIVIL CODE. IN PARTICULAR, APPLE DOES NOT GUARANTEE THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT ANY RISK OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF THE DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE APPLE HAS IT IN CUSTODY, THE LIABILITY OF RECALLFIRSTHAND WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION. OTHERWISE, RECALLFIRSTHAND’S LIABILITY FOR EACH AND IN NO EVENT WILL ANY DAMAGE EXCEED THE AMOUNT OF PAYMENTS RECEIVED BY APPLE FOR THE SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES INDICATED HEREIN WILL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF RECALLFIRSTHAND PURSUANT TO THESE TERMS AND CONDITIONS. THE FOREGOING WILL NOT LIMIT OR EXCLUDE IN ANY CASE ANY RIGHT THAT YOU MAY ENJOY UNDER THE CONSUMER CODE, LEGISLATIVE DECREE N. 206/2005.
  5. If you do not withdraw your product and do not pay any related costs within sixty (60) days from the communication by RecallFirstHand that your product has been repaired, RecallFirstHand can retain it and dispose of it according to the law.
  6. If the repair involves the transfer of information or the installation of software, you declare that you have the right to copy the information and to accept the terms of the software license, and you authorise Apple to transfer the information and to accept these terms on your behalf in repairing.
  7. These Terms and Conditions are governed by Italian law (without taking into account the rules of Italian private international law).
  8. These Terms and Conditions are the only terms and conditions governing the repair of your product by RecallFirstHand.
  9. You agree and understand that RecallFirstHand must collect, process and use your personal information for repairs under these Terms and Conditions. Apple will protect your data under the Privacy Policy for Apple customers available at the URL www.recallfirsthand.it/privacy/.

7.3.4.2 RECALL PICK-UP AND RETURN SERVICE

The pick-up & return service allows the customer in case of repair, to easily choose where to pick up the phone and where to have it returned.

The picking-up phase, unless otherwise specified in the offer, takes between 2 and 4 working days from the time of processing.

The delivery, unless otherwise indicated in the offer, takes 2 to 4 working days from the time of processing, based on the shipping address. Shipment is not insured. Shipping costs are borne by the customer.

In sales contracts that provide for the delivery of goods/products from RecallFirstHand to the Client and/or Consumer, the risk for the loss or damage to the goods appears to be borne by the Client and/or Consumer, therefore, in the cases of shipment of goods/products, with uninsured delivery methods, a refund will be offered by RecallFirstHand equal to that guaranteed by the basic policy of the carrier used by the seller. RECALL FIRSTHAND provides the customer with an insured shipping service which guarantees replacement in the event of loss of the goods with a model of equivalent characteristics.

In sales contracts in which the methods of delivery of goods/products have been identified by the Client and/or Consumer themselves, the risk of loss or damage to the goods is transferred to the Client and/or Consumer at the time of delivery of the goods to the carrier.

Shipments that take place within the European Union are exempt from customs duties. Any customs duties, taxes or ancillary rates for shipping to non-EU countries, with particular reference to Switzerland, are borne by the Client.

If the goods sent were damaged during transport, the customer is required to immediately inform RecallFirstHand Customer Service. In this way, RecallFirstHand will have the opportunity to present it in turn a complaint against the carrier. Failure to notify the customer does not affect their statutory warranty rights.

7.3.4.3 RECALL EXPRESS SERVICE

These terms and conditions (Terms and Conditions) govern the repair service of your product by qualified technical assistance laboratories under the RECALLFIRSTHAND RECAL EXPRESS SERVICE scheme.

  1. RecallFirstHand will assist with the product as described in the authorisation to proceed, and at the rates indicated therein, in addition to any applicable taxes. If assistance is provided at a RecallFirstHand Point, RecallFirstHand may limit the support service to one (1) product per customer. If the intervention is covered by the RecallFirstHand warranty, by a specific service contract or by consumer protection law, the terms of these contracts or laws apply.

RecallFirstHand is aware of the importance of data for customers. There is a possibility of data loss during the intervention and, in some cases, the data may be erased, formatted or become unrecoverable. Therefore, it is the customer’s sole responsibility to make a backup of all data, software and/or programs present on the product, as well as to decide whether to delete such data from the product before the assistance intervention. RecallFirstHand declines all responsibility for the loss, recovery or compromise of data, software and programs, as well as for the loss of the functionality of the product or other devices, which may occur in the context of the services provided by RecallFirstHand. The Client declares that the product does not contain illegal files or data.

The Client acknowledges that the device can be shipped by ordinary courier to an external service provider that takes care of the assistance. Therefore, it is advisable to make a backup of the device and delete its contents before delivering it to service.

  1. If the assistance intervention was due to the malfunction of non-original components or damage caused by improper use or other external causes, RecallFirstHand reserves the right to return the product to the customer without carrying out the intervention, charging him for any costs for diagnostic investigations.

Original components are parts installed in the appliance when the customer purchases the goods, or new or reconditioned parts or products equivalent to the new ones in terms of performance and reliability as long as they are installed by RecallFirstHand.

RecallFirstHand declines all responsibility for any damage that may occur to the product during the repair work as a consequence of unauthorised modifications or repairs/replacements not carried out by RecallFirstHand or by a RecallFirstHand Qualified Technical Laboratory. If damage occurs, RecallFirstHand will request the Client’s authorisation to bear any additional costs to complete the intervention, even if the product is covered by a warranty or by an additional service contract, such as RECALL PREMIUM CARE or RECALL EXCLUSIVE CARE. In the case of refusal by the customer, RecallFirstHand can, without any liability, return the product without repairing and in damaged conditions.

  1. If the repair requires work or spare parts not previously specified, RecallFirstHand may ask you to approve a new quote. If you do not agree that RecallFirstHand can modify the repair costs, RecallFirstHand will be able to return the product to you without repairing it and will be able to charge you for any diagnostic costs indicated.
  2. RecallFirstHand may use new or equivalent parts or products, for reliability and performance, to new parts or products. RecallFirstHand will retain the replaced part or the as part of RecallFirstHand product that had been replaced, while the replaced part will become your property. Generally, the replaced parts are repairable and have a value as they can be replaced or repaired by RecallFirstHand. If applicable law requires RecallFirstHand to return a replaced part to you, you agree to pay RecallFirstHand the additional cost of the replaced part.
  3. RecallFirstHand warrants for ninety (90) days from the date of repair (1) that the repair will be carried out competently and professionally and (2) that all the parts used to repair your product will be free from defects in materials and functioning unless otherwise specified by RecallFirstHand or otherwise provided for by the legal guarantee rules. RecallFirstHand also guarantees, as permitted by law, that the batteries installed as part of the RecallFirstHand battery replacement intervention will be free from defects in materials and workmanship for forty-five (45) days from the date of the intervention. This warranty is an express limited warranty, and in the event of default Apple (i) will repair it again, (ii) repair or replace the part, or (iii) refund the cost of the repair. To benefit from this warranty, you must return your product to the place where the repair was made at your expense. THIS WARRANTY AND RELATED REMEDIES ARE EXCLUSIVE AND REPLACE ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS WRITTEN, ORAL, EXPRESS OR IMPLIED. RECALLFIRSTHAND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF RECALLFIRSTHAND COULD NOT DISCLAIM IMPLIED WARRANTIES BY LAW, THE DURATION OF THESE WARRANTIES WILL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTY EXPRESSED. THE FOREGOING WILL NOT LIMIT OR EXCLUDE IN ANY CASE ANY RIGHT THAT YOU MAY ENJOY UNDER THE CONSUMER CODE, LEGISLATIVE DECREE N. 206/2005.
  4. TO THE FULLEST EXTENT PROVIDED FOR BY LAW, RECALLFIRSTHAND AND ITS QUALIFIED LABORATORIES WILL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF REPAIRS PERFORMED, THEREFORE, EXCLUDING: LOSS OF REVENUES; LOSS OF CURRENT OR EXPECTED PROFITS (INCLUDING LOSS OF PROFITS ARISING FROM CONTRACTS); LOSS OF USE OF MONEY; LOSS OF SAVINGS; BUSINESS LOSS; LOSS OF OPPORTUNITY; LOSS OF STARTING; REPUTATION LOSS; LOSS, DAMAGE OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERY, PROGRAMMING OR RESTAURANT OF ANY PROGRAM OR DATA STORED OR USED IN RELATION TO ITS PRODUCT AND ANY BREACH OF THE CONFIDENTIALITY OF THE DATA STORED IN ITS PRODUCT. THE PREVIOUS LIMITATION WILL NOT APPLY TO ADVANCED REQUESTS FOR DEATH OR BIOLOGICAL DAMAGE, OR IN THE EVENT OF FAILURE OR SERIOUS FAULT, AS WELL AS IN ANY OTHER CASE OF BREACH OF OBLIGATIONS ARISING FROM PUBLIC ORDER RULES AS PROVIDED FOR UNDER ARTICLE 1229 OF THE ITALIAN CIVIL CODE. IN PARTICULAR, APPLE DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE ITS PRODUCT WITHOUT ANY RISK OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN DATA CONFIDENTIALITY. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE APPLE HAS IT IN CUSTODY, THE LIABILITY OF RECALLFIRSTHAND WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION. OTHERWISE, THE LIABILITY OF RECALLFIRSTHAND FOR ANY AND ANY DAMAGES WILL IN NO EVENT EXCEED THE AMOUNT OF PAYMENTS RECEIVED BY APPLE FOR THE SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES INDICATED HEREIN WILL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF RECALLFIRSTHAND PURSUANT TO THESE TERMS AND CONDITIONS. THE FOREGOING WILL NOT LIMIT OR EXCLUDE IN ANY CASE ANY RIGHT THAT YOU MAY ENJOY UNDER THE CONSUMER CODE, LEGISLATIVE DECREE N. 206/2005.
  5. If you do not withdraw your product and do not pay any related costs within sixty (60) days from the communication by RecallFirstHand that your product has been repaired, RecallFirstHand can retain it and dispose of it according to the law.
  6. If the repair involves the transfer of information or the installation of software, you declare that you have the right to copy the information and to accept the terms of the software license, and you authorise Apple to transfer the information and to accept these terms on your behalf in repairing.
  7. These Terms and Conditions are governed by Italian law (without taking into account the rules of Italian private international law).
  8. These Terms and Conditions are the only terms and conditions governing the repair of your product by RecallFirstHand.
  9. You agree and understand that RecallFirstHand must collect, process and use your personal information for repairs under these Terms and Conditions. Apple will protect your data under the Privacy Policy for RECALL FIRSTHAND Clients available at www.recallfirsthand.it/privacy.