OUR TERMS & CONDITIONS

Our terms, conditions, website terms of use and our Privacy Policy (governs how we use your information) will inform you about our full service. Please read them all carefully, making sure you fully understand them before booking any services with us as they are a contract between us and you. You will only be able to place an order once you have clicked to confirm you have read them. We advise you download or print a copy of these terms should you require them for future reference. Please re-read these terms every time you make an order as they are updated when necessary. These terms were last amended on 19th August 2019.

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1.    DEFINITIONS
When the following Bold words are used, they mean:
a.    Mobile Repairs Pro/We/Our/Us: EFT Winston Ltd. England and Wales registration number 10293318 registered office, 1081 Garratt Lane, London, England, SW17 0LN. Please call us on 08000 14 14 41 or email us at bookings@mobilerepairspro.co.uk.
b.    Terms: the terms and conditions set out in this document; and when Mobile Repairs Pro uses the words "writing" or "written" in these Terms, this will include e-mail correspondence unless Mobile Repairs Pro says otherwise.
c.    On Site Repairs: a contract for repairs conducted at your desired location and us; or one of our contractors.
d.    Event Outside Our Control: means any act or event beyond our reasonable control.
e.    Engineer: a Mobile Repairs Pro approved repair specialist either employed by us or a contractor.
f.    Repair Services: any repair related service conducted by Mobile Repairs Pro on your behalf.
g.    Terms: the terms and conditions set out in this document.

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2.    HOW WE MAY USE YOUR PERSONAL INFORMATION
The personal information you provide to Mobile Repairs Pro, in line with our privacy policy may be used to:
a.    Provide the ordered Repair Services;
b.    Enable an Engineer to contact you and provide the Onsite Repair Service;
c.    Processing payments for any of our repair services;
d.    Inform you about similar products or services that Mobile Repairs Pro provides, but you may stop receiving these at any time by contacting Mobile Repairs Pro.

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3.    REPAIR SERVICES
1.    Consumer clients must be at least 18 years old to book a repair service with us. 
2.    You must have the authority to book a repair service if you are Business Customer. 
3.    For both consumer and corporate Clients, where you are booking an order through our website, please make sure you:
a.    Check and amend any errors before submitting it to us.
b.    Are aware that upon completing your order, these terms and conditions come into effect.
4.    For both consumer and corporate clients, these terms are compliant for orders completed by telephone or at one of our repair centres and become binding at the point of booking a service.
5.    Any quotation given by Mobile Repairs Pro shall not constitute an offer by Mobile Repairs Pro to provide repair services.
6.    If you are a corporate customer, you agree that these terms apply to the contract between you and Mobile Repairs Pro to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
7.    Except where specified, we use non- original manufacturer components for our repairs; usually they are OEM or AAA quality off-market components. 
8.    Our engineers are trained/tested by Mobile Repairs Pro and not by the original manufacturer.

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4.    ONSITE REPAIRS
1.    Where you book an Onsite Repair, please note that:
a.    In most cases Mobile Repairs Pro Engineers conduct the repair but sometimes your repair may be completed by one of our network engineers;
b.    Where an external engineer conducts the repair, this contract is between you and them and not with Mobile repairs Pro;
c.    In some cases e.g. during training and probation periods, your engineer may be accompanied by another engineer to supervise the repair;
d.    Upon examining your device we have the right to alter the pricing or repair depending on the extent of the damage or if an error occurred in your/our original (pre-disassembly) diagnosis. However, you will be informed of such changes prior to the commencement of the repairs and you have the right at this point to cancel the repair. Should you choose to do this, you would only need to pay the call out fee for onsite repairs and our positing charge for mail in repairs. No charge would be demanded from customers who attend our repair centres. Any repair you wish to have is completely at your discretion. Out repair services voluntarily provided to you by any of our engineers and/or the acts and/or omissions of anyone connected of sub-contracted by Mobile Repairs Pro;
e.    For onsite repairs, once a repair is completed, you must check your device thoroughly before payment. Once you have paid, it is deemed that the device is in the same working order as prior to the repair. From this point, our warranty only applies to the components that we fix. There is no warranty for any components not repaired by us;
f.    Please see our warranty clauses for full details of our warranty.
2.    If you are not a consumer, you confirm that: (a) you have authority to bind any business on whose behalf you seek to purchase of Onsite Repairs; (b) you and shall make payment for the Onsite Repairs to Mobile Repairs Pro in accordance with the relevant clauses in these terms; and (c) where the engineer conducting the repair is subcontracted, these terms apply to the contract between you and them, to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.    Onsite Repairs can be cancelled any time before an engineer commences travelling to your location. If your cancellation takes effect once the engineer has commenced travelling to your location, you will have to pay the engineer a non-refundable call out fee stated on our site.
4.    The provisions of clause 6.1 (Repair Conditions), clause 18.1 (Liquid Damage Repairs), clause 9.1 (Diagnostic Services), clauses 10.1 to 10.3 (No Fix-No Fee Policy), clause 10.7 (VAT), clause 10.9 (Late Payment), clause 11 (Warranty), clause 12 (Parts), clause 13 (Limitation of Liability), clause 14 (Events beyond our control), and clause 16 (other important terms) shall apply in like terms to the Onsite Repairs and the contract between you and the us or our subcontractors.
5.    Except where specified we use Non- Original Manufacturer Components for our repairs; usually they are OEM or AAA quality off-market components. 
6.    Our Engineers are trained / tested by Mobile Repairs Pro and not by the original manufacturer.

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5.    CHANGES TO ORDER OR TERMS
1.    Mobile Repairs Pro amends these terms from time to time. Please look at the top of this page to see when these terms were last updated and which terms were changed. 
2.    The only binding terms and conditions are the latest version used at the time of your order.

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6.    REPAIR CONDITIONS
1.    By placing an order, you:
a.    Authorise and consent to Mobile Repair Pro to perform the repair services on your device(s);
b.    Acknowledge that whilst Mobile Repairs Pro Engineers are trained repair specialists, Mobile Repairs Pro is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer;
c.    Agree to release, indemnify, and hold Mobile Repairs Pro and it’s Engineers from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by Mobile Repairs Pro’s negligence;
d.    Agree that where the Repair Services relate (in any way) to liquid damage on your device(s), the warranty in clause 11 does not apply to any liquid damaged device(s);
e.    Agree to back up your data prior to a repairs and that any data or information that you may have stored on your device(s) shall remain your sole responsibility and Mobile Repairs Pro accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused;
f.    Agree that you are responsible for removing any SIM and/or memory cards on your device(s) and mobile Repairs Pro shall not in any event be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure;
g.    Acknowledge that any repair services rendered by Mobile Repairs Pro may void manufacturer warranties for your device(s), and that Mobile Repairs Pro does not assume any liability or warranty if the manufacturer warranties are voided. If you do not wish to void your warranty, you should not place an order with Mobile Repairs Pro and take your device(s) to the relevant manufacturer;
h.    Agree that Mobile Repairs Pro will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which Mobile Repairs Pro will advise you of before proceeding;
i.    Where the repair services involve the repair of water proof devices, Mobile Repairs Pro cannot guarantee the device(s) will remain water proof following completion of the repair services.

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7.    TIMING, POSTING YOUR DEVICE(S) AND RETURN OF YOUR DEVICE(S)

Timing

1.    Mobile Repairs Pro aims to perform the repair services within the timeframe specified to you. In the unlikely event there are Events Outside Our Control, such as waiting for new spare parts to be ordered and arrive with Mobile Repairs Pro, Mobile Repairs Pro will not be liable for any compensation as a result of late delivery of the repair services.

Delivery to you of your device(s)

2.    You must check your devices immediately upon receipt. If your device(s) is/are delivered damaged, unrepaired or with further faults you must inform Mobile Repairs Pro in writing within 24 hours of receipt. Should you not inform Mobile Repairs Pro within 24 Hours of receipt, Mobile Repairs Pro shall have no liability if your device(s) is/are damaged/faulty on arrival. This does not affect your statutory rights, or any other rights under these terms.
a.    All devices are returned by tracked next day courier but this excludes Saturday and Sunday delivery.

Sending your device(s) to Mobile Repairs Pro

3.    Please ensure you have conducted the following prior to sending us your device:
a.    Remove all sim and memory cards from your device(s)
b.    The careful shipping of your device(s) to us is your responsibility. We will deal with the device in the state it arrives in and we bear no responsibility for any damage, theft or loss of the device whilst being sent to us. We strongly recommend you seal it carefully and send it with a reputable courier.

8.    LIQUID DAMAGE REPAIRS
1.    Where any part of the repair services includes liquid damage repairs it is agreed that:
a.    Whilst Mobile Repairs Pro will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, Mobile Repairs Pro shall have no liability for failing to repaid any liquid damaged device;
b.    The warranty in clause 11 shall not apply to any liquid damaged device; and
c.    Mobile Repairs Pro’s no fix-no fee policy (clause 10) shall not apply.

9.    DIAGNOSTIC SERVICES
1.    Where any part of the Repair Services includes Mobile Repairs Pro’s diagnostic services it is agreed that:
a.    The charges for the diagnostic services are payable regardless of the outcome and accordingly, our No-Fix No-fee Policy (clause 12) shall not apply;
b.    Where Mobile Repairs Pro’s diagnoses the fault with your device(s), Mobile Repairs Pro will advise you of the cost to repair your device(s). If you wish to proceed with the repair of such device(s), a new contract will come into existence between you and us, the diagnostics fee will be deducted from the total repair cost.
c.    Should Mobile Repairs Pro consider the device(s) is/are not repairable, the fee for the diagnostic service remains payable

10.    NO-FIX NO-FEE POLICY, AND PRICE AND PAYMENT
No-Fix No-Fee Policy
1.    Mobile Repairs Pro cannot guarantee that your device will be repairable and thus does not carry any liability if the device is rendered irreparable by us. However, for your peace of mind, Mobile Repairs Pro operates a “No-Fix No-Fee” policy, this means if we are unable to fix your device, Subject to clause 10.2, 
2.    Mobile Repairs Pro’s “No-Fix No-Fee” policy does not apply:
a.    For On Site Repairs, Where Mobile Repairs Pro is miss informed deliberately or accidently about the nature of the repair, the client is liable to pay the full call out fee;
b.    Repair Services that include Mobile Repairs Pro’s diagnostic services; 
c.    Where the Repair Services include liquid damage repairs; 
d.    to any element of the Repair Services which have been completed. For example, if a device requires both a screen repair (completed successfully) and a new volume button (not completed), the client is liable for the completed repair.
e.    If a device cannot be tested prior to the repair, e.g. customer is unavailable to  unlock the device, there is no power to the device, damage to the screen is such that the device can-not be tested; or any other reason that would mean our engineers can-not easily test the device, you may be required to pay for the repairs of such devices up front. If the device is not repairable you would be refunded.
3.    For mail in repairs, where our “No-Fix No-Fee” policy applies, Mobile Repairs Pro shall refund any sum previously paid by you to  Mobile Repairs Pro (less, the postage costs of returning the device(s) to you), subject to the above mentioned points in this clause.

Price and Payment

4.    The price quoted to you for the repair services in respect of each device is an indicative non-binding quote by Mobile Repairs Pro and based upon information provided by you to us, and will be subject to diagnostics and for each device and may lead to alterations depending on the required repairs. However, you will be informed of any alterations to the fee prior to commencing the repairs and Mobile Repairs Pro will give you the right to opt out of the repair subject to mailing costs of returning the device to you. We will not start such repairs until you give us written confirmation of your decision.
5.    Where you do not have a credit account with Mobile Repairs Pro with sufficient credit, Mobile Repairs Pro will ask you to make an advance payment of 100% of the price of the relevant services. Your rights to a refund or cancellation are set out in clause 15 and you must pay each invoice in cleared funds using any method specified on our site.
6.    Where you have a credit account with Mobile Repairs Pro with sufficient credit available, you must pay each invoice rendered by Mobile Repairs Pro within 7 days of the date of the invoice in cleared funds without any reduction, deduction or set-off.
7.    If you are a consumer, all of Mobile Repairs Pro’s prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services.
8.    If you do not make any payment due to Mobile Repairs Pro by the due date for payment, Mobile Repairs Pro may:
a.    Charge Penalty Fee to you on the overdue amount at the rate of 11% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Mobile Repairs Pro’s interest together with any overdue amount; and/or
b.    Retain your device(s) and charge an additional fee (being the charges set out on our site) for storage of your device(s) until all payments due have been paid in full. 

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11.    MOBILE REPAIRS PRO WARRANTY 

Screen Warranty
1.    Except for the conditions set-out in Clause 11, Mobile Repairs Pro offers a lifetime warranty on all it’s Original Screen repairs only subject to other points mentioned in the relevant Clauses in this contract. This Warranty does not include:-
a.    Any form of liquid damage to devices, prior or post repair;
b.    Any physical damage to screen/LCD even if it is small;
c.    Screen Mirroring, Dead pixels, or single or multiple lines across the screen;
d.    If the device has been opened by any other individual;
e.    Errors as a result of software updates;
2.    Except as provided by this Clause, Clauses 11 and 13 or any other clauses that could be relevant, all other repairs Mobile Repairs Pro’s Repair Services are backed by a 12-month parts and labour warranty. This warranty does not apply to diagnostic services or liquid damage repairs.
3.    No warranty is given to accessories such as screen protectors, phone covers, chargers or charging cables etc.

Scope of Warranty
4.    Please note that that the warranty in clause 11.1 is limited to:
a.    Screen/LCD and any other repaired or replaced parts that malfunction, or do not work as intended or designed; and/or
b.    The parts and/or services that were paid for by you to Mobile Repairs Pro. If only parts were purchased, this warranty is limited to the replacement of the parts in accordance with clause 12. If parts and repair services were purchased from Mobile Repairs Pro, the warranty extends to cover the labour cost of part replacement and any other repairs specifically resulting from the initial repair, except in the situations outlined in other parts of this contract.
c.    The Warranty is for 12 months from the date of the original repair only. For example, if subsequent repairs are completed on the device 2 months after the original repair then the warranty on the original repair would only have months remaining.

Not included in our warranty

5.    The warranty in clause 11.1 does not protect against any of the following relating any relevant device which is the subject of the Repair Services:
a.    Any mishandling that causes subsequent damage to the relevant device(s);
b.    Water or other liquid damage;
c.    Damage or faults resulting from attempted customer or third-party repairs at any time;
d.    Software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;
e.    Any jail broken or “rooted” device;
f.    Waterproofing of devices as this is usually compromised post repairs.
g.    Physical damage to the component changed in the original repair or to the wires or their connectors.
h.    New damages unrelated to the original Repair Services; and/or
i.    Screen mirroring, dead pixels or Screen Freezing
j.    Mother board related IC Chip damage that appears post our repairs
k.    Damage to the screen following updated by operating system.
l.    Any loss of data occurring as a result of the repair – We strongly advise all our customers to back up all data on the device(s) to be repaired prior to the repair. Mobile Repairs Pro does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair and you must take full responsibility for this. 
6.    The warranty in clause 11.1 does not cover the outcome of the Repair Services if certain pre-repair conditions exist in relation to the relevant device the subject of the Repair Services, including:
a.    Existence of known manufacturing and/or performance issues related to the device(s) which is separate from the Repair Services, as noted prior to the Repair Services;
b.    Water or other liquid damage;
c.    Any jail broken or “rooted” device(s);
d.    Pre-existing damage or faults resulting from attempted customer or third-party repairs at any time;
e.    Devices that cannot be tested prior to the repair, e.g. customer is unavailable to  unlock the device, there is no power to the device, damage to the screen is such that the device can-not be tested; or any other reason that would mean our engineers can-not easily test the device. You may be required to pay for the repairs of such devices up front. If the device is not repairable there would be refund.

Non-Transferable warranty
7.    The warranty in clause 11.1 is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices is sold or given to another person.

Damage caused by Mobile Repairs Pro
8.    in the unlikely event a device is irreparably damaged as a direct result of a repair attempted by our Mobile Repairs Pro engineers and payment has been rendered by you, you are entitled to a fully functional refurbished device of equal or greater value of the damaged device based on its model and condition as received and with the original repair issue resolved, or the monetary equivalent of fair market value of the device in that condition as determined by Mobile Repairs Pro only within a period of 60 days. If payment was not rendered for the Repair Services, the repair price shall be deducted from the value of the relevant device, or a refurbished device of the same damaged condition as received shall be offered. In order to receive a replacement device, the relevant damaged device must be rendered to Mobile Repairs Pro. 
9.    For permanent damage you must inform Mobile Repairs Pro within 48 hours of the repair. Should you fail to do this, Mobile Repairs Pro will assume that the only reasonable conclusion is that the damage occurred post the repair.
10.    In the unlikely event that there is any defect with the Repair Services which is covered by the warranty in clause 11.1:
a.    You must inform us of this as soon as possible
b.    Mobile Repairs Pro will not be liable to any motherboard related repairs.
c.    We aim to respond to the warranty request within 7 working day.
d.    You will not have to pay for Mobile Repairs Pro to repair or fix a defect with the Repair Services under this clause 11.7.
11.    If you are a consumer, you have legal rights in relation to repair services not carried out with reasonable skill and care, or if the materials Mobile Repairs Pro uses are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

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12.    PARTS WARRANTY
1.    As part of the repair, Mobile Repairs Pro may provide you with replacement parts ("Parts") and accessories ("Accessories") supplied by third parties.
2.    Except for Original Screens, Mobile Repairs Pro warranty commences from the repair date, and for a period of 12 months thereafter ("Warranty Period"), each Part provided to you as part of the Repair Services will be materially free of manufacturing defects. Mobile Repairs Pro’s sole obligation, and your sole remedy, under this warranty is limited to, at Mobile Repairs Pro’s sole discretion, either repair or replacement of the defective Part. This warranty is non-transferable.
3.    Accessories such as screen protectors, screen covers, chargers and charging cables are not covered by any warranty.
4.    Mobile Repairs Pro’s obligations under the warranty in clause 12.1 is conditional on your prompt notification of any warranty claim and complying any warranty procedures provided to you.
5.    The warranty under clause 12.1 specifically excludes:
a.    Any Part or Accessory that was altered, repaired, or modified by a party other than Mobile Repairs Pro or without our prior written consent;
b.     Any defects, damage or errors that (1) occurred after shipping by Mobile Repairs Pro, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality;
c.    Warranty claims by any individual other than you, or warranty claims after the Warranty Period; and
d.    Any warranty claim for which Mobile Repairs Pro determines that there is no defect in the returned Part.

13.    MOBILE REPAIRS PRO’S LIABILITY TO YOU
1.    To the extent permitted by law, Mobile Repairs Pro shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss or corruption of data; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods, services or technology.
2.    You agree that if any device is lost or damaged further than the condition it was released to Mobile Repairs Pro in, then our liability to you will be limited to the cost of repair or replacement of the relevant device in its condition at the time of transfer to Mobile Repairs Pro based on current fair market value. Mobile Repairs Pro’s liability for damages from any cause when it comes to repairing the relevant device is limited to the cost of the Repair Services or a comparable replacement device only.
3.    To the extent permitted by law, Mobile Repairs Pro’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per device.
4.    Nothing in this clause 13 shall apply so as to limit or exclude Mobile Repairs Pro’s liability for: (a) death or personal injury resulting from Mobile Repairs Pro’s negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
5.    Mobile Repairs Pro shall not be liable for any non-warranty related claim arising under this contract unless you give Mobile Repairs Pro written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.

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14.    EVENTS OUTSIDE OUR CONTROL
1.    Mobile Repairs Pro will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outside Our Control.
2.    If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
a.    Mobile Repairs Pro will contact you as soon as reasonably possible to notify you; and
b.    Mobile Repairs Pro’s obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Repair Services to you, Mobile Repairs Pro will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.

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15.    YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
1.    You have the right to cancel our services prior to commencement (including due to Event Outside Our Control or if we change these terms to your material disadvantage subject  to the following:
a.    For mail in repairs, you may cancel your order at any time prior to the commencement of the repair, you will be entitled to you money back minus the cost of postage.
b.    For onsite repairs, you will be charged the call out fee only if the engineer has left (1 hour prior to the appointment) 
c.    You cannot cancel any repair once it has started.

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16.    OTHER IMPORTANT TERMS
1.    Should your repair be conducted by a 3rd party on behalf of Mobile Repairs Pro, then Mobile Repairs Pro’s rights become transferrable to them. This may occur without prior notification.
2.    This contract is between you and Mobile Repairs Pro.  You may only transfer your rights or your obligations under these terms to another person if Mobile Repairs Pro agrees in writing. No other person has the right to enforce this contract.
3.    Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4.    If Mobile Repairs Pro fails to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if Mobile Repairs Pro delays in doing so, that does not mean that Mobile Repairs Pro has waived it’s rights against you and will not mean that you do not have to comply with those obligations. Mobile Repairs Pro’s decision to waiver it’s rights against you will only be conducted in writing Mend will only do so in writing, and that will not mean that Mobile Repairs Pro will automatically waive any later default by you.
5.    If you are not a consumer:
a.    These terms and any document expressly referred to in them constitutes the entire agreement between you and Mobile Repairs Pro and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
b.    You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them; and
c.    You and Mobile Repairs Pro agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
6.    These terms are governed by English law. You and Mobile Repairs Pro both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
7.    Any devices that are not collected from us after 6 months will be disposed of.