TERMS AND CONDITIONS
Last updated 19 March 2019
As an independent social enterprise, we use high-quality compatible parts and are unable to use those of the Device manufacturer.
Use of our repair service is likely to void your manufacturer’s warranty.
We do not take responsibility for any progression in damage for Devices that have been damaged by liquid.
We do not offer warranty on liquid-damaged devices.
We do not offer warranty for accidental (or deliberate) damage post-repair.
We do not take responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair at Cracked It.
If your device is repaired by a third party after our service, your warranty with Cracked It will be voided.
We accept no liability for loss or corruption of data.
Following repair, waterproofing or water-resistance cannot be guaranteed.
1. Agreement for repair
1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service (“Service”) we provide to repair your smartphone, tablet, computer and/or any accessories (“Device”).
1.2 Reference to “us”, “we”, “our” and “Cracked It” refer to Cracked It Repairs Limited and references to “you” and “your” are references to you (“Customer”), the person addressed on this form.
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you sign the service check-in form and shall continue until we have repaired or otherwise returned your Device, whichever is sooner, and received any payment due from you.
2.2 We shall make reasonable efforts to repair your Device subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Service using our utmost care and skill.
2.3 We shall use high-quality compatible parts for the repairs of all Devices.
2.4 We shall require the passcode of your Device in order to test the Device before, during and after the Service. Testing is optional. Should you prefer to keep this information private, we can still proceed with an appointment, but will not be able to perform a full functionality check on the Device until you return to the clinic, which can delay the provision of the Service, if any adjustments need to be made.
If we are unable to test your device before the Service because the battery is flat, the battery is missing, the battery is defective, the touch screen is unresponsive, the LCD is damaged, or for any other reason, we do not accept responsibility for any issues other possible problems that may transpire in your Device during or after the Service has been performed.
2.5 Any time estimate for completion of the service, which may be given to you, is an estimate only and does not form any obligation under the terms of this Agreement. We will aim to return your Device as soon as reasonably possible, however, any complex repairs (e.g. board-level Device repairs) may take at least five working days to be completed.
2.6 We will endeavour to notify you when the Device has been repaired and is available for collection from our clinic. If the Device has not been collected by the end of the day’s repair session, it will be transferred to our headquarters for storage. Any delivery from our headquarters will be chargeable. If necessary, we shall send a reminder. The Device will be recycled if not collected by day 28.
2.7 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you beyond that initially estimated by us, we will notify you as soon as possible via telephone and/or email. If no fault is found on your Device or you do not accept our revised estimate, we will return your Device to you unrepaired and we reserve the right to charge you an inspection fee in accordance with our standard charges.
2.8 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
2.9 We shall be entitled to keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.
2.10 Use of our service may void your manufacturer’s warranty. If you would like to avoid this, please take your Device directly to its manufacturer.
2.11 Cracked It may install warranty seals following the repair. Any tampering of the seals will void the Cracked It warranty.
2.12 Our products and repairs are covered by the warranty terms outlined in the table below:
Screen and component replacement - 3 month Warranty
Battery replacement - 3 month Warranty
Liquid Damage - No Warranty
Smartphone Logic Board Repair (Level 3) - 1 month Warranty
2.13 The Warranty is linked to a specific device as identified by its unique IMEI or serial number and to a specific Customer as identified by the records on our system. It will cover the Customer for any re-occurrence of the original fault and for the part replaced/repaired only. However, if additional faults arise, they will not be covered under the terms of this Warranty. Furthermore, the Warranty will not cover accidental (or deliberate) damage, liquid damage, nor will the cover extend should the device change ownership.
2.14 We do not accept responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair at Cracked It or any issues found in your Device that were not evident upon initial inspection. Should any issues become evident, once the Device is opened and/or inspected, we will contact you via telephone or email.
2.15 We do not accept responsibility for any progression in damage for Devices that have been damaged by liquid. Opening the Device could set off further damage, which in some cases may be very serious and irreparable.
2.16 We ask our Customers to monitor their Device post liquid damage repair, as unknown issues can arise soon after treatment for liquid damage, which are beyond our control.
2.17 Should your Device display any further issues relating to the liquid damage during the Warranty period, we will re-assess and re-quote for the work needed.
2.18 Following repair, any waterproofing or resistance cannot be guaranteed.
3.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our exclusive option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying you any amount that you have paid in respect of the Services.
3.2 If your Device is damaged beyond economical repair as a direct result of a service or repair undertaken by Cracked It, you are entitled to a fully functional refurbished device, based on your Device’s model and condition as received and with the original repair issue resolved. In order to receive a replacement device, full payment must have been received for the repair service and the relevant damaged Device must be surrendered to Cracked It.
3.3 Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corruption of such data, however, it may have been caused. We therefore highly recommend that you back up your Device onto an external drive prior to commissioning our Service. It is your responsibility to keep a record of any such data.
3.4 Nothing in this clause 3 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
3.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated saving, goodwill or any other indirect or consequential loss or damage of whatsoever nature howsoever arising.
3.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three months of becoming aware of the circumstances giving rise to the claim or, if earlier, three months from the time you ought reasonably to have become aware of such circumstances.
4. Data Protection
4.1 We ask for your name, email address and other details so that we can attempt to notify you when your Device has been repaired and provide you with an efficient after-sales service. We may also send you text messages and/or emails from time to time to alert you to new services and promotions. By signing these Terms & Conditions and using these Services you consent to our use of your personal information as described.
5.1 We shall not be liable to you for any delay in our failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
5.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
5.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter.
5.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
5.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of the Agreement so that it is effective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
5.6 Nothing in this Agreement shall confer on any third party and benefits under the provisions of the Contracts (Rights of Thirds Parties) Act 1999.
5.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
Last updated 4 September 2018
Cracked It C.I.C. and Cracked It Repairs Limited (‘we’, ‘us’) is committed to protecting your privacy. This privacy notice describes how we collects and processes personal information about you, how we use and protect this information, and your rights in relation to this information. Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified.
1. Personal information we use
We will collect personal information about you from a variety of sources, including information we collect from you directly (e.g. when you contact us), described below:
1.1. Information we collect directly from you
The categories of information that we may collect directly from you are:
personal details: full name, workplace
contact details: including phone number, email address.
1.2. Special categories of personal data
Some of the categories of information that we collect are special categories of personal data (also known as sensitive personal information). In particular, if you give us photos or videos of you, these photos or videos may reveal personal information in your outward appearance, such as your race.
2. How we use your personal information and the basis on which we use it
We use your personal information to:
provide and personalise our services; for example we may look at the feedback you have sent us regarding your interaction with us to improve our service.
personalise the marketing messages we send you to make them more relevant and interesting; for example, we may use information on your past repairs to send you specific device maintenance tips.
contact you with marketing and offers relating to products and services offered by us (unless you have opted out of marketing, or we are otherwise prevented by law from doing so); for example, we will use information about your device model to send you relevant promotions for complimentary goods and/or services
comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies
deal with your enquiries and requests
allow repairers and other Cracked It staff to contact you and deliver our service; for example, when you book a session we will send your contact information to your allocated technician so that they can contact you and deliver their service to you.
We must have a legal basis to process your personal information. In most cases the legal basis will be one of the following:
to fulfil our contractual obligations to you, for example to provide the services and to ensure that invoices are paid correctly. Failure to provide this information may prevent or delay the fulfilment of these contractual obligations
to meet our legitimate interests, for example to understand how you use our services and to enable us to derive knowledge from that enable us to develop new services. When we process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
We may obtain your consent to collect and use certain types of personal information when we are required to do so by law (for example, in relation to our direct marketing activities, Cookies and Tracking Technologies or when we process sensitive personal information). If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this privacy notice.
3. Your rights over your personal information
You have certain rights regarding your personal information, subject to local law. These include the following rights to:
access your personal information
rectify the information we hold about you
erase your personal information
restrict our use of your personal information
object to our use of your personal information
receive your personal information in a usable electronic format and transmit it to a third party (right to data portability)
lodge a complaint with your local data protection authority.
If you would like to discuss or exercise such rights, please contact us at the details below.
We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.
We will contact you if we need additional information from you in order to honour your requests.
4. Information Sharing
We may share your personal information with third parties under the following circumstances:
Service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us. For example, we may partner with other companies to process secure payments (Paypal, Stripe, iZettle), fulfil orders (Google Drive, DropBox), optimise our service, send newsletters and marketing emails (MailChimp), support email and messaging services (Zendesk) and analyse information (Hotjar, Google Analytics, Salesforce).
Law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
Asset purchasers. We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy notice.
5. Information Security and Storage
We implement technical and organisational measures to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the on-going integrity and confidentiality of personal information. We evaluate these measures on a regular basis to ensure the security of the processing.
We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
Maintain business records for analysis and/or audit purposes
Comply with record retention requirements under the law
Defend or bring any existing or potential legal claims
Deal with any complaints regarding the services
We will review all data stored every 18 months and delete your personal information if it is no longer required for any purpose. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.
6. International Data Transfer
Your personal information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.
7. Contact Us
We are the controller responsible for the personal information we collect and process.
If you have questions or concerns regarding the way in which your personal information has been used, please contact email@example.com
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority of the United Kingdom of Great Britain and Northern Ireland using their website ico.org.uk.
8. Changes to the Policy
You may request a copy of this privacy notice from us using the contact details set out above. We may modify or update this privacy notice from time to time.
If we change this privacy notice, we will notify you of the changes through a notice on our website or by email. Where changes to this privacy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).
September 9, 2018