The Parties agree hereby that these conditions (hereinafter referred to as the “GW Terms and Conditions”) constitute the entire warranty and remedies (hereinafter referred to as the “Warranty”) granted to the final consumer (hereinafter referred to as the “Client”) by KONROW, located at 27 Boulevard d’Arras, 13004 Marseille (France), hereinafter referred to as “KONROW” as importer regarding the products (hereinafter referred to as the “Products”). The Client fully acknowledges and agrees to these Warranty Terms and Conditions contacting KONROW to seek KONROW to care the defective Product. The registration (upon the Client’s request) of an after-sales service contract (hereinafter referred to as “After-sales service”) by KONROW and its “Certified Repair Center” shall be considered as the full and definitive acceptance of this contractual Warranty offered by KONROW and shall constitute an after-sales service contract (hereinafter referred to as “the Contract”) between the Client and KONROW.
This contract is concluded during the entire period of care of the defective Product by the Certified Repair Center and ends automatically when the Product is sent back to the Client by the Certified Repair Center. The conditions of care hereinafter detailed are only applied when the Client directly returns the defective Product to KONROW so that its Certified Repair Center cares the defective Product.
The only valid warranties are those mentioned hereby, others are expressly excluded, especially warranties regarding the commercial value of the Product. This shall not preclude the application of the legal warranties relating to the compliance and to the latent defects mentioned from Art. L211-4 to Art. L211-13 of the French Consumer Code and from the Art. 1641 to 1648 of the French Civil Code, to which the Client may avail him/her of.
Subject to the Art. L211-15 of the French Consumer Code, Articles specified hereby are partially mentioned at the end of this document. Furthermore, any specific warranty offered by the retailer and the distributor the Client bought the Product to is under the sole and exclusive responsibility of this retailer or distributor and KONROW shall not be required to apply it.
1. Warranty period
KONROW warrants its phones against any conformity material defect or manufacturing defect during twenty-four (24) months from the sale of the Product to the Client and during six (6) months from the sale of the battery and accessories to the Client, hereinafter referred to as the “Warranty period”.
2. Warranty claim
The Warranty does not apply to the cases mentioned hereinafter:
I. Normal wear and tear (especially those of camera lens, batteries and screens) needing repairs and periodical replacements.
II. Defects due to mishandling or bad treatment of the Product (wrong move, fall, impact…).
III. Les défauts et dommages dus à une utilisation abusive du Produit, notamment une utilisation contraire aux instructions d’utilisation et d’entretien fournies par KONROW (que vous trouverez dans le manuel d’utilisation de votre Produit ou sur le site www.konrow.com).
IV. Modifications or repairs done by parties non-certified by KONROW.
V. Short-circuited battery, damaged cell, forced opening traces.
VI. Defects linked to the use or connection of the Product to a supply or software non-approved by KONROW. Some defects are caused by viruses due to unauthorized access by the Client or a third party to services, IT systems, other accounts or networks. This unauthorized access is due to hacking, password misuse or various means.
VII. Using differently the Product from what it is designed for.
VIII. Using or connecting a non-compliant or damaged accessory.
IX. Exposing the Product to moisture, extreme temperature variations, corrosion, oxidation, on contact or in attendance of food, liquids, chemical products and in general any substance affecting the quality of the Product.
X. Broken Product or damaged phone case, visible impact.
XI. Accidents, natural disasters or any other cause out of control of KONROW as (but not limited to): water, lightning, fire, overvoltage…
XII. Software update due to changes in network settings.
XIII. Damage of the battery due to an excessive charge and/or the non-respect of recommendations and use and security instructions as those mentioned in the Product’s instructions.
XIV. Product failure due to bad installation or use of the Product (use non-compliant to the defined Product use or to technical/security standards applied in the country where it is used…).
XV. Maintenance of the Product non-compliant to KONROW’s instructions or negligence in the maintenance of the Product.
XVI. Opening, modification or repair by a center non-certified by KONROW with spare parts non-approved by KONROW.
XVII. Modification, change, deterioration, illegible IMEI number, serial number or EAN of the Product.
XVIII. Any failure of in-product services and apps the functioning of which falls exclusively with the competence of the developers.
In the cases hereby mentioned, KONROW and/or the Certified Repair Center may – at their discretion – offer the Client an estimate.
The Warranty does not apply also to the failure of in-product services and apps the functioning of which falls exclusively with the competence of the developers. Furthermore, an independent third-party operator supplies SIM card and network or (cellular or other) system on which the Product is working.
KONROW accepts no liability in respect of network’s or (cellular or other) system’s functioning, availability, coverage, services or capacity and does not care this type of failure in the framework of this Warranty.
3. Defective Products’ return and repair
a. Return policy
Any Product proved to be defective during the Warranty period is reported to KONROW by means of its Support team accessible on the website www.konrow.com. No return is done if KONROW does not provide its agreement of return for the Product beforehand. Following this demand, KONROW may to authorize the return of the defective Product. However, this return agreement is not valid for definitive validation in care the Product in the framework of the Warranty of this defective Product.
If the return is permitted, a file number is sent by email. The Product is returned by the Client at its own expense and by the chosen carrier to the Certified Repair Center designated by KONROW, with (i) an original proof of purchase of the Product provided by the retailer or distributor to the Client indicating the following elements: seller’s name and address, date and place of purchase, type of product, serial and IMEI number and (ii) a precise description of the noticed defect. Upon receipt of the defective Product, KONROW’s Certified Repair Center analyzes the failure such as transmitted proofs and validates the possible care in the framework of the Warranty.
Any Product sent without prior return agreement is not cared by the Certified Repair Center and is made available to the Client so he/she recovers the Product at his/her own expense.
The Client is the sole and unique responsible of the prior saving of the data contained in the Product as these could be lost during the repair process or in case of product exchange. Thereafter the repair or exchange of the Product, KONROW shall not be held liable for any damage or loss of content.
The Client may – if decided – bring the defective Product directly in a Certified Reparation Center (list available on www.konrow.com) without prior request.
b. Transport and risks
In any case, the Client shall himself bear all the risks linked to the transport of the Product as follows:
- When sending the defective Product to be cared by the Certified Repair Center, the Client shall be responsible for the mean of sending (postal services or private carrier) and shall assume sole and full liability for the risks;
- When sending the repaired or exchanged Product by the Certified Repair Center, the Product is given to the postal services and packed with extreme care to be protected; KONROW and the Certified Repair Center do not accept any responsibility in case of loss, theft or damage caused to the Product during transport.
In case of lost or damaged package containing the Product, engaged postal or transport services may be held responsible by the Client but KONROW and the Certified Repair Center shall not be held responsible directly or indirectly by the Client.
c. Defect recognition
Any defect shall be recognized and confirmed as a last resort by the Certified Repair Center and by KONROW. The Client shall not be able – in no circumstances – to make any test on the Product to confirm the reality of any alleged defect and these tests shall not be carried out through a third party apart from the Certified Repair Center.
d. Repair time
The defective Products are cared by the Certified Repair Center within the following deadlines:
I. For defective Products under warranty: the Certified Repair Center repairs the Product within a maximum of fifteen (15) calendar days upon receipt of the Product in its premises (except logistic delays);
II. For defective Products out of warranty: the Certified Repair Center suggests an estimate within seven (7) days from receipt of the Product in its premises and repairs the Product within a maximum of fifteen (15) calendar days from the acceptance of estimate by the Client (except logistic delays);
Defective Products which is not repaired within twenty-one (21) days from receipt by the Certified Repair Center is exchanged automatically by the Certified Repair Center, subject to stock availability.
In order to make repairs, the Certified Repair Center may use new or reconditioned parts or entire products or products similar to new products. Thereafter, all pieces of the Product and any other replaced equipment become KONROW’s property.
e. Repairs warranty
Repairing or replacing a Product does not extend the initial Warranty Period of the Product under any circumstance. However, repaired or replaced pieces are warranted under the same conditions and for the same defect, for a one-month (1) period after delivery of the repaired Product, even if the initial Warranty Period has expired.