Terms and conditions
Last updated: 18 September 2019
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Smart Genie (“Smart Genie”, “us”, “we”, or “our”) concerning the services we provide to repair your mobile telephone and/or tablet and/or any accessories (the “Services”).
These Terms will apply to the delivery of the Services requested by you. Please read these Terms carefully and make sure that you understand them, before ordering any Service from us. Please note that before placing an order you will be asked to agree to these Terms. By agreeing to these Terms, you agree to have read, understood, and agree to be bound by all of the Terms. If you refuse to accept these Terms, you will not be able to order any Service from us.
You can review the most current version of the Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates and/or changes to our website. Please look at the top of this page to see when these Terms were last updated. Every time you order Services from Smart Genie, the Terms in force at the time of your order will be applicable.
2.1 Smart Genie offers Services to individual consumers and businesses. If you are a consumer, you are not allowed to acquire the Service if you are under 18 years old.
2.2 If you represent a business, you hereby confirm that you have authority to bind the business on whose behalf you wish to acquire the Service. You also hereby agree that these Terms apply to your purchase of the Service, to the exclusion of any other terms that you may seek to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing.
3. Ordering and conditions for repair
3.1 By placing an order, you confirm that you wish to:
(a) authorise and consent to Smart Genie performing Service(s) on your device(s);
(b) agree that it is your sole responsibility to retain any data or information that you may have stored on your device(s) and that Smart Genie accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused, and that you are fully aware of our recommendation to back up your device prior to allowing us to work on it;
(c) agree that it is your sole responsibility to inform Smart Genie accurately and completely with regard to the model of your device, its condition, and the problem for which you seek reparation, as well as whether any modifications or repairs have previously been attempted or completed on your device. Smart Genie will perform a check-in diagnosis of your device to evaluate its condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which we will advise you of before proceeding;
(d) agree that you are responsible for removing any SIM and/or memory cards from your device(s) and Smart Genie shall not in any event be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure;
(e) acknowledge that Smart Genie is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer;
(f) acknowledge that any Services rendered by Smart Genie may void manufacturer warranties for your device(s), and that Smart Genie does not assume any liability or warranty if the manufacturer warranties are voided. You are fully aware of the fact that if you do not wish to void your warranty, you should take your device to the relevant manufacturer and not place on order with Smart Genie;
(g) agree that where the Services relate (in any way) to liquid damage on your device(s), the warranties of clause 10 does not apply;
(h) where the Services involve the repair of waterproof devices, we do not guarantee the device will remain waterproof after completion of the Services; and
(i) agree to release, indemnify, and hold Smart Genie and its technicians 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 negligence from the side of Smart Genie.
3.2 You can choose to submit an order via our website or via telephone, email or in person, in which case the (telephone) conversion or email constitutes an offer by you to purchase the Service in accordance with these Terms. Any quotation given by us shall not constitute an offer from us to provide the Service for a certain price.
3.3 You may make a change to the order for Services at any time before the start date of the Services. If the change leads to a change in the price of the Services, we will notify you of the amended price. Under these circumstances, you can choose to cancel your order in accordance with clause 13.
3.4 Any device that is not collected from Smart Genie, will be disposed of after 6 months of the repair date.
3.5 Our gift cards are non-refundable and valid for 12 months from date of purchase. They can be used for Store and Postal Repairs. Gift cards are not valid for Call out repairs.
4.1 We aim to complete our Services within the timeframe that we specified. Whether this is possible is often dependent on external circumstances, for example when we need to wait for the arrival of spare parts from a third party. Therefore, any time estimate we give for completion of the Service is an estimate only and we will not be liable for any delivery of the Service thereafter.
5. Postal repairs
5.1 In case you purchased our Service Postal Repairs, the shipping of your device to us is your sole responsibility. In the event that the device is lost in transit, or the device arrive with (more) damage, Smart Genie shall bear no responsibility.
5.2 You are requested to remove all sim and memory cards before sending your device to us. If you included separate parts of the device this is solely at your own risk and we will not be held responsible in case such parts, go missing.
5.3 When we send the device back to you, you are responsible for examining the device upon receipt. In the event that your device is returned to you damaged, unrepaired or with further faults, you are required to inform us in writing within 2 days of receipt. In the event that you fail to do so, we shall bear no liability for your device being damaged/faulty upon arrival, save for any statutory rights you may have.
6. Price and Payment
6.1 The price quoted to you for our Services is an indicative non-binding quote issued by Smart Genie based upon the information that you provided. Accordingly, these indicative price quotes are subject to detailed verification of the device. Upon receipt of your device, whether in a Smart Genie store or via our Postal Repair Service, a Smart Genie Tech will assess your device. If there is any change to the indicative price quoted to you (for example, because the information you have provided about the defect/fault in your device(s) is incorrect and/or when Smart Genie identifies additional defects with your device(s) and/or Smart Genie has not correctly calculated the pricing), we will notify you of the difference in pricing so that you can choose whether or not you wish to proceed at the increased cost. If you do not wish to proceed, Smart Genie shall not perform the Service(s) and refund any sum previously paid by you minus a diagnostic charge for assessing the device as described in Clause 6.2 and any possible postal costs of returning the device to you. Under no circumstances shall Smart Genie have any additional liability towards you.
6.2 You shall incur a diagnostic charge for the assessment that Smart Genie performs on your device in order to determine the cause of the reported problem. The diagnostic charge remains due, also in the event that Smart Genie considers that your device is not repairable or in the event that Smart Genie was not able to fix the device, in accordance with Clause 8. After diagnosing the problem, we will notify you of the price of the repair, as described in Clause 6.1. If you wish for Smart Genie to perform the repair, we will deduct the diagnostic fee from the total price of the Service. The warranties as set out in Clause 10 do not apply to diagnostic services.
6.3 Payment needs to be done directly for the Services performed in a Smart Genie Store and for the Call out Service. The Postal Repair Service needs to be prepaid via a credit card as facilitated on our website. If you are a company and you have a credit account with sufficient credit, we will issue with an invoice, which you are required to pay in full within 7 days of the date of the invoice.
6.4 For consumers the quoted price for the Service includes VAT. For business, the prices quoted are exclusive of VAT, which will be payable for all Services.
6.5 In the event that payment has not been made by you before the due date, Smart Genie may charge interest to you on the overdue amount at the rate of 2.5% a year above the statutory rate. This interest shall accrue on a daily basis from the due date until the date of complete payment of the overdue amount, whether before or after judgment. In this case, we will retain your device(s) and also charge additional fees (as set out on our website) for the storage of your device(s) until complete payments has been made.
7. Call out Service
7.1 The Call out Service is a repair service at your location, for which we make use of a national network of Smart Genie approved repair technicians (Repair Tech’s”). Through a vigorous process of selection, we have selected these Repair Tech’s based on their skills to offer high-quality repair services.
7.2 When you acquire our Call out Service, we will seek for the right Repair Tech to offer the Call out Service to you. Smart Genie does not provide the Call out Service itself. The Repair Tech will be solely responsible for the services he provides, and you will be solely responsible for accepting or rejecting the service that the Repair Tech offers. Consequently, you may enter into an agreement with the Repair Tech. To this agreement Smart Genie is not a party. The provisions of clause 3.1 (Ordering and conditions for repair), clause 6.2 (Diagnostic Services), clause 6.4 (VAT), clause 6.5 (Late Payment), clauses 8 (No Fix No Fee), clause 9 (Liquid damage repairs), clause 10 (Warranties), clause 11 (Limitation of Liability), clause 12 (Events outside of our control), and clause 14 (miscellaneous) shall apply in like terms to the Call-Out Repair Services and this contract between you and the Repair Tech.
7.3 Smart Genie simply offers a method through which to connect you and the Repair Tech with each other. We do not offer to provide any repair services ourselves through this Service. Accordingly, Smart Genie has no liability or responsibility for any Call out Service voluntarily provided to you by any Repair Tech and/or any acts and/or omissions of the Repair Tech.
7.4 The price quoted to you for the Call out Service is an indicative non-binding quote issued by Smart Genie on behalf of the Repair Tech based upon the information that you provided. Accordingly, these indicative price quotes are subject to detailed verification of the device. The Repair Tech will assess your device on arrival. If there is any change to the indicative price quoted to you (for example, because the information you have provided about the defect/fault in your device(s) is incorrect and/or if the Repair Tech identifies additional defects with your device(s)), the Repair Tech will notify you of the difference in pricing so that you can choose whether or not you wish to proceed at the increased cost. If you do not wish to proceed, the Repair Tech shall not perform the Call out Service. You shall be liable to pay a call out fee for the Repair Tech travelling to your location, as stated on our website. Under no circumstances shall the Repair Tech or Smart Genie have any (additional) liability towards you.
7.5 If you are a consumer, payment for the Call out Service needs to be performed directly to the Repair Tech. If you are not a consumer, payment is either done directly to the Repair Tech or via the credit account of the company, in accordance with clause 6.3.
7.5 In the event that the service of a Repair Tech does not live up to your expectations, you may make a complaint about the Repair Tech with us at any time. We shall take your complaint seriously and investigate it.
8. No Fix No Fee
8.1 According to our “No Fix No Fee” policy, we will not charge you for a device that has not been repaired, subject to the conditions of clause 8.2.
8.2 The “no fix no fee” policy does not apply:
(a) when the Services include diagnostic services, as described in Article 6.2; and/or
(b) when the Services include liquid damage repairs, as described in Article 9; and/or
(c) for any part of the Services that has successfully been completed, in the event that you requested multiple Services.
8.3 Under the No Fix No Fee policy, any sum that was prepaid by you will be refunded, minus any diagnostic charges and possible postal costs for returning the device(s) to you.
8.3 Under no circumstances will Smart Genie be liable for not being able to repair the device(s).
9. Liquid damage repairs
9.1 In the event that you requested Services for liquid damage repairs or Smart Genie has assessed that the Service will consist of liquid damage repairs, Smart Genie does not offer any guarantee that the device can be repaired and therefore, the following holds:
(a) our No Fix No Fee policy as described in clause 8 does not apply;
(b) the warranty as set out in clause 10 does not apply; and
(c) Smart Genie shall not in any case be liable for any failure to repair a liquid damaged device.
10.1 Under the terms of this clause, Smart Genie offers a 12-month non-transferable parts and labour warranty for its Services. This warranty does not apply to diagnostic services or liquid damage repairs.
10.2 The warranty is limited to repairs and/or replacements of screens and other parts of the device that malfunctioned or did not work as intended.
10.3 The warranty only holds in the event that Services were fully paid for.
10.4 In the following circumstances, the warranty does not apply:
(a) any mishandling that caused subsequent damage to the device after the repair;
(b) any attempts by a customer or a third party to repair the device;
(c) any jail broken or “rooted” device;
(d) any 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 damage that is unrelated to the original Services that were performed;
(f) the existence of any known pre-repair manufacturing and/or performance issues related to the device, apart from the problem that was sought to be repaired;
(g) any loss of data occurring as a result of the repair; and/or
(h) any loss in the device being waterproof.
10.5 In case you acquired parts or accessories as part of the Service, Smart Genie warrants that the parts and/or accessories will be free of manufacturing defects for a period of 12 months. If you purchased parts or accessories only, the warranty is limited to the replacement of the parts or accessories. Under this warranty, we will either replace or repair the part of accessory, at our sole discretion. This warranty only holds if you have notified us of the defective part or accessory promptly after becoming aware of the defect. From this warranty is explicitly excluded:
(a) any part or accessory that was altered, repaired, or modified by a party other than Smart Genie;
(b) any defects, damage or errors that occurred after the shipping of the part or accessory;
(c) any defects, damage or errors that were the result of other than ordinary use of the part or accessory, including but not limited to improper testing, installation, storage, mishandling, abuse, misuse or accident;
(d) any defects, damage or errors that is the result of the use of the part or accessory in conjunction with another product that is of an inferior quality or incompatible with the part of accessory;
(e) any warranty claim of which Smart Genie determines that there is no defect.
10.6 In the event that subsequent work is carried out after the original work, the subsequent work does not extend the warranty for the original work.
10.7 In the event of any defect that is covered by the warranty as set out in this clause, we request you to immediately inform us of the defect after becoming aware of it. Smart Genie will to its utmost do repair the defect as soon as possible, without charging you any costs, in accordance with your legal rights.
10.8 In the event that your device is irreparably damaged as a direct result of our Service, the relevant damaged device is awarded to us and compete payment of the Service has been made, we will supply you with a fully functional refurbished device of equal or greater value to/than the original device, determined by us based on the model and condition of the damaged device, or the monetary equivalent of fair market value of that device, to be assessed and at the sole discretion of Smart Genie. In the event that complete payment has not been made, the repair price shall be deducted from the value of the relevant device.
11.1 Notwithstanding anything to the contrary in these Terms or otherwise, in no event shall Smart Genie and/or its affiliates, licensors, or suppliers be liable for any indirect, punitive, special, incidental or consequential, or any other damages of any kind, arising out of or in connection with these Terms, including, but not limited to, damages for loss of use, loss or corruption of data, loss of profits; loss of business; loss for any error or interruption of any use or loss or damage to property (however arising, including negligence) even if Smart Genie or any of such parties has been advised of the possibility of damages.
11.2 Smart Genie shall have no liability for any non-warranty related claim unless you have given Smart Genie written notice of this claim within three (3) months of becoming aware of the circumstances giving rise to it or three (3) months from the time you ought reasonably to have become aware of such circumstances, whichever is earlier.
11.3 Notwithstanding the above, Smart Genie’s liability for damages from any cause is limited to the total price of the Services or offering a comparable replacement device. In no event shall Smart Genie’s aggregate liability to you and/or any third party whether in contract, tort (including negligence), breach of statutory duty, or otherwise, exceed the amount of five hundred GBP (£ 500.00), whichever is less.
11.4 Nothing in this clause shall affect your statutory rights or 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.
12. Events outside of our control
12.1 We are not liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms caused by an event outside of our control.
12.2 If an event outside of our control takes place our obligations under these Terms will be suspended for the duration of the event outside of our control.
12.3 In the event that an event outside of our control takes place that affects the performance of our obligations under these Terms, we will notify you of this as soon as reasonably possible.
13. Cancellation and refund policy
13.1 You have the right to cancel an order at any time before Smart Genie begins to provide the Service, by informing us of your wish to cancel the order. Smart Genie will confirm to you in writing that your order has been cancelled.
13.2 If you have made any prepayment before cancelling your order, we will refund the paid amounts to you, minus any possible postal costs for returning the device to you.
13.2 Once the Services have commenced, you cannot cancel your order. As set out in Clause 6.2, diagnostic charges will apply if you decide not to proceed with the Service after we have performed diagnostic services.
13.4 You may cancel an order for Call out Service at any time before the Repair Tech starts travelling to your location. If your cancellation takes effect once the Repair Tech has commenced travelling to your location, you will have to pay the Repair Tech a non-refundable call out fee as stated on our website.
14.1 Smart Genie may assign its rights and obligations under these Terms to another organisation. Apart from cases in which we use a sub-contractor to perform Services, we will notify you if this happens. We will make sure this will not affect your rights under these Terms. You may not assign in whole or in part any of your rights hereunder without our prior written consent. No other person shall have any rights to enforce any of the Terms.
14.2 These Terms embody the entire agreement and understanding between the Parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. By entering into an agreement with Smart Genie, you acknowledge this and that you will not rely on any statement, representation, assurance or warranty that is not set out in these Terms. Parties agree that they shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms. Any modification of these Terms shall be effective only if agreed in writing and signed by both parties hereto and the intention to amend this Agreement is clearly expressed.
14.3 In case any of the provisions contained in these Terms shall, for any reason, be held invalid, illegal or unforceable in any respect, such invalidity, illegality or unforceability shall not affect any other provision of these Terms, but shall be construed by limiting such invalid, illegal or unforceable provision, or, if such is not possible, by deleting such invalid, illegal or unforceable provision from this Agreement.
14.4 The waiver of any right herein contained by either party, such as Smart Genie not enforcing its rights against you, shall not be construed as a waiver of the same right at a future date or as a waiver of any other right herein contained.
14.5 These Terms shall be governed by, construed and take effect in accordance with the laws of the United Kingdom.
14.6 It is agreed that the courts of the United Kingdom shall have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise out of or in connection with these Terms Agreement or the legal relationships established by these Terms.