Terms & Conditions

iSmash Service Consent

  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”) on the service check-in form.

1.2 Reference to “us”, “we” and “our” refer to iSmash and references to “you” and “your” are references to you (“Customer), the person addressed on this form.

  1. 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 original/or refurbished and the high quality compatible parts for the repairs of Apple Devices.

2.4 We shall require the passcode of your Device in order to test the Device before and after the Service. Should you prefer to keep this information private, we can still proceed with an appointment, but will not be able to perform a full functional check on the Device until you return to the store, which can delay the provision of the Service, if any adjustments need to be made.

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 Board Level (Level 3) repairs (i.e. repairs to the logic board of the Device) may take at least 5 working days to be completed.

2.6 We shall notify you when the Device has been repaired and available for collection. If you do not collect the Device within 6 weeks of the date of the notification, we will send the Device to our central warehouse (The Lightbox, G27; 111 Power Road, London W4 5PY). The collection of the Device from our warehouse will be arranged at the Customer’s cost.

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 immediately 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 All choices made in relation to personalisation of the Device are final and any change of mind may result in additional costs.

2.9 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.

2.10 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.

2.11 Use of our repair Service will void your manufacturer’s warranty. If you would like to avoid this, then please take your Device directly to the manufacturer. Your manufacturer will not cover any accidental damage.

2.12 iSmash may install warranty seals following the repair. Any tampering of the seals will void iSmash warranty.

2.13 Our out of warranty/chargeable smartphone and tablet repairs are guaranteed for 12 months from the date the Device is ready for collection. Our computer repairs are guaranteed for 3 months. If the Device develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired/replaced part(s) only and does not include further accidental damage to repaired parts.

2.14 We do not accept responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair at iSmash. Should any issues become evident, once the Device is opened, we will contact you via telephone/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 and in some cases such 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 We shall offer 1-month warranty for liquid damage repairs. Should your Device display any more issues relating to the liquid damage during this period, we will re-assess and re-quote for the work needed. We will also offer a full refund of all monies paid by you with respect to repairs carried out to your Device, excluding the £20 up-front cost, should you wish to take this option.

2.18 Any waterproof Devices will no longer be waterproof following the repair.

2.19 You agree to receive one SMS after your repair requesting feedback on your iSmash experience. 

  1. Liability

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, through our negligence or willful misconduct, we damage the Device beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Device. In this instance, we shall provide the replacement within 48 hours of the Device becoming irreparable and we will retain the original Device as part exchange for the

replacement.

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 caused and 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.

3.7 If you use our “Central Workshop repair service”, be-aware we will be working on the component level of your logic board therefore we can’t guarantee a fix on the device. Due to the nature of the repair there is always a possibility that the damage may worsen to the stage where the device is BER (beyond economical repair). In these circumstances we will refund all payments for this repair. We offer a 3-month warranty on Central Workshop repairs on work carried out.

  1. Data Protection

4.1 We ask for your name and address and the other details so that we can 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 the T&C and using these Services you consent to our use of your personal information as described. If you do not wish to receive such correspondence, please tick this box:

  1. General

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.

Summary Points

  • Use of our repair service will void your manufacturer’s warranty.
  • 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 caused and we therefore highly recommend that you back up your Device onto an external drive prior to your repair.
  • We do not take responsibility for any progression in damage for Devices that have been damaged by liquid. Although unlikely, opening the Device could set off further damage and in some cases may be very serious and irreparable.
  • We shall offer 1-month warranty for liquid damage repairs. Should your Device display any more issues relating to the liquid damage during this period, we will re-assess and re-quote for the work needed. We will also offer a full refund, excluding the £20 up-front cost, should you wish to take this option.
  • We do not take responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair at iSmash. Should any issues become evident, once the device is opened, we will contact you immediately via
  • telephone/email. [Examples of this may include missing screens and torn flex cables.]
  • At all times we will do our utmost to deliver on the quoted turn-around time, but in some incidences, for reasons out of our control, this cannot always be guaranteed. Our quoted repair times start when the technician begins the repair, not when you enter the premises.
  • If you use our Central Workshop repair service please make sure you read 7 above.
  • Our warranty is for 12 months for phone and 3 months for laptops, our warranty does not include Accidental Damage or Liquid Damage. If your phone is repaired by a 3rd party after our service, your warranty with iSmash will be voided.

By reading these terms and conditions, you certify that you have read this agreement, that you know and understand the meaning and intent of this agreement and that you are entering this agreement knowingly and voluntarily. You also acknowledge the condition of your device upon check in as communicated to you and detailed on our database.

You also acknowledge that upon collection you will check that the device has been repaired to your expectation.

If the repair has not been carried out to your satisfaction please raise this with a member of our team and we will be happy to assist you.

 

1. Website

By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern iSmash’s relationship with you in relation to this website.

The term ‘iSmash’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You should review the agreement periodically to be aware of such modifications and your continued use of the site shall be deemed your conclusive acceptance of the modified agreement.

The use of this website is subject to the following terms of use:

1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

1.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

1.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

1.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

1.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

1.7 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

1.8 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

1.9 Indemnification: You agree to indemnify, defend and hold harmless iSmash, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

1.10 Copyright, Licenses and Idea Submissions: The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are iSmash, its affiliates or other third party licensors.

1.10.1 You may not modify, copy, reproduce, upload, post, transmit or distribute, in any manner, the material on the site, including text, graphics, code and/or software.

1.10.2 You may link to our website as long as you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in any way which suggests an association or endorsement where one does not exist.

1.10.3 You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

1.10.4 You agree to grant to iSmash a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ismash.com by all means and in any media now known or hereafter developed.

You also grant to ismash.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ismash.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ismash.com.

1.10.5 Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of iSmash. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

1.11 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

 

 

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