Terms and Conditions

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.


2. iSmash Personalisation and Repair Service

2.1 Agreement for repair and personalisation

2.1.1  The terms set out in these Conditions of Repair ("Agreement") shall apply to the service we provide to repair your touch screen device or computer ("Device").

2.1.2  Reference to "us", "we" and "our" refer to iSmash and references to "you" and "your" are references to you, the person addressed on this form.


2.2.  All repairs and personalisations (unless otherwise stated)

2.2.1  We shall make all 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 Services using our utmost care and skill.

2.2.2  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.

2.2.3  We shall notify you when the Device has been repaired and is available for collection. If you do not collect the Device within 90 days, we may dispose of the Device. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.

2.2.4  If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately by telephone and/or email.

2.2.5  Our out of warranty/chargeable repairs to phones and tablets are guaranteed for 12 months from the date the Device is ready for collection (90 days for Mac | PC). Our out of warranty/chargeable repairs to laptops and desktops are guaranteed for 3 months from the date the Device is ready for collection. 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 part(s) only and does not include further accidental damage to the repaired part(s).

2.2.6  All charges will be subject to VAT and any other government taxes or duties as applicable. VAT is included in the quote.

2.2.7  The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time. Any quote given for ordering special parts in for a device is valid for that day only and prices are likely to fluctuate.

2.2.8  We may keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.

2.2.9  All choices made in relation to Personalisation are final and any change of mind may result in additional costs. Please note that while we endeavour to represent colours accurately on our website, screens inevitably display colours differently. If you want to check the colours please request photos from [email protected]

2.2.10  Use of our personalisation or repair services will void your 1 yr Apple or any other manufacturer warranty. If you would like to avoid this then please take your device to the manufacturer.

2.2.11 We require the passcode of your device in order to proceed with the appointment in order to test the device before and after the repair. If you insist on keeping this information private we can still go ahead but will not be able to perform a full functional check on the device until you return to the store which can delay the appointment if any adjustments need to be made. If you are posting your device to us, you will be liable for any extra postage costs incurred from our not being able to perform a full functional check.

2.2.12 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.

2.2.13 We ask our customer to monitor their device post liquid damage repair as unknown issues can arise soon after treatment for liquid damage which are beyond our control. If issues arise please contact us and we can reassess the damage. In cases where further repair is needed there may be additional costs incurred.

2.2.14 Prices may vary between the store and website on occasion. 

2.3 Liability

2.3.1  Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (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 option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.

2.3.2  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.

2.3.3  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 howsoever caused and we therefore highly recommend that you back up your Devices on a personal computer or external hard drive prior to your repair. It is your responsibility to keep a record of any such data. If requested we can backup your Device’s information onto a secure disk for a 14-day period, which may help in the restoration of personal data if needed but this will add 10-30 minutes onto the total appointment time.

2.3.4  Nothing in this clause 5 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.

2.3.5  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 savings, goodwill or any other indirect or consequential loss or damage howsoever arising.

2.3.6  We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.


2.4. Data Protection

2.4.1  We ask for your name, address and other details so that we can notify you when your Device has been repaired and so we can give you 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 that we may provide. By using these Services you consent to our use of your personal Information as described. If you do not wish to receive contact from us simply email [email protected]


2.5. General

2.5.1  We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.

2.5.2  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.

2.5.3  This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.

2.5.4  This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.

2.5.5  If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

2.5.6  Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

2.5.7  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

Any Apple, Samsung, or other manufacturer warranty will be void. Refer to point 2.2.10 for more info.

We work to tight turn-around times which we meet 95% of the time. If we do experience an unavoidable delay with your appointment we will inform you as early as possible and continue working on completing your appointment as a priority.

We offer a 12 month non-accidental damage warranty on all repaired/replaced parts used in phones and tablets. Refer to point 2.2.5 for more info.

You are responsible for the back up of your own personal information. Refer to point 2.3.3 for more info.

If you have 3rd party insurance for your device, please check with your provider before proceeding with the repair.

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

If your device has suffered liquid damage please make sure to refer to points 2.2.12 and 2.2.13.

In the case of laptop and desktop computers, we will give you a quote for repair and await your approval before proceeding.


3. iSmash Corporate Accounts

3.1 Payments

3.1.1 For new accounts all appointments will be invoiced on completion and payment will be due prior to returning the device(s). This process will be effective for the first three months unless otherwise agreed.

3.1.2 Accounts over this three-month initial period will be invoiced monthly with a 14-day payment term.


3.2 Corporate rates

3.2.1 Depending on the size of your business you will enjoy different levels of discounts with iSmash. The discounts are as follows: Small – Medium business – 5%; Large businesses will be assessed individually.

3.2.2 Discounts are given off our list prices which can be found on our website.

3.2.3 Where any courier service is needed this will be added to your invoice unless otherwise agreed.


4. iSmash Official Unlocking Service

4.1 Customer responsibilities

4.1.1 It is the customer’s responsibility to check the compatibility of their handset with the network they intend to use once unlocked.

4.1.2 If customers intend to use a UK network after performing an unlock, they should first ensure that the handset they are unlocking has not been reported lost, stolen or abused by entering the IMEI at http://www.checkmend.com/uk. Lost, stolen and abused handsets are barred/blocked in the UK once reported and cannot be used on any network once this occurs.

4.1.3 It is the responsibility of the customer to ensure all information is correct before submitting the unlock request.


4.2 iSmash’s responsibilities

4.2.1 Upon completion of the unlock, you will be notified by email to the email address provided.

4.2.2 We will do everything in our power to adhere to the quoted timescale for unlocking your phone, but delays can occur and are out of our control. If this does happen we will keep you informed about the delay. 95% of our unlocks are in the timescale quoted.


4.3 Customer error

4.3.1 No changes can be made to orders which have been fulfilled where the customer has provided erroneous information, and nor can refunds be issued in this instance.

4.3.2 In circumstances where an order is yet to be completely fulfilled and customer has provided incorrect information, we will endeavour to cancel the existing order and replace it with the correct order details. If we are able to cancel the order, the delivery time of any such new order will be from the point of change and not from the point of the first sale being processed. We cannot guarantee cancellation. If we are unable to cancel the order, the customer would be required to re-order with the correct details and no refund could be issued.


4.4 Backup of important data

4.4.1 We do not accept any responsibility for any data loss should this occur for any reason. You should back up your device regularly.

4.4.2 It is not necessary to restore your handset unless you have a jail broken device, in which case the jailbreak must be removed prior to unlocking (you can re-apply the jail break afterwards). Customers with a jail broken iPhone are strongly advised to make sure that their ‘Contacts’, ‘Messages’ and any other important data is properly backed up and synced with iTunes prior to attempting any unlocking procedure.


4.5 Incomplete Unlocks

4.5.1 Occasionally an unlock shows as “Unavailable” after processing has been attempted. This means the device cannot be unlocked at the current time and further investigation is required. We offer refunds for unlocks showing this status.

4.5.2 We do not offer refunds for phones that have been blocked; see 5.6


4.6 Barred Handsets

4.6.1 If a handset is reported lost or stolen (or abused), it may well be 'Blacklisted' (also known as 'Blocked' or 'Barred'), preventing it from ever being used again in the UK on any of the major networks. It is not possible to find out if a 'SIM Locked' or 'SP Locked' handset has been 'Blacklisted' from any particular network or all major networks without first performing the 'unlock' procedure using our services. Therefore, if we undertake an unlock and you find out the phone is in fact logged as lost, stolen or abused, we cannot then refund your payment. We will undertake the job you request but cannot legally make a 'blacklisted' handset work again.


4.7 Privacy

4.7.1 We will always endeavour to take reasonable care to ensure that all of your personal details provided to us are stored securely using standard industry practices.

5.7.2 We will never pass any of your details on to a 3rd party without your prior consent.

4.7.3 We do not store customer payment card details; these are passed directly to our payment provider(s) for the purposes of payment only.


4.8 Disclaimer

4.8.1 This service is entirely legal in Europe and North America. If you are ordering from outside of this area, please check your local jurisdiction before ordering.


5. iSmash Trade-in Service

5.1 Seller details

5.1.1 We require certain details, including bank account number and sort code if you choose to receive money by bank transfer, from the seller so as to correctly quote for and then, if agreed, continue with the purchase. These details are not shared with any third parties.


5.2 Seller responsibilities

5.2.1 The seller agrees to remove their iCloud account and any passcode lock from the device prior to trade-in. iSmash reserves the right to withhold payment until this is carried out.

5.2.2 It is the responsibility of the seller to ensure the device is not stolen. We do not accept stolen devices, and check all devices against a database of stolen items. If the device is found to be stolen, it will be reported to the authorities and you will not be reimbursed.

5.2.3 So as to provide an accurate initial quote, the seller should provide information about their device that is accurate as far as their understanding permits.


5.3 Offer price

5.3.1 Initial quotes, either via the website or in-store, are based on the device being in the condition you claim it to be. We undertake a full examination upon receiving the device which is usually completed within 24 hours, but may take up to 72 hours. Following this we will check After examination, we will confirm our offer price to you.

5.3.2 If your device is locked to a specific network we will deduct the cost of unlocking it from our offer price.

5.3.3 If you choose not to accept the offer, and have posted your device to us, we will invoice you for the cost of return postage.

6. iSmash Competitions

Our terms and conditions apply to all competitions unless otherwise stated.
By entering an iSmash competition you agree to the following conditions:

6.1 Entrants must be 18 years or over.

6.2 Competitions are only open to UK residents only unless otherwise stated.

6.3 Competitions are not available to iSmash employees or their immediate families.

6.4 End date is specified on individual competitions.

6.5 iSmash reserves the right to amend the end date at any time.

6.6 Competition winners will be notified within 28 days of the closing date.

6.7 By entering the competition, the winner agrees to participate in promotional activity where required.

6.8 Prizes are non-transferrable to another person.

6.9 No cash alternative available.

6.10 Travel and expenses are not included unless otherwise stated.

6.11 If the advertised prize becomes unavailable iSmash reserves the right to offer an alternative prize of equal or higher value.

6.12 Competitions are run by iSmash UK Trading Limited, 111 Power Road, The Lightbox, Unit G28, Chiswick, London W4 5PY.

6.13 By entering competitions you agree to be contacted for promotional purposes.

6.14 No personal data will be shared with third parties unless stated otherwise.

6.15 iSmash reserves the right to amend or withdraw competitions at any time.

6.16 Prizes will be sent within 28 days of notifying the winner.

6.17 Competitions hosted on social media are in no way sponsored, endorsed or administered by Facebook or Twitter.

6.18 You agree to submit contributions which are your own original work. You must not violate, plagiarise, or infringe any copyright, trade mark, trade secrets, privacy and publicity, personal or proprietary rights.

6.19 If you submit a contribution, you agree to allow the iSmash to use the material in your contribution in any way it may reasonably choose on a free-of-charge basis in any media throughout the world.

6.20 Any copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material you contribute in any way, including allowing others to use it.

6.21  Repair giveaways will be limited to £150 per winner.