Terms and Conditions

Terms and Conditions of Website use

1.1 Terms of Use
Access to and use of this website in Ireland is provided by PhoneBooth.ie on the terms set out below.
These terms are subject to change from time to time without notice so should be checked regularly. Continued use of this website will be deemed acceptance of the updated or amended terms.

1.2 Copyright
All copyright, trademarks, design rights, patents and other intellectual property rights in and on this website are vested in PhoneBooth.ie or its licensor’s. All rights reserved.
Reproduction of part or all of the contents of this website in any form is prohibited other than for personal use or internal business use only and may not be recopied and shared with a third party. All copyright notices in the original material must be retained. This website may not modified, disassembled, decompiled or reverse engineered in any way for any commercial purpose.

The permission to recopy for personal and internal business use does not allow for incorporation of material or any part of it in any other website, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise). PhoneBooth.ie is not responsible for any file downloads.

1.3 Disclaimers
PhoneBooth.ie makes no warranties, representations or undertakings about:

(a) Any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content). The information on this website does not constitute advice or recommendation
(b) Any content of any other web-site referred to or accessed by hypertext links or otherwise through this web-site (‘Third Party Site’)

PhoneBooth.ie shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its website.

PhoneBooth.ie does not endorse or approve the content of any Third Party Site, nor will PhoneBooth.ie have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).

PhoneBooth.ie does not warrant that functions, materials and information available on this website (and/ or linked to this website) will be uninterrupted or error free, that defects will be corrected, or that this website or its server are free of viruses or bugs and other items of a destructive nature. The website user is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output.

1.4 General
The failure or delay of PhoneBooth.ie to exercise or enforce any right in these terms does not waive ‘PhoneBooth.ie’ right to enforce that right.
The contract between PhoneBooth.ie and the Customer shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The Customer submits to the jurisdiction of the High Court of the Republic of Ireland, but PhoneBooth.ie may bring legal proceedings against the Customer in any court of competent jurisdiction.

2. 0 Terms and Conditions of Repair and Servicing

2.1 Quotation
The repair price quoted by our system is an estimate only, based on the information you have provided. It is possible that the price to repair the unit is higher than the estimated price (for example, if the information provided was inaccurate, or if your unit has other faults). On these occasions you will be contacted via email or phone to authorise a new repair quotation.

2.2 No Fix No Fee Policy / Minimum Charge
All repairs carry a “minimum charge” of 30€. This cost covers engineer’s time and any parts used to attempt to repair the unit.
After inspection, the minimum charge will become due only when:

– The unit is Beyond Economical Repair (i.e. it would be cheaper to replace the unit than fix it)
– We provide a new repair quotation and you refuse this quotation Note that return postage cost will be charged in addition to the minimum charge. At our discretion we may waive the minimum charge if you give us permission to use the damaged unit for spare parts.

2.3 Turnaround time
Repairs usually take 3-5 days from the date they arrive at our repair centre, this excludes the time taken for return delivery which is outside of our control (although we use a next-day service for the vast majority of units). During busier times repairs can take longer to be processed. If you do require the unit back quickly then we strongly recommend that you select the “Express Repair” option.

2.4 Express Repair
If you select the “Express Repair” option on the website, your repair will take priority over non Express repairs sent in to us. Note that if the unit is BER or you refuse a requote, the Express fee of €20 is due in addition to the minimum charge and the return postage cost.

2.5 The following Terms & Conditions apply to Express repairs:
An Express repair will take priority over other non-Express repairs in the queue. It does not mean we guarantee to complete the repair on the same day we receive it (although we do try our best). Sometimes specialist parts need to be obtained and this can delay the turnaround time. We will keep you advised of the situation via the online tracking system if any delays are expected Express repairs will be dispatched on the same day they are repaired provided payment has been made. Payment must be received before 11am for same day dispatch. All repairs including Express are sent via next-working day delivery.

The Express repair cost of €20 does not include a Saturday/Sunday delivery. If we cannot repair an Express unit within 5 days of receipt, the Express fee will be waived. We do not take responsibility to delays due to courier. However if a delivery date has been missed we will investigate and resolve as a priority. To speed up the process we may phone you to arrange immediate payment (once the repair is complete). If you prefer not to provide details on the phone, you will need to have access to your email (for the payment link) and access to the Internet to make payment. Payments must be received by 11am to be dispatched same day.

2.6 Return postage
The Collection of the device is free, however the return shipping of the device is €10 and not included in the repair cost. The €10 is for shipping and insurance of your device. Please note that postage covers ROI only. We can send repairs worldwide – but prices vary. Please contact us for a price before sending in a repair.

2.7 Repair warranty
Our repairs carry a limited 3 month warranty on replaced parts and labour except the following: liquid damage repair, console main board repairs, PCB board repairs. In the unlikely event your unit becomes faulty within the warranty period please send the unit back with a copy of the receipt or Ref No. and a covering letter stating current fault (we are not liable for your costs to return the unit to us). We will investigate and respond within 3 working days. If the problem is related to the initial repair, we will carry out a further repair free of charge and return at no cost. If the unit has further problems not related to original repair or parts not replaced in previous repair we will contact you and let you make a decision with regards to the cost. We will attempt a re-repair on your unit TWICE after the initial repair. If after this, the unit is still faulty we will issue a refund (minus the minimum charge, postage and any Express fee). We will need to see the unit and make sure its faulty prior to issuing a refund.

2.7.1 Limitation of Liability
PhoneBooth.ie reserves the rights to refuse warranty service of products under disputable conditions. PhoneBooth.ie also holds the rights to declare final decision whether products are within warranty conditions. The following actions and damages will result in voiding the limited warranty:

– Damage caused by act of nature, such as fire, flood, wind, earthquake, lightning, etc.
– Damage or incompatibility caused by failure to perform a proper installation or to provide an appropriate operational environment for the product, including but not limited to unstable wired/ wireless network connection and phone lines, bad grounding, external electro-magnetic fields, direct sunlight, high humidity and vibration.
– Damage caused by impact with other objects, dropping, falls, spilled liquids, or submersion in liquids.
– Damage caused by unauthorized repair or disassembling of the product
– Damage caused by any other abuse, misuse, mishandling, or misapplication
– Damage caused by third party peripherals (including but not limited to visible damages on motherboard or other electronic parts of the product such as burn spots after electric discharge, melting, fusing, splitting, etc.)
– Any errors caused by software incompatibilities and viruses as well as unauthorized modification of built-in software (including BIOS).
– Deterioration due to normal circumstances including the enclosures, diskette, manuals, and battery packs.
– The serial number of the product (or serial number stickers of its parts) has been modified, removed, blurred or damaged.
– Cracks and scratches on LCD and plastic material as well as other defects caused by transportation, handling or customer abuse.
– The availability of two (2) and less pixel defects on the display of the device, which is not considered to be a warranty failure according to the manufacturer’s policy.
– The effects of so-called “image sticking” and faults in brightness on LCD panels caused by fixed pattern pictures displayed for a long period of time (longer than one day).

2.8 Unpaid repairs
Units will be held for a maximum of 90 days after they are either repaired, deemed BER or requiring a requote. We will make reasonable attempts to contact you by phone and email a minimum of 3 times. If you have not made payment within 90 days, the unit will be auctioned to recover our costs.

2.9 Liquid Damage Repairs
Liquid damage repairs can be very temperamental and are carried out on a “best endeavours” basis. On occasions the original fault can reappear after the unit has been repaired and sometimes the faults can even get worse after a period of time.

2.10 Accessories, Games, Power Supplies
Please do not send any accessories (or Console games/disks) in with your repairs unless we have specifically requested them (e.g. for a power problem we may request the charger or power supply). We cannot be held responsible for any loss or damage to accessories whilst in our possession (SIM cards, memory cards, chargers, boxes, cases, cables, mounts etc.). On occasions we may ask for certain accessories to be sent in after our initial diagnosis for further testing as they may be related to the fault.

2.11 User data / information
We will do our utmost to retain any data on your unit, however we cannot be held responsible for lost data, including; Ringtones, Photos & videos, Contacts, Saved game data, Favourites, Locations (for Sat Navs), Music (e.g. MP3). Please ensure you backup your unit before sending it to us.

2.12 Payments
Payments are requested by email or phone once a repair has either been completed successfully or if the unit has been deemed BER or you refuse a requote. Cheque payments will be subject to a clearance delay of approximately 5 working days. We don’t accept Visa, MasterCard, Switch, Maestro, Solo, and Visa Debit.

2.13 Complaints
We have many satisfied customers, and our complaint resolution system helps us to ensure that our customers are satisfied, even when things go wrong. If you have a complaint, please contact us either by email or by letter. Upon receipt of your complaint, we will investigate to see what went wrong so that we can resolve it to your satisfaction, and to avoid reoccurrence in the future. We undertake to:
Acknowledge your complaints within 5 working days Advise you how long it will take to resolve the complaint keep you informed throughout the process.
Warranty Repair Terms and Conditions

Agreement for repair.
The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your mobile telephone and/or any accessories listed overleaf (“Equipment”) on the service questionnaire form.
Reference to “us”, “we” and “our” refer to PhoneBooth.ie and references to “you” and “your” are references to you, the person addressed on this form.

3. All repairs (unless otherwise stated)

3.1 This Agreement shall commence from the date you sign the service questionnaire and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.

3.2 We shall make all reasonable efforts to repair your Equipment 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 reasonable care and skill.

3.3 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.

3.4 Units will be held for a maximum of 90 days after they are either repaired, deemed BER or requiring a requote. We will make reasonable attempts to contact you by phone or email a minimum of 3 times. If you have not made payment within 90 days, the unit will be auctioned to recover our costs.

3.5 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.

3.6 We may in certain circumstances send your Equipment to another repair centre and sub-contract the repair work to a third party.

3.7 All charges will be subject to VAT and any other government taxes or duties as applicable.

3.8 The Collection and the return shipping of the device for free, however postage covers ROI only. We can send repairs worldwide – but prices vary. Please contact us for a price before sending in a repair.

3.9 Please note there is a non-refundable handling fee of €15 for all warranty services.

4. Additional terms for warranty repairs

4.1 Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.

4.2 If your Equipment is beyond economic repair, we may at our absolute discretion replace your Equipment with a suitable equivalent rather than carry out repair works.

4.3 If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause

4. We will endeavour to notify you of any such charge prior to undertaking any work.

4.4 If you provide misinformation to PhoneBooth.ie regarding the age of your device or purchase details, resulting in an expired warranty, PhoneBooth.ie charge a €30.00 diagnostic fee.

5. Additional terms for chargeable repairs

5.1 If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty, we may offer you an Out-of-Warranty Repair and Terms and Conditions of Repair and Servicing apply.

5.2 If cost of repair may not fall within our standard charges where the Equipment is not generally supported by us, Equipment repairs are sub-contracted or the nature of repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair and we will not repair the Equipment until we have received your acceptance of that estimate.

5.3 If we are unable to repair your Equipment, no fault is found on your Equipment or you do not accept our Out-of-Warranty Repair offer, we will return your Equipment to you unrepaired and we charge you an inspection fee of €30.00 .

5.4 We may keep your Equipment until all charges payable have been paid.

6. Liability

6.1 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.
6.2 If, through our negligence or wilful misconduct, we damage the Equipment 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 Equipment.
6.3 Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
6.4 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 2007; or
(d) fraudulent misrepresentation.

6.5 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.

6.6 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.

6.7 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.

7. Data Protection

7.1 We ask for your name and address and the other details set out overleaf (“Personal Information”) so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By signing the questionnaire and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive text messages at any time you should write to us at PhoneBooth.ie, Shop St., Tuam, Co. Galway

8. General

8.1 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.

8.2 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.

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

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

8.5 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 affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

8.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 2001.

8.7 This Agreement shall be governed by the laws of Ireland and shall be subject to the exclusive jurisdiction of the Irish Courts.