Terms of agreement

The products purchased via our partners benefit from the Service-Return warranty, according to the laws in force. Thus, each product will be accompanied by the warranty certificate. Should you notice that a product purchased from one of our partners lacks the warranty certificate, you must inform the seller within 48 hours of receiving the products. Any product for which warranty is claimed must be accompanied by the warranty certificate, otherwise it will not be taken into account.

 

1. DEFINITIONS

Service-return.com website is owned and managed by S.C. SERVICE RETURN SRL, legal Romanian entity, with the registered Trade Register number J24/328/2012, VAT Reg. No. RO30078001, bank account no.: RO55RNCB0182148861200001 opened with BCR, Baia Mare branch.

Service Provider- service-return.com.

Customer - any individual or legal entity using, for commercial, professional or other purposes, the services provided by the Service Provider

Product: the products with or without commercial warranty: telephones, tablets, smartwatches, gadgets, watches, the list is not exhaustive, but enumerative

Services provided during the legal warranty period for the products: the repair work performed by the Service Provider on a product within the warranty period to remedy deficiencies not attributable to the customer;

Services provided during the post-warranty period for the products -consisting of diagnosing and, to the extent possible, repairing by the Service Provider, at the request and with the written or verbal consent of the Customer, the electronic equipment stated in the repairs sheet, in the warranty and/or post-warranty period;

Website - the www.service-return.com domain and its subdomains.

Contract -the contract concluded between the Service Provider and a Customer in an organized remote service contract, without the simultaneous physical presence of the service provider and customer, with the exclusive use of one or more remote communication means, up to and at the time the contract is concluded.

The navigation on the www.service-return.com website, followed by the filling in of the application for sending to service is equivalent to reading, understanding and accepting the terms below by any Customer.

Service-return.com reserves the right to change and update, at any time, the content of this website and the Terms and conditions of use, without any kind of prior notice.

- Warranty:

- Legal 2-year warranty - This type of warranty applies only to individual persons. The Seller is liable to the consumer for any lack of conformity existing at the time of product delivery. The seller's liability, pursuant to Articles 9-14 of Law 449/2003, is binding if the lack of conformity occurs within 2 years, calculated from the delivery of the product.

It is deemed that the products are compliant with the sales contract if:

a) they meet the description made by the seller and have the same features as the products presented by the seller to the consumer as a sample or model;

b) they meet any specific purpose requested by the consumer, purpose made known to the seller and accepted by the latter upon the conclusion of the sales contract;

c) they meet any specific purpose requested by the consumer, purpose made known to the seller and accepted by the latter upon the conclusion of the sales contract;

d) being of the same type, they exhibit normal quality parameters and performance, the consumer may reasonably expect, given the nature of the product and the public representations regarding its concrete characteristics, made by the seller, manufacturer or its representative, in particular by advertising or labelling.

It is not deemed as lack of conformity if, at the time of concluding the sales contract, the consumer knew or must have reasonably known about this lack of conformity or if the lack of conformity originates in the materials supplied by the consumer.

- Warranty for hidden defects – The warranty for hidden defects, incumbent upon the seller, contains a legal regulation provided by Articles 1707 - 1715 of the Civil Code „the seller guarantees the buyer against any hidden defects that make the sold good improper for its intended use or that reduce its use and value to such extent that, if he had known them, the buyer would have not bought the good or would have paid less for it"". These hidden defects must exist at the time of the sale

- Warranty for the proper functioning of the product – This type of warranty applies only to legal persons. Pursuant to Article 1716 of the New Civil Code, legal persons benefit from a 1-year warranty for the proper functioning of the product.

- Commercial or conventional warranty granted by the seller – This is the warranty the seller or manufacturer grants voluntarily, under the conditions it sets out and which, once granted, becomes legally mandatory, in compliance with the provisions of Law 449/2003. This type of warranty is generally optional, but it is mandatory for “long term use products”, as defined by GD 21/1992 on consumer protection, amended - the relatively complex product, made of parts and subassemblies, designed and built to be used for a medium term of use and which can be subject to repairs or maintenance activities. Pursuant to Article 20 of the GD 21/1992, such products must be accompanied by a warranty certificate. All the characteristics of this warranty (conditions of use, terms, undertaken obligations) - are set by the party granting it (manufacturer and/or seller), and the warranty becomes mandatory similar to a contract (convention) between the parties, being signed by both parties. If the product is warranty  voided, the customer will pay the transportation fee from the premises of the Provider to the address of the Beneficiary.

- Extended warranty - It is the applicable warranty for products that benefit from the Commercial Warranty given by the seller. This type of warranty is optional and represents the extension of the standard warranty of 24 months (12 months for legal entities). Activating the extended warranty is only possible for products that benefit from a commercial warranty issued by an authorized dealer, based on a purchase document (invoice or tax receipt). The conditions for canceling the warranty are identical to those of the Commercial Warranty given by the seller. The extended warranty package is not transferable in case of product replacement. Activation of the Extended Warranty is done within a maximum of 30 days from the purchase. If it is purchased together with a product from partner sellers, the activation of the Extended Warranty will be done after the expiration of the 14 legal return days, but no later than 30 days. Once the Extended Warranty is activated, it is no longer eligible for return. The Extended Warranty is not taken into account if it is not active.

 

ACCESS TO THE INFORMATION AVAILABLE ON THE WEBSITE

Service-return.com guarantees limited access, for personal interest, and does not grant any rights to download or modify the website in part or in whole, to reproduce the website in part or in whole, to copy, to sell/resell or exploit the Service-return.com website in any other manner, for commercial purposes or against the interests of Service-return.com, without our prior written consent.

Any attempt to access the personal data of a user, to modify the content of the site or to alter the performance of the server where the Service-return.com website runs will be deemed as phishing and will trigger the criminal investigation of the person or persons initiating this action.

In order to benefit from some services, you might need to create an account on the www.Service-return.com website. Keep your password confidential to protect your account. You are entirely liable for the activity conducted in or via Your Account.

The performance of unauthorized operations on this site or the attempt to do so, by misuse and/or fraudulent use, unauthorized access, modification, copying of information for sale, blocking the access, etc., will be sanctioned according to the law.

 

2. CONTRACTUAL DOCUMENTS

2.1. By registering an application for service works with the Website, the Customer agrees with the means of communication (by telephone or e-mail) used by the Service Provider to conduct its business.

2.2. The notification received by the Customer, after the registration of the service application, is informative and does not represent the consent to conclude the contract. This notification is communicated electronically (email) or by telephone.

2.3. The contract is deemed as concluded between the Service Provider and Customer upon the receipt by the Customer from the Service Provider, via electronic mail and/or SMS, of the notification of the agreement to provide the service;

2.4. The document and information made available by the Service Provider on the website underlie the Contract,

 

3. THE PROCEDURE FOR REPAIRING THE PRODUCTS BENEFITTING FROM THE STANDARD WARRANTY

3.1. Should you have purchased a product benefitting from the standard warranty, the maximum term for repairs for the products covered by this warranty is of 15 days.

3.2. Service Return SRL assumes no responsibility for any loss or damage of data/information stored on the equipment.

Please back up your personal data before sending the products to the Authorized Reception Centre.

3.3. The Customer will access the website www.service-return.com the “Application for package collection” section by filling in the requested information to ask for a courier to collect the product to be sent in service. After filling in the information and after the Customer agrees with the terms and conditions of the website www.service-return.com , an application for package collection will be registered.

- A courier from the partner companies will contact the Customer in the shortest time possible to collect the product. The product must be properly packed, have protective material, to be safe during the transport. Service Return does not assume responsibility for any damage to the product if it is not properly packed.

- Once the product arrives in the Authorized Reception Centre, it will be redirected to the partner Authorised Service Centres for diagnose and repair.

- The product is returned within 5 working days from the moment they arrive in Authorized Reception Center. If the problem is not solved, the product will be replaced.

- Once repaired, the product will be sent by courier to the Customer

If the problem is not solved, the product will be replaced. Unless a product is no longer available, the replacement will be a product identical to the original. If an identical product is no longer available, the nearest available product will be shipped with the performance, reliability, appearance and functionality of the original product.

3.4. The Customer must collect/receive the product within 15 days after being notified about the shipping by courier. Should the product not be collected/received after the notification, a storage fee of 5 lei/day will be charged for the period exceeding the 15 days. Should the product not be collected within 90 days of notification, the Customer agrees to waive its right of ownership of the product which becomes the property of Service Return SRL.

3.4.1 The customer must announce in the first 24 hours if the package is damaged or incomplete.

3.5. When the product arrives in the Authorized Reception Centre, the reception of the product consists of a visual check performed in front of cameras. The Customer takes note of these findings and accepts them as video proof should he/she sue Service Return SRL

 

4. THE PROCEDURE FOR REPAIRING THE PRODUCTS BENEFITTING FROM THE EXPRESS EXTENDED WARRANTY

4.1. Should you have purchased a product benefiting from the express warranty, the maximum term for repairs for the products covered by this warranty is of 5 days (working days) in the case of mobile telephones, tablets, gadgets and smartwatches and of 10 to 15 days in case of automatic/mechanical, electronic or quartz watches, according to the express extended warranty type. If the standard warranty of the product is invalidated, this Extended Warranty also becomes null.

4.2. In order to be able to validate the Express warranty, the Customer must access within 30 days after the purchase date the website www.service-return.com the “Activate Express Warranty” section. The Customer must enter information regarding the unique number written on the back of the Express card, the purchase date, the name of the dealer from where the extended warranty was bought, the invoice or receipt number and the type of the purchased product.

4.3. The Customer validates the extended warranty by accepting the Terms and Conditions of this website.

4.4. Should the Customer not observe the extended warranty validation procedure, it will not be effective and the Customer understands that he/she will not receive the benefits of the extended warranty.

4.5. Should the Customer lose the Express extended warranty card, he/she must inform SC Service Return SRL via an email sent to help@service-return.com . SC Service Return SRL will issue within 30 days a new card, shipped by courier. The fee for the issuance of a new card is 30 lei and it will be borne by the Customer. The transport is free of charge.

4.6. The Customer will access the website www.service-return.com the “Application for package collection” section by filling in the requested information to ask for a courier to collect the product to be sent in service. After filling in the information and after the Customer agrees with the terms and conditions of the website www.service-return.com san application for package collection will be registered.

- A courier from the partner companies will contact the Customer in the shortest time possible to collect the product.

- Once the product arrives in the Authorized Reception Centre, it will be redirected to the partner Authorised Service Centres for diagnose and repair.

- Once repaired, the product will be sent by courier to the Customer

4.7. The Customer must collect/receive the product within 15 days after being notified about the shipping by courier. Should the product not be collected/received after the notification, a storage fee of 5 lei/day will be charged for the period exceeding the 15 days. Should the product not be collected within 90 days of notification, the Customer agrees to waive its right of ownership of the product which becomes the property of Service Return SRL.

4.8. When the product arrives in the Authorized Reception Centre, the reception of the product consists of a visual check performed in front of cameras. The Customer takes note of these findings and accepts them as video proof should he/she sue Service Return SRL

 

5. THE PROCEDURE FOR REPAIRING PRODUCTS IN POST-WARRANTY

5.1. This procedure enters into force when the product is no longer covered by the commercial warranty (at the end of the standard warranty period granted by the manufacturer or following the cancellation of the commercial warranty) for an indefinite period of time.

5.2. Should the product be repaired at the Service Return SRL centre, the customer will be informed about the term required for repairs following diagnosis.

5.3. The Service Provider undertakes:

a) To diagnose the product;

b) To repair the product, if declared repairable following diagnosis, and only with the express agreement of the owner of the product, according to the notified price of the repair;

c) To deliver to the owner of the product the replaced defective part only at the latter's express request, made before the completion of the repairs, to the extent possible;

d) To inform the owner of the product about the repair works performed on the product;

e) The Service Provider is not liable for the loss of information or data and for any damage incurred by the customer as a result of such loss as the sole obligation of the Service Provider is to repair the product;

f) To unlock the product protected by password by the customer for a charge and only if possible;

g) To solve any situations deemed as deviations from the legal or contractual conditions, object of this contract. Any complaint can be sent to the email address help@service-return.com, and the Customer will be contacted by a representative of the Service Provider to document the case and settle it amicably, within the legal term of 30 days.

5.4. The Customer undertakes :

a) To provide the Service Provider all the necessary and relevant information regarding the state of the product and the manner in which the defect manifests;

b) To use the product in observance with the limits and conditions set out by the manufacturer of the product;

c) To pay the fee for diagnosis charged by the Service Provider;

d) To inform the Service Provider, verbally or in writing, if he/she agrees to have the product repaired;

e) To pay for the repair of the product and any other fees as soon as the Service Provider informs him/her that the product was repaired;

f) To pay for the services provided and invoiced by the Service Provider; otherwise, the Beneficiary is in default by right, owing to the Service Provider late payment penalties of 0.5% per day of delay, calculated based on the due and unpaid invoice.

5.5. Price and payment terms

The Customer will pay the diagnosis fee charged by the Service Provider. If the repair is possible, and the Customer agreed verbally or in writing to have the product repaired at the indicated price, he/she will pay the cost of repairs. The Customer will not pay the diagnosis fee or the transport fee.

If the customer does not want to have the product repaired by the Service Provider, he/she will pay the diagnosis fee and transport fee from the premises of the Service Provider to the address of the Beneficiary.

The fee charged for diagnosing (the technical evaluation for repairs) the state of a product is between 50 and 150 lei, according to the complexity of the product. A list of all prices is available on the website of the Service Provider www.service-return.com .

The Customer can pay the invoice by bank transfer to the account of the Service Provider, RO55RNCB0182148861200001 opened with BCR - Baia Mare.

The price for repairs includes the price of spare parts and workmanship.

5.6. Warranty

The Service Provider grants a 3 (three) months warranty for the replaced part and for the related workmanship.

The Service Provider will not invoice the workmanship if, during the warranty period, the product returns to the Beneficiary claiming the defect/non-compliance of the replaced part;

The Service Provider will not grant warranty and workmanship free of charge if the Beneficiary complains about the same defect at the same product if the diagnosis shows that the product has the claimed defect as a consequence of the failure of another part than the one repaired/replaced.

The warranty terms are valid only if the instructions in the user manual are observed.

 

6. PROCEDURE FOR REMEDYING INSURED PRODUCTS

6.1. This procedure takes effect from the date when the product falls outside the scope of the commercial guarantee, and the customer has a valid insurance policy for a certain period of time.

6.2. In case of damage, the insurer / broker approves the damage according to their terms and conditions. The product reaches the provider, the commercial guarantee being automatically canceled after the damage occurred, without prior notice to the customer.

6.3. The standard post-warranty settlement period for products with insurance is 15 working days, and depending on the availability of the components at the authorized partner services, it can reach up to 60 working days.

 

7. COUNTER VALUATION

7.1. If the product sent in service is not classified under any legal non-conformity, as stipulated by Law 449/2003 and it is not found faulty by coverage of the guarantee certificate attached to the product, as we are tackling the exclusion clause of the guarantee mentioned in the guarantee certificate, SC Service Return SRL provides a counter valuation service by which the Client, if not satisfied by the decision of the authorized service partner (SAP), may request for the sending of the product to the second authorized service partner (SAP2) for additional and detailed verifications concerning the guarantee loss. 

7.2. If SAP2 rules out the findings of the first SAP, the Client shall receive from SC Service Return SRL a new product with the same minimum technical specifications as the previous one plus the counter value of the counter valuation and SC Service Return SRL shall resort to SAP to recover the prejudice caused.  

If SAP acknowledges the findings mentioned during the first examination, the product shall be sent back to the Client, via express courier, and the Client shall not bear any additional cost.

7.3. The counter valuation service is provided in exchange of 299 lei (VAT included) and shall be activated after the online payment by bank transfer.

 

8. BUY-BACK 

The service is organized and can be accessed on the territory of Romania, for an indefinite period and will take place exclusively online on the Provider's website.

8.1 This "Service" can benefit any natural person residing in Romania, who has reached the age of 18, or any legal person based in Romania (hereinafter referred to as "Participant") and who owns a GSM mobile phone, free network, which he wishes to teach in order to participate in the Service. The Provider assumes that each Participant legally owns the telephone with which he participates in the Service, more precisely that each Participant is the rightful owner of the telephone that he hands over to the courier to participate in the Service. The Provider has no obligation to verify and certify the Participant's right to the telephone number delivered within the Service, the entire responsibility in this respect belonging to the Participant.

8.2 The provider reserves the right to exclude certain phone models from the list. Obtaining an estimate can be done directly on the Provider's website. Once accessed the estimation section of the site, the Participant will be asked to select the phone brand, its model and to select the boxes corresponding to the status of his phone. In order for a Participant to be considered valid, it must cumulatively meet the following conditions: The participant must not be declared disqualified as a result of non-compliance with these conditions; The participant must agree to the processing of personal data in accordance with the provisions of this regulation; The participant must comply with the conditions of the Service; In this regard, the Provider reserves the right not to honor requests from Participants that violate the conditions of organization of the Service by an act of bad faith that may be considered a fraud, attempted fraud or abuse. Fraud means the following: any action or inaction of the Participant that constitutes a violation or an attempt to violate its legal obligations or those assumed by participating in the Service, with the intention of causing damage either to Service Return SRL or to a third party. of any nature or to obtain an improper benefit for himself or for another person or which has as a consequence the production of such a prejudice or the obtaining of such an advantage. The provider does not assume responsibility in the event of any situation that makes it impossible for a person to participate in the Service due to technical restrictions or other specific limitations that may involve the conduct of such a campaign, for example: incorrect use of the site data service malfunction, phone theft, etc.

8.3 The Provider informs the Participant that the only consequence of the refusal to provide any of the personal data is the non-participation in this Service. Providing this data is equivalent to participating in the Service and agreeing to all the conditions of the regulation. The Provider reserves the right to modify the Terms and Conditions of the Service or to suspend / interrupt / extend at any time the performance of this Service, without the right to compensation, any change being brought to the public's notice before the date on which it enters into force. Until the date of a possible modification of the Service, the Provider will comply with the conditions stipulated in the Terms and Conditions. The Provider does not assume any responsibility for the participation by the Participants of the changes, as long as they are displayed on the Provider's website, www.service-return.com, in the section dedicated to the Service. The terms and conditions of the Service are available free of charge to all applicants can be consulted on the official website of the Provider at www.service-return.com for the entire period of the Service.

 

9. FINAL PROVISIONS

The conditions remain valid for any repair of the product throughout the contract term.

The contract will terminate as of right, without court intervention and other prior formalities in the following cases:

a) by written agreement of the contracting parties;

b) at the end of the warranty period granted for the repair covered by the contract;

c) at the request of any of the parties, by termination as of right, if the other party, at fault, breaches one or more of the obligations under this contract and does not remedy such breach within 15 (fifteen) days of receiving the notice requesting the remedial. In such case, the termination enters into effect within 5 (five) days of receipt by the party at fault of the termination notification.

The termination of this contract will have no effect on the obligations already arisen or due of the parties.

 

The Customer benefits from a period of 14 days after the conclusion of the contract to withdraw from the contract, without having to justify the decision to withdraw, except for the withdrawal occurred after the full performance of the services, if the provision of services was started based on the prior written consent of the customer and after the latter confirmed that he/she had learned that he/she would lose the right to withdraw after the full performance of the contract by the service provider.

Decreasing the value of returned products

Since, in the case of distance sales, the buyer does not have the opportunity to check the products before concluding the contract, he has the right to withdraw from the contract. For the same reason, the buyer is allowed to test and verify the products he bought to the extent necessary to establish the nature, characteristics and functioning of the products. In order to determine the nature, characteristics and operation of the products, the buyer must handle and inspect them in the same way as he would be allowed to do in a real physical store. Example for an electronic product: The buyer only needs to inspect the physical product, without activating the product, without entering personal accounts and passwords. The buyer is only responsible for the decrease in the value of the products resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the products. If the buyer exercises the right of withdrawal after using the products to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the buyer is responsible for the possible decrease in the value of the products. The accessories (user manuals, chargers, cables, etc.) found in the product box as well as its original packaging are an integral part of the product. As a result, we recommend the buyer, when exercising the right of withdrawal from the contract, to return it in the original undamaged packaging, protected by wrapping with plastic packaging film or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc. ) and together with all its accessories. Returned products that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after bringing them into compliance, involving the costs of sanitizing, beautifying, repairing, replacing any damaged parts and bringing them to a commercial form for sale as a Refurbished / Resealed product. The final value is determined according to the value of the parts to be replaced or as the difference between the initial value of the new product and the resale value of the used product. Any decrease in the value of the products resulting from handling them other than those necessary to determine the nature, qualities and functioning of the products is the buyer's responsibility. For clarity, from the total price of the returned product, the seller will retain an amount of money that represents the decrease in the value of the product in the proportion of 5%-50% of the initial value of the product, as the case may be. The value of the reduction fee will be communicated to the buyer after receiving and checking the returned products.

Service Return is submitted to the National Supervisory Authority for Personal Data Processing:

General Registry number: 0007080
Infochiosk number: 29428158036
Date: 16/03/2016