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YotaPhone Warranty Terms

EU Member States

Overview

The following are the terms of the manufacturer’s warranty offered by Yota Devices Limited (‘Yota’) to EU consumers in relation to the YotaPhone and accessories.

For consumers, who are covered by national consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by a manufacturer’s warranty such as that offered by Yota (the ‘Yota Warranty’) are in addition to any and all rights and remedies conferred by such consumer protection laws and regulations, including but not limited to the rights described below.

Consumer protection laws and regulations in EU member states are established under national law through the implementation of the Consumer Goods Directive (EU Directive 1999/44/EC). The Yota Warranty in no way restricts, limits or otherwise affects the rights of consumers under such national laws or the EU directive.


The Yota Warranty

Yota warrants to you, as the original purchaser and end-user of a YotaPhone and accessories (the ‘Products’) purchased from an authorized Yota retailer, that during the warranty period described below (the ‘Warranty Period’) and subject to the exclusions set out below, the Products:


(i) will be free from material defects;
(ii) will be fit for the purpose for which they are intended; and<
(iii) will perform in accordance with the Yota performance specifications applicable to the Products (the ‘Specifications’).

The Warranty Period shall commence on the date of original purchase of the Products by you as the first end-user and shall continue for 12 months thereafter.

The Yota Warranty does not cover faults, defects or non-conformity attributable to any one or more of the matters or circumstances described below.

If the Products are defective or do not conform to the relevant Specifications and you wish to rely on the Yota Warranty, you must (i) inform Yota in writing of the defect or lack of conformity within two (2) months of the problem becoming apparent; and (ii) return the Products without delay to a Yota Devices Authorized Repair or Service Centre for inspection and servicing or replacement.

Please refer to our website yotadevices.com for details of how to contact us; the location of Yota Devices Repair and Services Centres; and a full description of the procedure to be followed in order to rely on the Yota Warranty.

As a consumer, you may have other legal rights and protections including warranties implied by statute and the Yota Warranty does not in any way limit or restrict such rights.


Exclusions to the Yota Warranty

The Yota Warranty will not apply in relation to any fault, defect or lack of conformity with Specifications arising from or in connection with:


(i) fair wear and tear;
(ii) wilful damage, misuse, abnormal storage or working conditions, accident, negligence by you or by any third party;
(iii) any failure to operate or use the Products in accordance with the user instructions;
(iv) any alteration or repair carried out by you or by any third party who is not one of our authorized repairers;
>(v) exposure to extreme temperature, liquid, damp or food spills;
(vi) improper testing, operation or maintenance;
(vii) connection with incompatible sources or implementation of unauthorized software applications;
(viii) use of the Products in conjunction with ancillary or peripheral equipment not supplied by Yota Devices;
(ix) defects related to range, coverage, availability, reliability, grade of service or operation of any cellular network; or
(x) any specification provided by you.

Note: The talk-time, stand-by time and total life cycle of the battery will depend on usage conditions and network configurations.


European Union Consumer Protection

When you purchase Yota products, consumer laws across the European Union provide statutory warranty rights in addition to the coverage you receive from the Yota Warranty. These laws vary from country to country, but in each case are based on the EU Consumer Goods Directive.


The following is a summary of EU-wide consumer laws and the Yota Warranty:
EU-wide Consumer Laws Yota Warranty
Claim period 2 years (minimum) from date of delivery, 5 years in Scotland and 6 years in the rest of the UK11 year from date of original purchase
Cost of coverage Provided at no additional cost Included at no additional cost
How to make a claim Call or visit your seller2Contact Yota using the address details set out at yotadevices.com
Included repair or replacement options Contact the seller for details Carry-in or postal service3
Overseas repair or replacement Contact the seller for details Yes4
Telephone technical support5None 90 days from date of purchase


Where to find more information on EU-wide consumer laws

European Consumer Centres primarily offer free consumer advice and support for citizens of and residents in EU countries, Iceland and Norway, with respect to goods and services purchased from traders based in other EU countries, Iceland and Norway.

For information on EU-wide consumer laws, please visit the European Consumer Centre website at ec.europa.eu.

If you have any questions about consumer laws in your country, please contact your local European Consumer Centre.


Footnotes:


1. In most EU member states, consumers may only claim for defects that were present on delivery. There are some exceptions, including Czech Republic and Romania. The burden to prove that the defect (including latent defects) existed on delivery generally shifts to the consumer after the expiry of a period of 6 months from date of delivery. Examples of countries where the burden of proof does not shift include Czech Republic, Portugal and Romania. Please contact your local European Consumer Centre for details of the position in your country. During the claim period (see above), consumers may claim, among other things, free repair or replacement where a product does not correspond to the contract. Some EU member states, including Finland, Ireland, UK, Netherlands and Sweden, have a claim period that is longer than 2 years from date of delivery. Please contact your local European Consumer Centre for details of the position in your country.
2. In most EU member states, consumers may only claim consumer law rights against the seller from whom they purchased the product. There are some exceptions, including Finland, France and Sweden. Please contact your local European Consumer Centre for details of the position in your country.
3. The availability of each option depends on country in which service is requested and location of the Yota Authorised Service Provider. Yota may also request that the customer replace components with readily installable parts.
4. Yota may restrict service for the YotaPhone to the EEA and Switzerland.
5. Telephone technical support includes assistance with installation, assembly, basic configuration and software-related issues. For contact details please see yotadevices.com.