TCL SELF RMA SERVICE

TERMS AND CONDITIONS

EFFECTIVE DATE: 01 AUGUST 2021

IMPORTANT: PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE TCL SELF RMA SERVICE. LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THESE ENTIRE TERMS. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE TCL SELF RMA SERVICE, YOU MAY ALSO BE SUBJECT TO THE SPECIAL TERMS, GUIDELINES AND CONDITIONS APPLICABLE TO THAT TCL SELF RMA SERVICE, WHICH SHALL PREVAIL OVER THE TERMS SET OUT HEREIN. IF YOU USE TCL SELF RMA SERVICE, YOU CONFIRM THAT YOU UNDERSTAND, AGREE TO AND WILL BE BOUND BY ALL OF THESE TERMS.

1. Overview

1.1   These Terms and Conditions (“Terms”) govern your use of the TCL SELF RMA SERVICE (as defined below) and are a legal agreement between the end user (you or your) and Shenzhen TCL New Technology Co. Limited and its affiliates (TCL, our, we or us). Before using the TCL SELF RMA SERVICE, you should read these Terms carefully. By clicking “I have read and accept the Terms & Conditions”, you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and other related agreements incorporated into these Terms by reference, and you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the TCL SELF RMA SERVICE.

1.2   TCL reserves the right to modify these Terms at any time without prior notice.

1.3   Personal information which we collect or that we otherwise obtain in connection with your use of TCL SELF RMA SERVICE is handled in accordance with our Privacy Policy.

1.4   “For the purpose of these Terms, “affiliates” of Shenzhen TCL New Technology Co. Limited means a company in which TCL Communication Technology Holdings Limited owns or controls, directly or indirectly more than twenty percent (20%) of the share capital or voting rights. 

2. General

2.1   You hereby represent and warrant that you must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your jurisdiction. If you do not meet the above requirements, your parent/legal guardian must provide consent to your use of TCL SELF RMA SERVICE, and you shall only use TCL SELF RMA SERVICE under the guidance and supervision of your parent and/or legal guardian. If you are a parent/legal guardian permitting your child to use TCL SELF RMA SERVICE, you agree to: (A) supervise your child’s use of TCL SELF RMA SERVICE; (B) assume all risks and any liability associated with your child’s use of TCL SELF RMA SERVICE; and (C) assume responsibility and are bound by these Terms for your child’s use of TCL SELF RMA SERVICE.

2.2   TCL SELF RMA SERVICE refers to the online troubleshooting and repair booking on the TCL website.

3. How to make a repair request under the TCL Limited Warranty

3.1   Repair request via TCL SELF RMA SERVICE is available for specific products listed on the website (the “Product”) which are still covered by TCL Limited Warranty.

3.2   Repair request via TCL SELF RMA SERVICE is not available in every country. To date, it is available for user having purchased a Product in the following countries: Spain, Poland, Italy.

It is reminded that if you do not live in the country where the Product was originally sold to you then, (a) warranty repair or service may not be possible in your country; (b) you may be required to agree to terms and/or to pay certain costs (including but not limited to, shipping and handling costs); (c) the warranty repair or service, if possible, may take longer than normal to complete.

3.3   Do not make a repair request via TCL SELF RMA SERVICE for a product which is not eligible otherwise you will be requested to pay handling cost and shipping costs (the “Processing cost”). The Processing cost is:

The product will be returned to you upon receipt of the payment by our repair service provider.

3.4   A free of charge repair will not be carried out by us if the Product is not covered by TCL Limited Warranty which is offered voluntarily by TCL.

3.5   IN THIS REGARD, PLEASE REMEMBER THAT AS THE CONSUMER YOU MAY HAVE LEGAL (STATUTORY) RIGHTS THAT ARE IN ADDITION TO THOSE SET OUT IN TCL LIMITED WARRANTY, SUCH AS THE CONSUMER LAWS OF THE COUNTRY IN WHICH YOU LIVE (“CONSUMER RIGHTS”). TCL LIMITED WARRANTY DOES NOT REPLACE OR EXCLUDE ANY OF YOUR CONSUMER RIGHTS RELATING TO THE TCL DEVICE.

3.6   In particular, TCL Limited Warranty is not applicable for defect due to (without any limitation):

(A) non-compliance use with the instructions for use or installation, or with technical and safety standards applicable in the geographical area where your Product is used;

(B) connection to any equipment not supplied or not recommended by us;

(C) repair performed by individuals not authorized by us or our affiliates;

(D) modification, adjustment or alteration of software or hardware performed by individuals not authorized by us;

(E) inclement weather, lightning, fire, humidity, infiltration of liquids or foods, chemical products, intrusion or download of malicious files/software (malware), crash, high voltage, corrosion, oxidation.

3.7   Product found out of warranty by us or by our repair service provider will be returned upon payment of the following Processing cost:

3.8    

, unless the product is capable of being repaired and you decide to accept the quote provided by the repair service provider.

For clarity, we do not provide out of warranty services and consequently we do not assume any liability or responsibility with respect to the repair service provider’s quote and performance. For out of warranty services, the repair service provider is not acting as our subcontractor.

3.9   Product out of warranty may be repaired if the product is capable of being repaired. To that end, you may directly liaise with a repair service provider to obtain a quote or contact our hotline. In this regard, please notice that the estimated price mentioned on our website (if any) is only indicative and is not binding on any repair service providers. In addition, please notice that we do not provide out of warranty services and consequently do not assume any liability or responsibility with respect to the repair service provider’s quote and performance. For out of warranty services, the repair service provider is not acting as our subcontractor.

3.10 We may subcontract any part of our services to our chosen service provider at our sole discretion.

3.11 In order to make an online repair request under the [TCL Limited Warranty], you will need to submit your request via this website and follow the following steps:

-          Step 1: Select your product and model

-          Step 2: Go through the troubleshooting steps that will help identify your issue and provide a possible solution without sending the unit in for repair

-          Step 3: fill in the IMEI/SN of your product (the IMEI must match the model you selected)

-          Step 4: fill in your contact details

At this stage, you will also be invited to “acknowledge that you have read our Privacy Policy by clicking “I have read the Privacy Policy”

-          Step 5: Read the shipping instruction.

-          Step 6: Select the accessories you need to send for repair. Please DO NOT send any accessories with your device unless the fault might be on the accessory side.

-          Step 7: check the summary of the RMA request and correct any mistakes. You are able to go to the previous step to make corrections by click ‘Previous’ button.

-          Step 8: you will be invited to read the Terms which will be presented on the screen and to accept these Terms by clicking “I have read and accept the Terms & Conditions”

-          Step 9: Validate the RMA request by clicking the “Submit” button. Once validated, you will receive by email a summary of the RMA along with the shipping instructions.

Remove from your Product any peripherals (memory card, SIM card) and personal and confidential data (photos, accounts, contacts etc.) before sending your Product as during the servicing (repair or replacement) content on your Product may be deleted, reformatted, or configured as originally purchased (subject to then current updates and upgrades of software) and peripherals removed may not be returned to you.

Make sure your Product is not protected by any password or lock code.

4         Your Representations, Warranties and Undertakings

4.1   You represent, warrant and undertake that:

(A) your use of TCL SELF RMA SERVICE will be compliant with these Terms;

(B) you will only access and use TCL SELF RMA SERVICE for personal, private and non-commercial purposes;

(C) you will not, and will not aid or assist any person to, access or use TCL SELF RMA SERVICE for any commercial, unlawful or illegal purpose;

(D) you will at all times when accessing and using TCL SELF RMA SERVICE comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;

(E) all information (including personal data) that you provide to us is true, accurate and complete at the time provided, and you will promptly notify us in the event of any change to such information. We will not be responsible for any loss suffered from you being unable to use your TCL SELF RMA SERVICE if it is caused by you providing incorrect, illegal, incomplete, or false information to us. Without limiting anything in this clause, you must not impersonate or misrepresent yourself as another person and we reserve the right to reject, block or cancel you request if it is suspected to be an impersonation, misrepresentation or misappropriation of another person’s name or identity.

5         Data Protection and Privacy

5.1   Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.

6         Disclaimer

6.1   You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any liabilities or responsibilities for any direct, indirect, collateral, derivative or other losses or liabilities (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using TCL SELF RMA SERVICE that arise in connection with events out of our control, including under the following circumstances:

(A) malfunction of or inability to operate or use TCL SELF RMA SERVICE normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;

(B) interruption or delay or malfunction of or inability to operate or use TCL SELF RMA SERVICE caused by system viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reasons beyond our control;

(C) interruption, termination or delay or malfunction of or inability to operate or use TCL SELF RMA SERVICE caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;

(D) interruption or delay or malfunction of or inability to operate or use TCL SELF RMA SERVICE due to Internet connectivity issues; or

(E) loss or liability you may suffer due to your unlawful or improper use of TCL SELF RMA SERVICE or any breaches of these Terms by you.

7         Limitation of Liability

7.1   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation; liability for damages caused by willful misconduct or gross negligence; or any breaches of the obligations implied by applicable consumer protection laws.

7.2   You will indemnify and keep indemnified TCL, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit that are not permitted by these Terms.

7.3    Subject to clause 7.1, TCL excludes all liabilities for indirect loss, consequential loss, loss of income, revenue, business or profits, or any losses of data or corruption of data in connection with your use of TCL SELF RMA SERVICE. In addition, you acknowledge that TCL SELF RMA SERVICE is intended for domestic and private use, and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.

7.4   Without limiting clause 7.2, if you breach these Terms and to the extent permitted by law, you will be liable to TCL, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claims arising out of your breach. Where appropriate, you will also be liable for any actions taken by TCL as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.

8         Term and Termination of Services

8.1   These Terms shall be valid and in effect as from the date they are accepted by you. Any use of TCL SELF RMA SERVICE will require an acceptance of relevant Terms.

8.2   You understand and agree that we have the right to terminate all or any part of the TCL SELF RMA SERVICE temporarily or permanently based on our operational policies and subject to the applicable laws at any time, or for any of the reasons set out in these Terms.

8.3   We will endeavor to promptly notify the suspension or termination of TCL SELF RMA SERVICE according to applicable laws, including by general notice on our websites and platforms.

8.4   We may terminate or suspend these Terms at our sole discretion in the following circumstances, without liability whatsoever to you:

(A) any breaches by you of these Terms or any other terms and conditions relating to our services which are mentioned in these Terms;

(B) if required by applicable laws, regulations or government actions or if requested by law enforcements, judicial bodies or other government agencies;

(C) due to technical or security issues or problems beyond our control;

(D) any unlawful or fraudulent activities on your behalf;

(E) if we decide to discontinue any part of the TCL SELF RMA SERVICE or replace it with an alternative service.

8.5   Unless otherwise specified in these Terms, termination will not affect rights, obligations and liabilities accrued before the date of termination.

9         GOVERNING LAW AND JURISDICTION

9.1   THESE TERMS ARE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (EXCLUDING THE LAWS OF HONG KONG SAR, MACAO SAR AND TAIWAN) (CHINA), EXCEPT AS OTHERWISE PROVIDED BY ANY MANDATORY APPLICABLE LAW IN YOUR JURISDICTION, IN WHICH CASE THE GOVERNING LAW IN RELATION TO ALL OR PARTICULAR RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL BE THE LAWS OF YOUR USUAL PLACE OF RESIDENCE.

9.2   THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY EXCLUDED FROM APPLICATION TO THESE TERMS.

9.3   TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT OF A DISPUTE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF TCL SELF RMA SERVICE, TCL AND YOU SHALL ATTEMPT, PROMPTLY AND IN GOOD FAITH, TO RESOLVE ANY SUCH DISPUTE. IN THE EVENT THAT NO RESOLUTION CAN BE CONCLUDED WITHIN 30 DAYS FROM THE DATE WHEN SUCH DISPUTE HAS FIRST BEEN RAISED BY EITHER PARTY, EITHER PARTY SHALL HAVE THE RIGHT TO SUBMIT THE DISPUTE (WHICH MAY BE CONTRACTUAL OR NON-CONTRACTUAL) TO THE COMPETENT COURTS OF CHINA AS THE EXCLUSIVE DISPUTE RESOLUTION VENUE, UNLESS APPLICABLE MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION PROHIBITS FROM CONFERRING SUCH JURISDICTION IN WHICH CASE THE COURT OF YOUR USUAL PLACE OF RESIDENCE WILL APPLY TO SUCH DISPUTES RELATED TO THESE TERMS. THIS DOES NOT AFFECT YOUR RIGHT TO START PROCEEDINGS TO PROTECT YOUR LEGAL POSITION.

9.4   If you are a citizen of any European Union member states, after prior written request to TCL, you may also submit any claims on the dispute resolution platform by the European Commission at the following address: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en. The European Commission will transfer your claim to the notified competent national mediators.

10     Language

10.1 Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.

11     Miscellaneous

11.1 If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with valid provisions that best embodies the intention of these Terms, so that these shall remain in full force and effect.

11.2 These Terms constitute the entire agreement between you and TCL with regard to your use of TCL SELF RMA SERVICE, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such use are hereby superseded and cancelled.

11.3 TCL reserves the right to modify these Terms at any time. When we do so, we will update the Effective Date above.

11.4 If you have any questions or concerns on our TCL SELF RMA SERVICE, please contact us at the contact information published at the website: [https://www.tcl.com/content/choose-country/choose-country.html] by choosing your country of residence.