[TO BE REVIEWED BY A LAWYER] — Provisional template to be validated, in particular the warranty, liability and withdrawal clauses.
Article 1 — Purpose and scope
These Terms of Sale govern the component-level ("Level 3") micro-soldering repair services for MacBook computers offered by BoardRepair (the "Provider") to its customers (the "Customer"). The service is provided mainly on a mail-in basis: the Customer ships their device, it is repaired, and it is shipped back. Placing an order implies unreserved acceptance of these Terms.
Article 2 — Free quote and diagnosis
A diagnosis and quote are provided free of charge after the device is received. The quote states the fault identified, the planned operations and the price. No repair is undertaken without the Customer's prior approval of the quote.
Article 3 — "No fix, no fee"
If the Provider is unable to repair the fault for which the device was submitted, no repair fee is charged. The Customer remains liable for the return shipping costs of the unrepaired device [Return costs on failure: to complete]. [TO BE REVIEWED BY A LAWYER]
Article 4 — Prices
Prices are stated in euros and are inclusive of all taxes for consumer Customers. If the Provider is under the French VAT exemption scheme (franchise en base), the statement "VAT not applicable, art. 293 B of the French Tax Code" applies [VAT scheme to be confirmed based on the Provider's status]. The applicable price is that of the quote accepted by the Customer. Any shipping costs are stated before the quote is validated.
Article 5 — Turnaround times
The indicative turnaround is 3 to 5 business days from receipt of the device and acceptance of the quote, subject to component availability. This time is indicative unless otherwise agreed in writing. If an agreed time is exceeded, the consumer Customer has the rights provided by the French Consumer Code (formal notice, then rescission of the contract where applicable). [TO BE REVIEWED BY A LAWYER]
Article 6 — Shipping and return of the device
- The Customer is responsible for packaging and shipping the device to the Provider. Using an insured, tracked shipping method is recommended.
- The Provider accepts no liability for damage or loss during the inbound shipment, carried out under the Customer's responsibility.
- After repair, the device is shipped back to the address given by the Customer. Return terms and insurance are stated in the quote [Return terms and insurance: to complete].
Article 7 — Commercial warranty and statutory guarantees
Commercial warranty. Each repair is covered by a 90-day commercial warranty, free of charge, from the date the device is shipped back. It covers solely the work performed and the components replaced by the Provider. Excluded: any new fault unrelated to the work, damage from liquid, drops, power surges, misuse, third-party intervention, and normal wear.
Statutory guarantees. Independently of the commercial warranty above, the consumer Customer benefits from the statutory guarantees provided by law, in particular the statutory guarantee of conformity (art. L217-3 et seq. of the French Consumer Code) on the parts supplied and the guarantee against hidden defects (art. 1641 et seq. of the French Civil Code). The commercial warranty does not replace these statutory guarantees and in no way limits them. [Exact regime applicable to the service (works contract / sale of parts) and full reproduction of the statutory texts: to be finalised.] [TO BE REVIEWED BY A LAWYER]
Article 8 — Right of withdrawal
The consumer Customer has, in principle, a fourteen (14) day period to withdraw from a distance contract, without giving any reason (art. L221-18 et seq. of the French Consumer Code).
As the repair is a service, its performance only begins after the Customer approves the quote. By approving the quote, the Customer:
- expressly requests that the service be performed before the end of the withdrawal period;
- acknowledges that the right of withdrawal will be lost once the service is fully performed (art. L221-28, 1° of the French Consumer Code).
If the Customer withdraws after performance has begun at their request, they owe an amount proportional to what has been provided up to the time they communicate their decision. The model withdrawal form is available on request. [Collection of consent at quote approval and model form: to be set up.] [TO BE REVIEWED BY A LAWYER]
Article 9 — Liability
The Provider's liability is limited to the proper performance of the agreed repair service. The Provider cannot be held liable for indirect damages (loss of business, loss of data, etc.). Any compensation is capped as permitted by law [Liability cap / insurance: to complete]. [TO BE REVIEWED BY A LAWYER]
Article 10 — Data and backup
Component-level repair may affect data stored on the device. The Customer is responsible for making a full backup of their data before shipping. The Provider cannot be held liable for any data loss. Personal data is processed in accordance with the Privacy Policy.
Article 11 — Unclaimed devices
If the device is not paid for or collected within [period to complete] after notice that it is available, storage fees may apply and, on expiry of the statutory periods, the device may be treated as abandoned. [TO BE REVIEWED BY A LAWYER]
Article 12 — Disputes and mediation
These Terms are governed by French law. Before taking any action, the Customer is invited to contact the Provider to seek an amicable solution.
In accordance with articles L611-1 et seq. of the French Consumer Code, every consumer Customer has the right to use, free of charge, a consumer mediator to settle a dispute amicably. The Provider's designated mediator is: [Consumer mediator name, postal address and website: to complete] [TO BE REVIEWED BY A LAWYER].
Failing an amicable settlement, the dispute may be brought before the competent courts under the ordinary rules of law.