General Terms and Conditions for Mobilcirkeln®

With special reference to mobile telephones

General Terms and Conditions apply when the Customer has reported damage to their mobile telephone to their Insurance Company, and the Insurance Company in collaboration with Godsinlösen Nordic AB has decided that compensation for the mobile telephone, in accordance with the terms of the Customer’s insurance policy, is payable in the form of an equivalent mobile telephone (Replacement Device) or, alternatively, repair of the Customer’s device, to be delivered by Godsinlösen Nordic AB.

Clarification: Mobilcirkeln covers both replacement devices and repairs made to the Customer’s device. A troubleshooting process determines which outcome is most beneficial.

Definitions

General Terms and Conditions: Refers to these General Terms and Conditions for Mobilcirkeln.
Insurance Company: The Insurance Company that provides the Customer with insurance cover and which has an agreement with Godsinlösen.

Godsinlösen: Refers to Godsinlösen Nordic AB.
The Customer: The person who has been instructed by their Insurance Company to trade in their damaged mobile telephone at Godsinlösen.

Trade-in Device: The mobile telephone that the Customer sends to Godsinlösen if the compensation results in a Replacement Device.
Replacement Device: The mobile telephone that Godsinlösen sends to the Customer in exchange for the Trade-in Device, and which constitutes the Customer’s insurance compensation.
Repaired Device: The mobile telephone that the Customer has sent in and which Godsinlösen repairs and sends back to the Customer.

Mobilcirkeln: This means that Godsinlösen undertakes to produce an adapted mobile telephone for the Customer, send a telephone of equivalent condition and performance to the Customer, in exchange for the Customer’s damaged mobile telephone.

Godsinlösen’s undertaking with regard to Replacement Devices

Godsinlösen undertakes to provide the Customer with a Replacement Device that is equivalent to the Trade-in Device if this latter device had not sustained damage. This undertaking is made on the condition that the information about the device’s properties that has been submitted by the Customer to the Insurance Company, and which has subsequently been provided to Godsinlösen, is consistent with the properties of the Customer’s Trade-in Device. The information provided by the Customer about the properties of the Trade-in Device, and the Trade-in Device’s actual properties (determined following inspection – see below under the heading “Inspection”) must correspond to the properties of the Replacement Device with regard to

• make
• model
• capacity (= memory)
• performance
• condition

NB: The Replacement Device may be locked for use with a particular telephone network operator. The telephone network operator to which the Replacement Device is locked is, in such case, always the same operator to which the Customer’s Trade-in Device was locked when it was received by Godsinlösen. The Replacement Device will not be bound to any subscription.

Important limitations to Godsinlösen’s undertaking
Godsinlösen does not undertake to deliver a Replacement Device of the same colour as the Trade-in Device. Therefore, the fact that a Replacement Device does not have the same colour as the Trade-in Device does not constitute a fault in the Replacement Device (see below under the heading “Faults with the Replacement Device”).

Acceptance of the terms of the agreement

When the General Terms and Conditions are sent from Godsinlösen to the Customer, this is performed at the request of the Insurance Company.

By the act of sending the Trade-in Device to Godsinlösen, the Customer accepts the General Terms and Conditions.

If the Customer does not send the mobile telephone to Godsinlösen, the Customer is informed that Godsinlösen will forward this information to the Insurance Company.

Applicable legislation

According to Godsinlösen, applicable legislation, as well as any analogue application of legislation which may be of relevance, is:

• Consumer Sales Act (1990:932),
• Swedish Distance and Off-Premises Contracts Act (2005:59),
• Consumer Contracts Act (1994:1512).

Godsinlösen is responsible for ensuring that the terms and conditions are consistent with binding consumer-protection legislation in this field.

Prices and charges

Payment upon collection:
Godsinlösen does not impose any costs or charges on the Customer in conjunction with Mobilcirkeln. Ordinarily, the Insurance Company will charge an excess fee to the Customer for Mobilcirkeln, which is to be paid in conjunction with the collection of the Replacement Device or the repaired device from the collection point.

For further information about the excess fee and the terms and conditions for this, the Customer is referred to the Insurance Company and the terms of the Customer’s insurance policy.

Inspection

Each device that is received by Godsinlösen is subjected to an inspection in order to check that the Customer’s device is consistent with the information about the device’s properties that was received from the Insurance Company. This inspection is performed prior to any action or compensation. If the properties of the Customer’s device do not correspond to the information provided by the Customer in the report to the Insurance Company – for example, if the device is a different model to that described – the mobile telephone will be returned to the Customer (see below for information about the conditions under the heading “Transport”).

Reporting to the Insurance Company and the closing of the case
When the Customer has collected their Replacement Device or repaired device, the case with Godsinlösen is closed by informing the Insurance Company.

Important: SIM card and the deletion of data

The Customer is responsible for performing a security back-up of any information and data contained on their device before it is sent to Godsinlösen. All information and data stored on the Customer’s device will be deleted once the device arrives at Godsinlösen.

The Customer is responsible for removing any memory cards and SIM cards before sending the device to Godsinlösen.

NB: It will not be possible to return memory cards or SIM cards, even if the Customer invokes their warranty or consumer’s right of withdrawal.

Undertaking to delete data

Godsinlösen undertakes to delete all personal information and data contained on the Customer’s device.

Liability disclaimer concerning personal data

By sending their device to Godsinlösen, the Customer accepts that Godsinlösen is free from all liability for damages claims in the event that the Customer loses information that had been stored on the Customer’s device. Information that has been deleted cannot be restored to the Customer, even if (for example) the Customer has invoked their consumer’s right of withdrawal. To ensure the Customer’s security, information is deleted immediately.

Delivery terms and conditions

The Customer’s delivery to Godsinlösen
The Customer’s device shall be sent to Godsinlösen and be in Godsinlösen’s possession by no later than the date stated on the information sheet sent to the Customer by Godsinlösen together with the General Terms and Conditions.

If the Customer’s device has not been received by Godsinlösen by the date stated on the information sheet, the Insurance Company will be informed and the case may be closed if so requested by the Customer’s Insurance Company.

Godsinlösen’s delivery to the Customer

Time period:
Delivery of the Replacement Device or of the repaired device will normally take place within five (5) working days after the Customer’s device has been received by Godsinlösen. In exceptional cases, the delivery may take longer. If the Customer has not received a Replacement Device or the repaired device within ten (10) working days after the Customer deposited their device with their parcel delivery agent, Godsinlösen is considered to be delayed. If Godsinlösen is delayed for reasons that are not attributable to the Customer, the Customer may choose to close the case without cost and the device will be returned to the Customer.

If the Customer’s device does not correspond to the information stated in the report to the Insurance Company, or if there is reason to suspect that it does not correspond to the true properties of the device, the delivery of the Replacement Device or the repaired device may be delayed or cancelled and Godsinlösen will not then be considered to be delayed. Godsinlösen shall inform the Customer and the Insurance Company of the delay or cancelled delivery.

Collection point:
The Replacement Device or repaired device will be delivered to a collection point located in the vicinity of the Customer’s address.

Collection time:
The Customer shall collect the Replacement Device or repaired device within the period specified in the notification sent to the Customer by PostNord or another relevant delivery company. Ordinarily, parcels must be collected in person upon production of a valid form of ID and the order number. If the Customer does not collect the device within fourteen (14) days, it will be returned to Godsinlösen. Godsinlösen is entitled to claim compensation from the Customer for any additional delivery costs incurred by Godsinlösen having to resend the device.

Notification:
The Customer will always receive a notification containing information about when and from where the parcel is to be collected. Notification may be sent via post, email or – if the Customer has submitted a mobile phone number – via a telephone call or SMS text message.

Risk for the Trade-in or Replacement Device

Transport from the Customer to Godsinlösen:
The Customer is responsible for ensuring that the device is not damaged during transport to Godsinlösen. The condition of the Customer’s device is evaluated as being the actual condition it is in at the point at which it is received by Godsinlösen and can be examined.

Godsinlösen takes no responsibility for the theft or loss of a device sent by the Customer to Godsinlösen. The risk for the Customer’s device is transferred to Godsinlösen when it has come into Godsinlösen’s possession.

Recommendations:
Because the goods may be exposed to shocks and impact during transport, the use of packaging incorporating shock-absorbing material is advised. Because the Customer is responsible for ensuring that the device comes into the possession of Godsinlösen, it is recommended that the Customer uses those shipping labels attached by Godsinlösen in a letter or email.

Transport from Godsinlösen to the Customer:

Godsinlösen is responsible for ensuring that devices sent from Godsinlösen reach the Customer’s parcel delivery agent. If the Trade-in or Replacement Device is damaged or lost during transport to the Customer, Godsinlösen will pay any costs incurred. When the Customer has collected the Replacement Device or repaired device from their parcel delivery agent, the risk for the device is transferred to the Customer.

Warranty

From the date on which the Customer collects the Replacement Device or repaired device from their parcel delivery agent, a warranty period comes into effect. Depending on the supplier, the warranty period for Replacement Devices varies between twelve (12) months and three (3) months. For repaired devices, repaired parts are covered by a warranty period of three (3) months. The length of the warranty period is specified in the warranty note that is sent together with the Replacement Device or repaired device.

Scope:

The warranty is only valid for Godsinlösen. The warranty means that Godsinlösen is responsible for any deterioration (with consideration to the limitations listed below) that occurs within twelve (12) or three (3) months respectively from the date on which the Customer collected their Replacement Device or repaired device.

The warranty does not cover (among other things):

(a) Consumable parts, such as batteries or protective coatings, which are designed to lose effect with the passing of time, unless a fault has arisen due to defective materials or execution.

(b) Cosmetic damage, including (but not limited to) scratches, dents and damaged plastic at sockets.
(c) Damage caused by use together with another product that is not recommended.

(d) Damage caused by accident, misuse, incorrect usage, contact with liquid, fire or natural disaster or by another external cause.
(e) Faults caused by normal wear and tear, or due to the natural ageing of the device.

(f) If any serial number on the Replacement Device has been removed or distorted.
(g) Damage caused during service (including upgrades and development) performed by anyone who is not a representative of the manufacturer.

(h) Damage caused by use of the Replacement Device in a way that is not prescribed in the published guidelines for the Replacement Device.
(i) A Replacement Device that has been modified in order to change the functionality or capacity without the written permission of the manufacturer.

Transport when invoking the warranty:

The Customer is responsible for ensuring that the Replacement Device or repaired device does not sustain any damage when being transported to Godsinlösen for a warranty-related matter. It is, therefore, important that the Customer uses adequate packaging for the device when it is to be transported to Godsinlösen.

Delivery terms and conditions for warranty-related matters

Once it has been established that the fault with the Replacement Device or the repaired device is covered by the warranty, Godsinlösen shall send a new Replacement Device to the Customer within five (5) working days.

Faults with the Replacement Device

Regardless of whether or not the twelve (12) month warranty applies to the Replacement Device, the following shall apply:

The Replacement Device is faulty if:

• The Replacement Device cannot be used in the way that a mobile telephone is normally used,
• The Replacement Device is not equivalent to the Trade-in Device with regard to (for example) memory, model, performance, etc., or if
• The Replacement Device otherwise deviates from what the Customer could reasonably expect.

The Replacement Device is not considered to be faulty if (for example) the colour deviates from the colour of the Customer’s Trade-in Device (see above under the heading “Important limitations to Godsinlösen’s undertaking”).

The question as to whether or not the Replacement Device is faulty shall be evaluated at the point in time that the Replacement Device was collected by the Customer from the post office or another parcel delivery agent.

Consumer complaints for Replacement Device

If the Customer wishes to register that the received Replacement Device is faulty, the Customer shall inform Godsinlösen of this fact within a reasonable time period after the fault was noticed or should have been noticed.

A consumer complaint submitted within two (2) months is always considered to be within a reasonable period of time. Consumer complaints submitted after more than three (3) months are always considered to be too late.

A consumer complaint can be submitted by means of a conversation with Godsinlösen or via letter or email (for contact details, see footnote below).

Consumer complaints in the event of delays

If the Replacement Device or the repaired device has not been supplied within the agreed time period, the Customer may only cancel the agreement or claim damages due to delay if the Customer, within a reasonable period of time after having received the Replacement Device or repaired device, has informed Godsinlösen that the delay is being registered (as a consumer complaint).

A consumer complaint can be submitted by means of a conversation with Godsinlösen or via letter or email (for contact details, see footnote below).

Redress, redelivery, cancellation or damages:
The Customer always has the right to demand redress or redelivery in the event that there is a fault with the Replacement Device or the repaired device. If Godsinlösen has not redressed the fault after the delivery of three (3) new Replacement Devices, the Customer is entitled to compensation equal to the value of a functioning, used mobile telephone equivalent to that of the Trade-in Device if the latter device had not been defective.

The Customer may cancel the agreement if the Replacement Device is faulty and Godsinlösen has not redressed the fault after the delivery of three (3) new Replacement Devices. Godsinlösen will then return the Trade-in Device and inform the Insurance Company that the Customer has cancelled the agreement, stating that any excess fee shall be repaid to the Customer by the Insurance Company.

The Customer may, in certain cases (for example, if damage has occurred due to negligence on the part of Godsinlösen), claim damages to compensate for the damage sustained.

Personal information

(a) Underlying principles:
Godsinlösen is the data controller with responsibility for the processing of personal information in accordance with the General Terms and Conditions.

Godsinlösen works to protect the Customer’s personal integrity and endeavours to always protect the Customer’s personal information in the best possible way. It is the objective of Godsinlösen to follow all applicable laws and regulations concerning the protection of personal data. This policy helps the Customer to understand which information is collected by Godsinlösen and how it is used.

(b) The information that is processed and why:
Godsinlösen stores personal information that the Insurance Company provides (or has provided) to Godsinlösen, or that Godsinlösen has collected via the website if the Customer has completed an application for a new shipping label. The personal data saved by Godsinlösen comprises the Customer’s forename and surname, email address, home address and telephone number, and mobile telephone number. Godsinlösen stores this information in order to be able to perform the commission assigned to Godsinlösen by the Insurance Company. In order to be able to follow the Customer’s case, Godsinlösen must be able to track which Trade-in Device or Replacement Device belongs to which Customer, and be able to inform the Insurance Company of the status of each case being handled by Godsinlösen. The information is also needed so that the Customer shall be able to contact Godsinlösen and receive information about their specific case, which the Customer may do at any time while the case is active with Godsinlösen.

(c) Consent:
By expressing consent to the passing of the Customer’s information from the Insurance Company to Godsinlösen, the Customer also consents to the processing of their personal information in accordance with what is stated in the General Terms and Conditions. The Customer always retains the right to request information each year (and at no cost) about their own personal data, as well as the right to correct erroneous information. This can be done by contacting Godsinlösen using the contact information stated in the footnote below. The Customer may also contact Godsinlösen in order to obtain more information about how their personal data is processed.

(d) Purpose:
The data is only used for the purpose of sending information to a Customer who has an ongoing insurance case with their Insurance Company which also involves Godsinlösen. The Customer’s personal information is never disclosed to a third party, other than to the Insurance Company. The Insurance Company is also the party that has initially submitted the Customer’s personal data to Godsinlösen. The personal data is submitted to the Insurance Company so that the Customer is able to receive their insurance compensation in accordance with the terms of their insurance policy, so that Godsinlösen can report that the Customer has not sent in the Trade-in Device, and so that Godsinlösen shall be able to report to the Insurance Company concerning the progress of the case. The Customer’s information will be deleted if so requested by the Customer or the Insurance Company.

Resolution of disputes

Any disputes shall be resolved in a general court. The Customer also retains the right to contact the National Board for Consumer Disputes (ARN).

In the event of any queries,

Please contact Godsinlösen’s customer service on
+46(0)46-271 88 00 or at info@godsinlosen.se or at the address stated in the footnote below.