Service & Repair Program Terms & Conditions

Effective Date: 11 June, 2024

These Terms and Conditions (the "Agreement") set out how CTDi supplies the Repair Program to you.
This Service Program (defined below) is a service provided to You by CTDI Poland Sp. z.o.o. (“CTDi”), located at Logistyczna 7, 05-090 Sękocin Stary, Poland. Regenersis (Warsaw) Sp. z.o.o. is an affiliate of Communications Test Design, Inc. (CTDi), located at 1373 Enterprise Drive, West Chester, PA 19380 U.S.A. tel. +1 610 436 5203.

In addition to the customer services provided by CTDi under the Service Program, Google may also provide customer service assistance for the Service Program and payment is made for the Services through Your Google account. You understand the Service Program and this Agreement is between You and CTDi only.

This Agreement is in addition to, and does not affect, Your statutory rights or Your rights under any applicable manufacturer’s warranty.
Definitions:
- “Address” means a physical street address in the United Kingdom (no P.O. boxes or foreign addresses accepted) that You submit on the Website(s) for shipments relating to Your Device under the Service Program. (CTDi asks that You do not change the Address during the period between Your sending in Your Device for repair and CTDi returning Your Device to You.)
- “Anticipated Repair Cost” means the anticipated cost to repair Your Device that will be provided to You based on the information You submit on the Website(s).
- “Customer” or “You” means you, the Device owner, or a person having legal authority to make decisions about the Device, and who has accepted this Agreement.
- “Device” means Your Device that qualifies for the Service Program, as described on the Websites.
- “Packaging” means the prepaid packaging material You will receive for shipping Your Device to CTDi for repair (after You create Your repair order).
- “Repair” means services to address defects in material or workmanship of Your Device.
- “Replacement” means the provision of a refurbished and tested device which is the same manufacturer and model as Your Device.
- “Service Program” means the service provided to You by CTDi through the Website(s), enabling You to send in your Device for Repair or Replacement, subject to this Agreement.
- “Updated Service Cost” means the actual cost to repair Your Device determined by CTDi after receiving and inspecting Your Device (which may vary from the Anticipated Service Cost).
- “Website(s)” means https://store.google.com.
YOU CONFIRM THAT:
1. You are at least 18 years old and have the legal capacity to participate in this Service Program.
2. You are the only owner of Your Device and no other third party holds any rights of any kind in Your Device (including installment or leasing programs).
3. All information You submitted on the Website(s) as part of the Repair Program (personal information and Device-related information, including Device type and condition) is true and accurate, and that You have read and understood CTDI’s Privacy Policy/Notice (at https://www1.ctdi.eu/data-privacy-2092) before submitting Your information.
SERVICES:
1. SIM Card Removal: Before sending in Your Device, please remove all SIM cards and memory cards.
2. Data Backup: Before sending in Your Device, ensure that You backup all data, software, and programs on Your Device to a different medium or device, because all data, software, and programs on Your Device will be completely and permanently erased by CTDi before inspection and repair / replacement.
3. Correct Device: Ensure that You send in the same Device that You ordered the Services for on the Website(s). If You send in a different device (that does not match Your repair order), CTDi will return the device to You without making any repairs. If CTDi determines after inspection that Your Device does not need any repairs, CTDi will return Your Device to You without making any repairs and no payment will be charged to You.
4. Battery Problems: If there are any problems with the battery of Your Device, Your Device may not be suitable for repair / replacement through the Service Program. Please do not send in a Device with any of the following battery problems:
  1. Battery venting. The battery pouch has been breached, occasionally resulting in hot gases or flames that melt plastics within the device or case.
  2. Battery swelling. Swelling can result from natural aging for batteries, but it can also result from manufacturing defects which may be covered by Your statutory rights or manufacturer’s warranty -- please see the Google Help Pages for more information.
  3. Battery leaking. Electrolyte from the battery can leak if the battery pouch was penetrated for any reason.
  If Your Device has any of the above battery problems, You should take Your Device in person to a Google-authorized repair partner. If You send in a Device with any of the above battery problems, CTDi will return Your Device to You without making any repairs and no payment will be charged to You.
5. Unauthorized Parts: If You send a Device containing non-Google-authorized parts for repair, in certain situations (e.g., safety), Service Provider may not be able to repair Your Device. Service Provider will return Your Device except when health or safety requirements prevent us from doing so. If Service Provider can’t return Your Device, Google will work with You on next steps.
6. Packaging: Please use the Packaging (with prepaid shipping) received from CTDi to send in Your Device. If You use Your own packaging material and ship it Yourself (instead of using the Google-provided prepaid label), and Your Device is lost or damaged during shipment, You will be solely responsible for such loss or damage (CTDi and Google will not be liable for any such loss or damage).
7. Services request and Cancellation: When placing an order on the Website, You will choose the level of service required to repair Your Device at the Anticipated Cost.
  After CTDi receives Your Device, You will receive an email confirming CTDi’s receipt of Your Device.
  
  Should CTDi determine on inspection of the Device that additional Services are required, CTDi will provide You with the additional information about the main characteristics of the additional Repair or Replacement Services for Your Device as well as the Updated Service Cost, including all taxes. Where additional repairs are required, CTDi will obtain Your online approval to the Updated Service Cost before making any repairs.
  
  You have 14 days from the date You placed the order on the Website to cancel this Agreement (as long as CTDi has not yet completed repairs of Your Device or sent you a Replacement). After You have provided online approval and requested immediate performance of the Services, You will lose your right to cancel once CTDi has completed the Services, even if the 14-day period is still running. If You cancel after CTDi has started the Services, You must pay CTDi for the Services provided up until the time You tell CTDi that You wish to cancel this Agreement.
  
  To exercise Your right to cancel this Agreement, You must inform CTDi of your decision by clear statement (e.g. by email or letter) using the contact details in clause G(4) below.
  
  The Repair Services will address defects in material or workmanship of Your Device – not issues relating to software or data failures or incompatibilities on Your Device. CTDi may use parts that are refurbished or like-new (in performance and reliability) to repair Your Device. All replaced (removed) parts will become CTDi’s property and You waive all rights under applicable laws to the replaced (removed) parts.
8. Payment. Once the Device has been inspected (and where applicable any Updated Repair Cost has been approved by You) in accordance with clause D(7), payment will be taken automatically by Google via the payment card registered to Your Google account. Such payment will be subject to the Google payment terms.
  Should you wish to cancel the Repair Services (under clause D(7) above):
  1. Before the Repair Services have commenced, CTDi will reimburse all payments received from You without delay;
  2. Once the Repair Services have commenced, CTDi will reimburse the Agreed Repair Cost (or Updated Repair Cost as the case may be) but will withhold an amount equal to the Repair Services already carried out (as set out in clause D(7) above).
  If repair of Your Device is not possible, CTDi will return Your Device to You without making any repairs and you will not be charged. Any costs already paid by You will be refunded to the original payment amount.
9. Warranty: CTDi will use a reasonable level of skill and care when carrying out Repair Services under the Repair Program. If a non-conforming service is provided or a defect arises in a replacement part or product, CTDi will, at its option, either (a) re-perform the Repair Services, (b) repair or replace the part or product, or (c) refund any payments made for the Repair Services. Where (a) or (b) is unsuccessful, You are entitled to a refund for any payments made for the Repair Services. In the event of (a) to (c) above, CTDi will bear the cost of all packaging and shipping costs incurred by You in exercising Your rights under this clause. Your statutory rights are not affected.
10. Undeliverable Device: If delivery of Your Device could not be completed at Your Address, CTDi will reattempt delivery one time and, if unable to be completed, Your Device will be returned to CTDi and You will be contacted to provide an alternate mailing address. Please provide a valid alternate mailing address for Your Device within a reasonable time period so we can get your Device returned to You.
11. One Device: In order for repairs to be carried out efficiently, CTDi request that You send in only one Device per repair order. If You require repair for more than one Device, please submit separate repair orders for each Device requiring repair.
12. Accessories: Please do not send in a Device with accessories. We cannot guarantee the safety of any accessories sent in and we cannot guarantee that such accessories will be returned to you.
13. Data Protection and Privacy: As part of the Repair Program we may process your personal information, for example, information that you provide us through the Website. We will only use your personal information as set out in our Privacy Policy (at https://www1.ctdi.eu/data-privacy-2092).
14. Repair vs Replacement: CTDi will endeavour to Repair Your Device, where it is practicable and cost-effective to do so, and a Repair can be carried out within a reasonable timeframe. Where CDTi determines (in its sole discretion) that it will only offer a Replacement, you will be offered the choice of taking the Replacement or having your original device returned to you.
DISCLAIMERS & WAIVERS:
1. CTDi and Google are not responsible for data loss, data recovery, or any related damages under this Service Program. It is Your responsibility to backup all personal data, software, and programs from Your Device before shipping it to CTDi. All Devices will be reset before repairs are carried out.
2. If CTDi fails to comply with this Agreement, CTDi is responsible for loss or damage You suffer that is a foreseeable result of CTDi breaking this Agreement or failing to use reasonable care and skill, but CTDi is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
3. You acknowledge that CTDi is solely responsible for execution of the Service Program.
4. CTDi may change these Terms and Conditions to, for example, reflect changes to the law or changes to the Service Program. CTDi will post notice of changes to these Terms and Conditions on this page. Where Your Device is currently under repair at the time of such change, the amended/updated Terms and Conditions will not apply to You and the Terms and Conditions applicable to such repair will be those in force on the date You first submitted Your online repair order.
5. Nothing in these terms limits or affects any legal rights You may have under consumer law and that may not be limited or excluded by contract.
GOVERNING LAW & DISPUTE RESOLUTION:
If you are a Customer living in the European Economic Area, Switzerland, or the UK, the laws and courts of your country of residence will apply to any dispute arising out of or relating to these Terms and Conditions.

Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (link here), but neither CTDi nor Google commits to nor is required to settle any disputes before any alternative dispute resolution entity.
MISCELLANEOUS:
1. Events Outside CTDi's Control. Neither CTDi nor Google will be liable for delay in performance to the extent caused by circumstances beyond its reasonable control. CTDi will take steps to minimize the effect of any delay. If there is a risk of substantial delay You may contact CTDi to end this Agreement and receive a refund for any repairs paid for but not carried out.
2. No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
3. Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of this Agreement will remain in effect.
4. Contact us. If You have any questions or complaints, You can contact CTDi by emailing Support_Google@ctdi.eu. You can contact Google Support here or by calling 0800 328 6081.