LUX PROTECT Warranty Card

(hereinafter referred to as "Regulations")

Version effective as of 1.07.2023.

§ 1

General provisions of the Regulations

(1) The Warranty Card specifies the scope and terms of LUX PROTECT's warranty for Users of the Equipment, the procedure to be followed in case of conclusion of distance contracts, and rental contracts concluded in the showroom.

(2) Lux Trade undertakes to process LUX PROTECT warranty claims in accordance with the terms and conditions set forth in the Terms and Conditions. Lux Trade reserves the right to provide the LUX PROTECT Service using third parties.

(3) The User is obliged to use LUX PROTECT warranty claims in accordance with its purpose and under the terms and conditions set forth in this Warranty Card.

(4) The provisions of:

1) Civil Code Act (Journal of Laws 2022.1360 i.e. dated 2022.06.29 as amended).

2) The Law on Consumer Rights (Dz.U.2020.287 i.e. dated 2020.02.21 as amended) and other relevant generally applicable legal acts.

§ 2

Definitions

The LUX PROTECT Warranty Card is a warranty statement within the meaning of Article 577 of the Civil Code Act (Journal of Laws 2022.1360 i.e. dated 2022.06.29 as amended), which defines the obligations of the guarantor (Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.)) and the rights of the buyer (User) in case the sold thing is damaged as a result of mechanical failure. This service is a separate warranty from the basic warranty provided by Luxtrade. Further rules of the guarantor's liability and exclusions are defined in these terms and conditions.

Other terms used in the following part of the Warranty Card mean:

1. lock - any application or feature that prevents access to the Device, including locking by password, code, pattern, fingerprint or facial recognition system.

2. Proof of Sale - a bill, receipt, invoice or other document issued by Lux Trade confirming the purchase of the LUX PROTECT extended warranty, which includes the price of the service and the date of the extended protection.

3. proof of purchase - a bill, receipt, invoice, or other document confirming the purchase of the Device from the Lux Trade store, which includes the purchase price, the date of purchase (e.g. transfer confirmation).

4. business day - any day of the week from Monday to Friday, excluding public holidays.

5. screen - part of the device - the LCD matrix, used to display the image.

6. warranty - the basic warranty provided to the User for the purchased Equipment by Lux Trade.

7. Hotline - a call center for Users, accepting reports of Damage, providing information on the status of the Repair, as well as providing support in preparing the Device for return to the Repair Shop.

8 Abuse - the use of the User's rights in a manner contrary to their social and economic purpose (as defined in Article 140 of the Civil Code) or the rules of social intercourse. If abuse is found, Luxtrade shall make an appropriate annotation in the Expert Report.

9. repair: only the removal of the Damage defined in accordance with these Terms and Conditions.

10. serial number/IMEI/SN number - (International Mobile Equipment Identity/Serial Number) -.

the individual identification number of the Device. In the case of dual SIM Devices, this is

IMEI number defined first.

11. LUX PROTECT Fee - a fixed fee paid by the User, the amount of which depends on the price of the Device and the duration of the Contract, payable on the basis of the Proof of Sale issued by Luxtrade in advance for the entire LUX PROTECT warranty period.

12. Repair Point - Luxtrade's service center at 13 Rybnicka Street in Pszczyna.

13 Parties - jointly the User and Luxtrade.

14. agreement - LUX PROTECT warranty agreement concluded between the User and Luxtrade.

15. Device - Apple cell phone model 6s to 14 (1), as well as Apple Watch series 4, 5, 6, 7, SE covered by the Agreement, purchased as a new, post-lease, or used Device, used by the User exclusively for private, non-business or professional purposes. At the time of purchase, the Equipment must have been placed on the market in the territory of the Republic of Poland, and its purchase must be confirmed by a Proof of Purchase. The LUX PROTECT Extended Warranty is valid only if the User decides to purchase this warranty option and has the Proof of Sale. If the LUX PROTECT Extended Warranty is not taken out, the User is entitled to the Basic Warranty without any additional charges.

(1) Detailed list of models: 6s,7, 7+, 8, 8+, X, Xs, Xr, Xs Max, 11, 11pro, 11 pro Max, 12 mini, 12, 12 pro, 13, 13 mini, 13 pro, 13 pro Max, 14, 14 pro, 14 pro Max.

16. LUX PROTECT Extended Warranty Service - a service provided by Luxtrade to the User under the terms of this LUX PROTECT Warranty Card that includes:

1) Hotline - accepting reports of Damage and informing about the status of repair of the Device,

2) Repair of the indicated component. Repair may take place 1 time during the entire warranty protection service under the LUX PROTECT Extended Warranty, regardless of its cost.

17 LUX PROTECT BOX Service: LUX PROTECT Extended Warranty extended to include screen protection with additional protective glass.

18. SPA Service: a service to clean the interior of the device, cleaning the call speaker and media mesh speaker. The service is performed within a maximum of 7 days after receiving the device. If it is possible to perform the service in a stationary store, the service is performed immediately.

19.Damage - damage to the display, or screen of the device that occurs after the conclusion of the Agreement and requires repair.

20. User - an individual, legal entity or organizational unit without legal personality that owns the Device or a person using the Device with the consent of the owner, who benefits from the LUX PROTECT extended warranty.

21. display - the part of a cell phone / smartphone / tablet / other mobile device used to display information (letters, numbers or graphics), which may be integrated into the touch panel, as well as the glass on this part of the Device.

22. Luxtrade - Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.) with its registered office in Pszczyna, Rybnicka 13 Street, 43 - 200 Pszczyna, entered in the register of entrepreneurs kept by the District Court in Katowice, VIII Economic Department of the National Court Register, under the KRS number 0001082010, with NIP: 6381825171, REGON: 3677811546, with the share capital of PLN 5,000, also referred to interchangeably as the Guarantor.

23. flooding of the Device - direct action of liquid, including moisture, or water on the Device.

§ 3

Conclusion, duration and variant of the LUX PROTECT Extended Warranty

(1) The contract is concluded for a period of 12 months for smartwatch class devices 24 months for smartphone class devices, or for any other period specified in the statement on the basis of the Vendor's document. A person acquires the right to use the service from the day after the conclusion of the contract. Only the device indicated in the proof of sale may be covered by the contract.

(2) The service can be purchased together with the purchase of the device in the Luxtrade network (at the time of purchase), or up to 14 days after the purchase. If you wish to purchase the LUX PROTECT service after taking possession of the device, you must present the device at the showroom to verify the existence of any mechanical damage.

(3) The service can also be purchased for devices purchased outside the Luxtrade network after servicing the device under the SPA service. In the case of positive verification of the condition of the device, the User may extend the protection of the device by purchasing the service LUX PROTECT, or LUX PROTECT BOX.

(4) In the case of purchase of LUX PROTECT or LUX PROTECT BOX service after SPA service, the price of SPA service is 1 PLN.

(5) The scope includes the repair of damage as defined in § 2 of the Warranty. The LUX PROTECT extended warranty does not include replacement of the device with a new one, or cash refund.

(6) The parties agree to abide by the terms of the LUX PROTECT Warranty Card. Luxtrade specifically undertakes to fulfill warranty claims during the term of the LUX PROTECT Extended Warranty under the terms and conditions set forth in the LUX PROTECT Warranty Card. In particular, the User agrees to pay the Fee within the period indicated in the Sales Document

7 If the User has made a distance purchase as a consumer or an individual concluding a contract directly related to his/her business activity, and the contract for this person is not of a professional nature, arising in particular from the subject of his/her business activity, made available on the basis of the CEIDG regulations, he/she may withdraw from the contract without giving any reason within 14 days from the date of its conclusion. For this purpose, the User should address an appropriate statement of intent to Luxtrade.

(8) In the case of additional use of LUX PROTECT BOX (additional protection of the screen with protective glass) and withdrawal from the contract, the value of the fee for the LUX PROTECT Extended Warranty alone shall be refunded (without the cost of the protective glass and its installation).

(9) In case of cancellation of the LUX PROTECT Extended Warranty, the fee will be refunded in full. The same method of payment used by the User during the original transaction will be used to refund the fee, unless the User expressly agrees to a different method of refund that will not incur any costs for the User.

(10) The LUX PROTECT extended warranty is not subject to termination. The LUX PROTECT warranty expires as a result of the events specified in the LUX PROTECT Warranty Card.

(11) The fee is charged for the entire period of warranty protection in advance.

(12) The LUX PROTECT extended warranty shall expire at the expiration of the period for which it was granted, after the first repair performed, or when Luxtrade determines that an Abuse has occurred. In this case, the User shall receive a refund of the fee for each calendar month of the LUX PROTECT Extended Warranty period that has not started, except in the case of realization of a repair of the device.

§ 4

Form and manner of reporting the damage

In order to use the Repair, the User shall report the Damage by sending a message to the following address

e-mail: kontakt@luxtrade.pl or calls the Hotline at telephone number: 729 053 053, within 3 Business Days of the occurrence of the Damage. The following information/documents will be required during the notification:

1) Name of the User,

2) description of the Damage to the Device,

3) the address to which the Device will be returned after the Repair, as well as the details of the sender and recipient of the shipment, respectively,

4) telephone number or e-mail address at which the Hotline may contact the User,

5) details of the manufacturer, model and serial number/IMEI/SN number of the Device,

6) a copy of the Proof of Purchase,

7)the date the damage occurred,

8)confirmation from the User that the lock on the Device preventing the Repair,

9) such other information as requested by the Operations Center, if necessary to fulfill the warranty claims of the LUX PROTECT Extended Warranty under this LUX PROTECT Warranty Card.

(2) The Damage Report shall be deemed accepted on the date on which Luxtrade confirms that the User has correctly and completely provided all information and documents referred to in paragraph 1 above.

(3) A report of Damage shall be deemed accepted on the day when Luxtrade confirms that the User has correctly and completely provided all information and documents referred to in paragraph 1 above.

(4) The User shall submit the Device for Repair by:

1) Sending by courier to Luxtrade address Rybnicka 13 Street 43 - 200 Pszczyna;

2) Delivery to one of the company's showrooms, a list of which can be found at www.luxtrade.pl/kontakt;

Before handing over the Device, the User should:

1) secure the data stored in the Device that may be deleted during the Repair,

2) remove SIM cards, memory cards, remove Pay Pass proximity stickers from the Device,

3) remove Locks and other features that impede access to the Device - if possible,

4) secure the Device for transportation to prevent further damage and contact with moisture,

5) do not attach any documents containing personal information to the shipped Device.

6) remove personal data and photos from the Device for the duration of repair. Luxtrade informs about the possibility of deleting any data stored on the Device without knowing its content (e.g. by restoring to factory settings) in case of necessity of such operation and the User will not be entitled to any claims on this account, which the User acknowledges by reading these Regulations.

(5) In the event of a Damage, the User is forbidden to make any changes or initiate repairs to the Device.

§ 5

Schedule of Repairs

1. Luxtrade guarantees:

1) Repairs shall be completed within 14 Business Days of delivery of the Device to the Repair Shop.

(2) Luxtrade shall not be liable for failure to meet the deadlines indicated in paragraph 1 above if:

1) the data provided by the User, referred to in § 4.1 of the Terms and Conditions, were untrue or outdated.

2) the Lock on the Device was not removed, despite the fact that it was possible to do so,

3) the User did not provide the Serial Number/IMEI/SN number.

4) removal of the Damage requires the User's agreement to pay a surcharge or repair costs.

5) parts necessary for the Repair are not available.

These deadlines are extended by the time necessary to complete the information or remove the obstruction

§ 6

Special obligations of the User and additional reservations

(1) In particular, the User undertakes to:

1) Provide the device without photos and other personal data, which should be transferred to another device for the duration of the service.

2) To deliver the device without a case and additional accessories (such as headphones). If these accessories are delivered, they may be permanently removed at the risk of the User.

3) To choose the method of delivery of the device specified in par. 4 para. 4, and in the case of choosing courier delivery also to properly protect the Device for the time of shipment.

(2) Luxtrade reserves the right to restore the Device to factory settings during Repair, which may involve the loss of data stored on the Device.

(3) Luxtrade reserves the right to repair using new or refabricated components. In the case of new components, these may be original components, with properties comparable to the original ones not manufactured by the manufacturer, or replacement components, depending on the market availability of components. Each time, Luxtrade shall be liable to the User for parts and assembly on the basis of generally applicable regulations.

(4) Luxtrade reserves the possibility that the message "It is not possible to verify whether this iPhone has an original display" or other equivalent message may occur after replacement. This message does not affect the performance of the device and is a normal phenomenon for this type of repair.

§ 7

Limits and exclusions of liability

(1) Not covered by the LUX PROTECT extended warranty are:

1) Damage to devices subjected to modifications and alterations made by the user, or by third parties, including other (not related to Luxtrade) service points.

2) Devices in which other than dedicated software has been uploaded, software from a source not authorized by the manufacturer, or in which the last system update was found to be missing.

3) Devices for which Luxtrade is responsible on the basis of the warranty, or Basic Warranty if the User makes a choice of which entitlement he wishes to exercise.

4) Damage caused by means other than mechanical (surges).

5) Damage caused by flooding, or dampness of the device.

6) Damage of an aesthetic nature (scratches, dents, abrasions) not affecting the operation of the device.

7) Consisting of gradual deterioration caused by natural wear and tear of the item;

8) Re-repair of the same device in accordance with § 2.16.2 of the Regulations. However, in such a situation, a paid service is possible.

9) The costs of accessories such as cases, protective films and glasses, etc. are not refundable. If it is necessary to remove the film, it is subject to disposal.

(2) In the case not covered by the LUX PROTECT Service, the User shall bear the cost of shipping and repair - if he chooses.

§ 8

Processing of personal data

(1) The processing of personal data shall be carried out in accordance with the principles provided for in the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (RODO) and the Act on Personal Data Protection of May 10, 2018. (i.e., Journal of Laws 2018, item 1000 as amended).

(2) With regard to the provision of warranty claims of LUX PROTECT under this Warranty Card, the administrator of the User's personal data is Luxtrade.

3. the full content of the information clause of the administrator of the User's personal data can be found at https://luxtrade.pl/content/12-klauzula-rodo.

(4) The User is obliged to update without undue delay his/her personal data, especially contact details, if there are changes in them.

§ 9

Complaints and final provisions

(1) Complaints should be submitted by e-mail to: reklamacje@luxtrade.pl

(2) Luxtrade shall respond to complaints within a period not exceeding 14 days from receipt of the notification.

(3) The user shall have the opportunity to use out-of-court means of handling complaints and claims, in accordance with the rules set out at www.uokik.gov.pl in the "consumer dispute resolution" tab. In particular, the consumer may use out-of-court dispute resolution for contractual obligations through the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/

(4) The law applicable to these Regulations shall be the law of the Republic of Poland. Any disputes under these Terms and Conditions shall be resolved by a Polish common court with jurisdiction over the registered office of Luxtrade, with the exception of disputes involving consumers and natural persons entering into a contract directly related to their business activity, if the Contract for that person is not of a professional nature, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

(5) For purchases made before January 1, 2023, the contractual provisions at the time of purchase shall apply. This means that all the provisions of the warranty card from the time of purchase apply, in particular, this applies to the terms of the warranty, or the deadlines for processing the customer's complaint statement.

(6) The language used in mutual relations between the User and Luxtrade is Polish.

(7) Taking advantage of the LUX PROTECT Extended Warranty implies acceptance of the LUX PROTECT Warranty Card.

8. if any provision of this LUX PROTECT Warranty Card is found to be invalid, it shall not affect the content of other provisions not disputed.

Lux - Protect device handover protocol