Terms and Conditions of the Smartwatch Warranty

(hereinafter referred to as "Regulations")

Version effective as of 01.01.2023.

§ 1

General provisions of the Regulations

1 The Regulations define the scope and conditions of the Basic Warranty (hereinafter the "Warranty") for Users of Devices purchased from Luxtrade II sp. z o. o. (formerly: Luxtrade sp. z o. o. sp. k.) (interchangeably also referred to as the Guarantor), as well as the procedure for concluding remote agreements.

(2) Luxtrade undertakes to guarantee the quality of the Equipment sold in accordance with the conditions specified in the Terms and Conditions. Luxtrade reserves the right to perform the duties of the Guarantor using third parties.

(3) The User shall be obliged to use the Warranty in accordance with its purpose and under the conditions set forth in these Terms and Conditions.

(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

Statutory definitions

A warranty is a guarantee 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 the event that the thing sold has a defect as defined in the warranty statement. The Warranty consists of the Standard Warranty and the Extended Warranty.

Other terms used in the following part of the Terms and Conditions mean:

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

2. proof of sale - a bill, receipt, invoice or other document issued by Luxtrade confirming the conclusion of a sales agreement, which includes the price of the service and the date of sale of the service.

3. proof of purchase - a bill, receipt, invoice, or other document confirming the purchase of a device from the Luxtrade 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 - LCD matrix, used to display the image.

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

7 Abuse - the use of the User's rights in a manner contrary to their socio-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.

8. repair: only the removal of the Damage defined in accordance with these Regulations.

9. serial number/IMEI/SN - (International Mobile Equipment Identity/Serial Number) - the individual identification number of the device. For dual SIM Devices, this is the IMEI number defined first.

10. repair point - Luxtrade's service center at 13 Rybnicka Street in Pszczyna.

11. parties - jointly the User and Luxtrade.

12. Device - a smartphone covered by a sales contract, 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 device must be placed on the market in the territory of the Republic of Poland, and its purchase must be confirmed by proof of purchase.

13. Warranty Service - a service provided to the User by Luxtrade that includes the repair of a designated component.

14. Warranty - 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 the event that the thing sold has a defect as defined in the warranty statement. The warranty consists of the Standard Warranty and the Extended Warranty as defined in § 3 items. 1 - 3 of the Regulations.

15. defect - a failure of an element indicated in § 3 item 2 or 3 of the Terms and Conditions, which occurs after the conclusion of the Agreement and which requires repairs, according to the terms specified therein.

16. User - an individual, legal entity or unincorporated organizational unit that owns the device or a person using the device with the consent of the owner, who has concluded an Agreement with Luxtrade under the Terms and Conditions.

17. display - the part of a cell phone / smartphone 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.

18 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 a share capital of 5000 PLN, also referred to interchangeably as the Guarantor.

19. flooding of the device - direct action of liquid, including moisture, or water on the device.

§ 3

Conclusion, duration and variant of the Agreement

(1) The Agreement is concluded for a period of 3 months or for any other period indicated in the statement on the basis of the Seller's document. The 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 can be covered by the contract.

(2) The warranty covers the following items (excluding items that are subject to natural wear and tear, mechanical damage and flooding):

1) Malfunction of the display;

2) Malfunction of bluetooth, WiFi and GPS module;

3) Improper operation of the proximity sensor and microphone;

4) Improper operation of the charging port;

5) Improper operation of vibration;

6) Defects caused by reasons inherent in the sold product;

7) Improper operation of the call speaker;

8) Improper operation of the multimedia speaker;

9) Improper operation of the flashlight;

10) Improper operation of mute button;

11) Improper operation of the volume button.

(3) The warranty is acquired after the purchase of the device, including this device. It is not associated with additional fees.

(4) The scope includes repair of the damage defined in § 2 and 3 of the contract. The service may include replacement of the device, or cash refund if repair is not possible.

(5) The parties undertake to comply with the terms and conditions set forth in the Terms and Conditions. In particular, Luxtrade undertakes to provide during the warranty period under the terms of the Terms and Conditions.

(6) The warranty is not subject to termination. However, it shall expire as a result of the events specified in the Regulations.

(7) The Guarantee shall expire upon the expiration of the Guarantee period, or upon Luxtrade's determination of the performance of Abuse.

§ 4

Form and manner of reporting damage

(1) In order to take advantage of the repairs, the User may send a claim form from https://luxtrade.pl/content/7-reklamacje, report the Damage through a message sent to the e-mail address: kontakt@luxtrade.pl or call the Hotline at telephone number: 729 053 053, within 7 calendar days of the occurrence of the Damage. It is also possible to report the damage directly at the showroom. When reporting, the following information/documents will be needed:

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 repairs is disabled,

9) other information requested by the Operation Center, if necessary for warranty service.

2. notification of Damage shall be considered accepted on the date of confirmation by Luxtrade of the correct and comprehensive transmission by the User of all information and documents referred to in paragraph 1 above.

(3) The User shall provide Luxtrade with the Proof of Purchase (electronic copy), when reporting the Damage.

(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, which may be deleted during repairs,

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. If the lock is not removed, the repair period is extended by the time required to remove the access lock. Luxtrade may refuse repairs (even reasonable) in the case of failure to remove the lock that prevents repair;

4) protect the device for transportation to prevent further damage and contact with moisture,

5) do not attach to the shipped device any documents containing personal data other than those required by the Guarantor,

6) remove personal data and photos from the device for the duration of repairs. Luxtrade informs you of the possibility of deleting such data without knowing its contents (e.g. by restoring to factory settings) in the event that such operation is necessary.

5 In the event of a Damage, the User is forbidden to make any changes or start repairs to the device.

§ 5

Schedule of Repairs

1) Luxtrade guarantees:

1) Repairs will be carried out immediately upon delivery of the device to the Repair Shop. The time limit may be extended in the event of the events of § 5.2.

(2) Luxtrade shall not be liable for failure to meet the repair time 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 the cost of repairs.

5) parts necessary for repairs are not available.

These deadlines are extended by the time necessary to complete the information or remove obstacles to the execution of repairs.

§ 6

Special obligations of the User and additional reservations

(1) In particular, the User undertakes to:

1) Deliver 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 selection of courier delivery also to properly secure the device for shipping.

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

(3) Luxtrade reserves the right to make repairs 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) The following are not covered by the service:

1) damages in devices subjected to modifications and alterations made by the user, or 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 liable for non-conformity of goods with the contract under the Act of May 30, 2014 on consumer rights. The user has the choice of which entitlement to exercise,

4) damage caused by mechanical means (including surges).

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

6) involving gradual deterioration caused by natural wear and tear of the item;

7) the cost of accessories such as cases, protective films and glasses, etc. are not refundable. If it is necessary to remove the protective film/glass/eti, they are subject to disposal.

8) other exclusions to the right of withdrawal from a contract concluded off-premises or at a distance described in the Law on Consumer Rights Article 38.

(2) In the case covered by the Guarantee, the User shall pay the costs of shipping and repairs - 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 the protection of personal data of May 10, 2018. (i.e., Journal of Laws 2018, item 1000 as amended).

(2) With respect to the provision of the Basic Warranty Service, Luxtrade is the controller of the User's personal data. Luxtrade may also share the User's data with an external entity engaged in the repair of equipment.

(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 personal data, especially contact information, 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 pursuing claims, in accordance with the rules set out at www.uokik.gov.pl in the "settlement of consumer disputes" 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, except for 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) The Customer who exercises warranty rights shall be obliged to deliver the defective Product to the address: Rybnicka 13 Street, 43-200 Pszczyna. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product against the Customer who is not a consumer is excluded.

7.The language used in mutual relations between the User and Luxtrade is Polish.

(8) Conclusion of the Agreement shall mean acceptance of these Terms and Conditions.

(9) If any provision of these Terms and Conditions is found to be invalid, it shall not affect the content of other provisions of these Terms and Conditions that have not been challenged.