1. Identification of the Parties and purpose of these terms and conditions
These general terms and conditions (“Terms”) are part of the contract between you (“Customer”) and us (FIX-IT).
FIX-IT is the trade name of the Belgian company FIX-IT MAINTENANCE & REPAIR SRL, whose registered office is located in 1200 Brussels (Belgium), Chaussée de Stockel 195. The company is registered with the Crossroads Bank of Enterprises under number 0791.404.489.
You can contact us at firstname.lastname@example.org or call us at 0032470103868.
Please read these Terms carefully before you begin using our Services. By subscribing to our Services, you agree to be bound by these Terms. In the event of a conflict between these Terms and any other information on our Website, social media or through any other communication medium, these Terms shall prevail.
The current version of the Terms and Conditions can be found on our Website, by clicking on Terms and Conditions www.fix-it.help.
- Customer: any physical person who is validly registered on FIX-IT and who has subscribed to our Services.
- Household appliances or Appliances: appliances intended for use in the home of private individuals, limited to 7 appliances chosen by the Customer at the time of the conclusion of the contract, among which are the kitchen hood, the washing machine, the dryer, the oven, the steam oven, the refrigerator, the freezer, the dishwasher or the cooking plate (induction, gas, vitroceramic, electric).
- Services: in-home repair services, including annual maintenance of household appliances on the Customer’s premises and occasional repairs to them. If necessary, replacement parts (new or refurbished) will be installed.
- Parties: jointly the Customer and FIX-IT.
- Subscription: FIX-IT subscription that allows the Customer to call upon a certain number of pre-agreed home repair services from our Services, in exchange for an ongoing monthly fee.
- Technician: person going to the Customer’s home to carry out one or more of our Services on behalf of FIX-IT.
- Website: the website operated by FIX-IT and currently accessible at the following URL www.fix-it.help.
3. Price and payment
Our prices which are charged to you are indicated on the Site at the time of the Subscription in accordance with article 4.1 of these Conditions or at the time of the reservation in accordance with article 4.2 of these Conditions. The prices mentioned are in Euros and include all taxes.
Monthly payments are deducted electronically and automatically from the credit or debit card indicated by the Customer. These deductions take place each month on the Subscription renewal date.
FIX-IT reserves the right to change its prices and adapt or offer new packages to its Customers in the future, at any time, in order to remain competitive in the market, but we will inform you of any upcoming changes at least 30 days before they take effect. If you do not cancel your Subscription, your continued use of our Services indicates your acceptance of the modified Terms.
4. Services with or without FIX-IT subscription
4.1 Services with FIX-IT subscription
Customers who take out a FIX-IT Subscription pay the monthly rate published on our Website which covers the services for 7 appliances identified by the Customer. The rate is currently 30€TTC per month. From the eighth appliance onwards, a supplement of 5€ TTC will be charged per service and per month.
The Customer may terminate the Subscription at any time, by informing us that he/she no longer wishes to continue using our Services with 30 days notice. The notification must be sent via the Customer’s account on our Website.
If Customer terminates its Subscription during the first year, it will be charged an amount equivalent to the price of the Services already provided to that Customer during that year, based on a flat fee per visit, a flat fee per 20 minutes of time spent at the Customer’s home performing the Services and the price of any spare parts used. These prices are indicated on our Website, see www.fix-it.help.
If FIX-IT has received payments for a period beyond the date of termination of the Subscription, it will refund Customer on a pro rata basis no later than fourteen (14) days after termination of the Subscription. FIX-IT will reimburse the Customer using the same payment method as the one used by the Customer for the initial transaction, except if it is expressly agreed to use a different method; in any case, this reimbursement will not entail any costs for the Customer.
All information related to the Customer’s Subscription is available in the Customer’s “My Account” section on our Website.
4.2 Services without FIX-IT subscription
We welcome customers who wish to benefit from our services without a FIX-IT subscription. They will be charged a flat fee per visit + a flat fee per 20 minutes of time spent at the Customer’s premises for the Services + the price of the spare parts used. These prices are indicated on our Website, see www.fix-it.help.
5. Right to terminate the contract
If Customer takes out a Subscription as a consumer, Customer has the right to withdraw from the contract within 14 days of the date of the Subscription. To withdraw, the consumer must send us a clear communication before the expiry of the 14-day period by e-mail to email@example.com or via the Customer account on our Website. FIX-IT will refund the first payment to the consumer using the same method of payment as the one used by the consumer for the initial transaction, unless it is expressly agreed to use a different method; in any case, this refund will not entail any costs for the consumer.
However, where the consumer has specifically requested a visit from FIX-IT to perform emergency repairs or maintenance, whether or not the consumer has taken out a Subscription, the consumer will not have the right to withdraw for such emergency repairs or maintenance. If, on the occasion of this visit, FIX-IT provides services additional to those specifically requested by the consumer or goods other than the spare parts necessary to perform the maintenance or repair, the right of withdrawal will apply to these additional services or goods.
6. Exclusions and Buyback of Services
FIX-IT is not obliged to take back the devices (used, broken or otherwise) and does not carry out any dismantling or installation work on the devices. The Customer shall be responsible for the disposal of its Appliances according to the applicable waste regulations.
FIX-IT reserves the right to refuse a requested Service when a Household Appliance is obviously irreparable, when the Customer has not respected the instructions for use provided by the supplier of the Appliance or has committed a serious fault in the use or maintenance of the Appliance, or for any other valid reason where the repair by FIX-IT would expose FIX-IT to high risks or to costs disproportionate to the benefit sought by the Customer
FIX-IT may, at its discretion, buy back Customers’ old Appliances and exchange them for a credit that can be used to extend Customer’s Subscription.
7. Obligations of the Customer
Customer will cooperate with us in good faith to enable us to perform the Services efficiently.
The Customer agrees, among other things, to:
- communicate openly with us, before and during the visit of our Technician, any defects or malfunctions affecting the Appliances, as well as any facts or circumstances that could present a danger to the Technician or make the maintenance time longer than expected;
- allow our Technician access to your home at the time of the appointment when we plan to perform a Service and provide the Technician with all the information needed to perform the Services;
- protect your login and passwords and do not share them with others. If there is any indication that others are using your login and/or passwords, or attempting to do so, you must notify us immediately;
- ensure that the contact information you provide is accurate and inform FIX-IT immediately of any changes to your contact information;
- monitor any activity through your account and notify us if you suspect any illegal or unauthorized activity or security breach;
- indemnify and hold us harmless from and against any and all claims and expenses (including reasonable attorneys’ fees) we incur that arise, directly or indirectly, from your use of our Services in violation of our agreement with you or any applicable law or regulation.
8. Services and Responsibility of FIX-IT
FIX-IT is bound by an obligation of means. We cannot guarantee the success of our repairs, but we will do our best to repair and give new life to your appliances.
The FIX-IT Services also include advice to the Client as to the reparability/durability of his product (non-binding advice given as an indication).
If a Service does not meet your expectations, you have no claim against us, except as otherwise provided in these Terms or as a result of gross negligence on our part or the part of our Technician.
While we make every reasonable effort to protect your data and maintain the confidentiality of all information you share while using our Services, we assume no responsibility for any potential loss of your data, except as a result of intentional gross negligence on our part or the part of our Technician. You will always ensure that you have backups of your data that can be used to restore the data on the Devices if that data was lost during the repair.
In any case, if the responsibility of FIX-IT should nevertheless be engaged, the compensation will not exceed 500 € and will not cover indirect damages.
If this limitation of responsibility is not valid according to the applicable laws, the responsibility of FIX-IT can in no case be superior to the amount covered by the civil responsibility insurance concluded by FIX-IT.
9. Cancelled visits
All visits may be cancelled by either Party upon two full days’ notice prior to the scheduled date of the visit, without any adverse consequences.
When you cancel the Technician’s visit without two days notice or when a Technician’s visit is not cancelled, but our Technician is unable to access the Customer’s premises due to the Customer’s absence or lack of response upon the Technician’s arrival, an amount of 55 € will be due by the Customer to cover the Technician’s travel time and expenses.
Similarly, when the Technician does not show up at the scheduled time for the visit or when he is more than two hours late, an amount of 55 € will be due by FIX-IT.
10. Data protection
11. Duration and termination
These Terms and Conditions come into effect as soon as you become a Customer.
Either Party shall have the right to terminate the Subscription at any time, provided it gives 30 days written notice to the other Party. Termination by the Customer is subject to section 4.1 of these Terms.
Each Party shall have the right to terminate the Agreement if the other Party fails to comply with any of its obligations under the Agreement and such breach has not been cured within fifteen (15) days after written notice from the terminating Party to the other Party (unless such breach cannot be cured). In the event of serious misconduct, either Party may immediately terminate the Contract.
12. Access and security of the Website
Access to our Website is provided on an “as is” and “as available” basis. We may modify, suspend or terminate access to our Website or any portion thereof at any time. We do not guarantee that our Website will always be available or that access will be uninterrupted. If we suspend or terminate access to our Website, we will endeavour to give you reasonable notice.
13. Completeness and validity of the contract
The present Terms contain the entirety of the terms and conditions concluded between the Parties.
Any provision of these Terms found by a court of competent jurisdiction to be invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions of these Terms. The Parties will negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision consistent with the intent of the Parties.
14. Changes to these Terms and Conditions
We may change these Terms in the future, at any time, to remain competitive in the marketplace, but we will notify you of any upcoming changes at least 30 days before they become effective. If you do not cancel your Subscription, your continued use of our Services confirms your acceptance of the modified Terms.
15. Applicable law and jurisdiction
These Terms and Conditions and our contract shall be governed by and construed in accordance with Belgian law. Any dispute, controversy or claim arising out of or relating to this contract shall be subject to the exclusive jurisdiction of the courts of Brussels (Belgium), notwithstanding the right of the Customer, if a consumer, to bring the matter before the courts of his habitual residence.