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Returns, Exchanges & Refunds Policy

Returns, Exchanges & Refunds Policy

GHALE BROTHERS, LDA (Trading as FixMyPhone)

Effective Date: 5 September 2026

This Returns, Exchanges & Refunds Policy applies strictly to product sales conducted by FixMyPhone / GHALE BROTHERS, LDA via our website (fixmyphone.pt), official remote messaging channels, and physical retail store.

FixMyPhone is dedicated to maintaining a clear, transparent, and legally compliant framework for returns, exchanges, refunds, and warranty claims. This policy operates in strict compliance with applicable Portuguese consumer protection laws—specifically Decree-Law n.º 24/2014 (Distance and Off-Premises Contracts) and Decree-Law n.º 84/2021 (Sale of Consumer Goods and Guarantee Rights)—as well as European Union Consumer Protection Directives.

Nothing in this policy limits, restricts, or excludes mandatory statutory rights available to consumers under Portuguese or EU legislation.

1. Right of Withdrawal for Online & Distance Sales

For purchases made via our website, messaging channels, or distance sales, non-business consumers have a statutory right to withdraw from the purchase contract without penalty and without providing a reason.

1.1 The 14-Day Cooling-Off Period

  • The consumer has 14 calendar days to exercise their right of withdrawal.

  • The 14-day period begins on the day the customer, or a designated third party (other than the carrier), acquires physical possession of the product.

  • For orders delivered in multiple separate packages, the 14-day period begins on the day physical possession is acquired of the final item.

1.2 Notice of Withdrawal

  • To exercise the right of withdrawal, the customer must inform FixMyPhone of their unequivocal decision prior to the expiry of the 14-day period.

  • Notification must be submitted in writing via email (FIXMYPHONE.PT@GMAIL.COM) or via our official WhatsApp support line (+351 966 681 919).

  • The customer is not required to provide a reason for exercising a statutory withdrawal.

1.3 Return Deadline Following Withdrawal

  • Following notification of withdrawal, the customer must send back or hand over the goods to FixMyPhone without undue delay and no later than 14 calendar days from the date of the withdrawal notification.

  • Proof of dispatch (e.g., tracked postal receipt) must be retained by the customer.

2. Product Condition & Diminished Value Assessment

Returned products must be handled with reasonable care during the evaluation period.

2.1 Scope of Returned Items

When submitting a return under the statutory right of withdrawal, the customer must return:

  1. The purchased product in its original condition;

  2. All original included accessories (chargers, cables, adapters, SIM tools);

  3. Original product manuals, documentation, and user guides;

  4. Original product packaging, including inner protective trays and covers.

2.2 Testing Limit and Value Depreciation

  • The customer is entitled to unpack, inspect, and test the functionality of the product solely to the extent necessary to establish its nature, characteristics, and basic functioning (in the same manner one would be permitted to inspect an item inside a physical retail store).

  • If the item shows evidence of use beyond basic functional testing—such as physical wear, scratches, missing components, or damaged retail packaging—the customer will be held liable for any diminished value of the product.

  • Any legally permitted reduction in value will be deducted directly from the final refund amount. Missing or damaged secondary packaging alone does not void a statutory right of withdrawal, but a deduction for lost value will apply where applicable.

3. Shipping Costs for Returns

Return Reason Who Pays Return Shipping? Original Standard Shipping Refund Change of Mind (Online Purchase) Customer Refunded (Standard Rate) Defective / Faulty Item Customer Refunded upon defect confirmation Wrong Item Sent by FixMyPhone FixMyPhone (Seller) Refunded / Full Coverage In-Store Purchase (Change of Mind) Customer (if exchange approved) N/A

3.1 Change of Mind (Online Withdrawals)

For standard distance withdrawals where the customer simply changes their mind or no longer wants the item, the customer is responsible for paying the shipping costs to send the item back to FixMyPhone.

3.2 Defective or Faulty Items

If a product presents a suspected manufacturing defect or fault:

  • The customer pays to send the parcel back to the store.

  • Once the item arrives at FixMyPhone and our technical inspection confirms that it has a valid manufacturing defect or covered fault, FixMyPhone will fully reimburse the return shipping cost to the customer alongside the warranty repair, replacement, or refund.

3.3 Seller Errors (Incorrect Item Sent)

If FixMyPhone shipped the wrong item by mistake:

  • FixMyPhone takes full financial responsibility.

  • FixMyPhone will either provide a prepaid shipping label or arrange a courier pick-up at no cost to the customer.

4. In-Store Purchases (Physical Retail Location)

The statutory 14-day right of withdrawal for distance sales does not apply to purchases completed directly inside our physical store.

  • No Automatic Right of Return: Customers who purchase goods inside our physical store and subsequently change their mind are not automatically entitled to a monetary refund or return under Portuguese law.

  • Voluntary Store Policies: FixMyPhone may, at its sole discretion, evaluate requests for product exchanges or store credit for in-store purchases on a case-by-case basis.

  • Statutory Defects Exempt: This restriction applies strictly to change-of-mind scenarios and does not limit statutory rights relating to defective, faulty, or non-conforming goods purchased in-store.

5. Exchanges

An exchange involves substituting a purchased item for another product, subject to stock availability and eligibility.

5.1 Online Orders

For online sales, change-of-mind exchanges are processed as a statutory return and refund. The customer may then place a new online order for the replacement item.

5.2 Store Exchanges

Where an exchange is voluntarily granted for an in-store purchase:

  • If the replacement item is higher in price, the customer must pay the difference.

  • If the replacement item is lower in price, FixMyPhone may issue a store credit note for the remaining balance. Cash or monetary refunds will not be issued for price differences on voluntary store exchanges.

6. Refund Scope & Shipping Fee Rules

Where a customer qualifies for a statutory refund following a valid online withdrawal:

  • Included Charges: FixMyPhone will reimburse all payments received for the returned goods, including the standard delivery fees charged during the original purchase.

  • Excluded Premium Delivery Fees: If the customer explicitly chose an express or non-standard delivery option that was more expensive than our standard shipping rate, FixMyPhone is not required to refund the cost difference between standard and express shipping.

7. Refund Methods & Strict Non-Cash Rules

FixMyPhone enforces strict transaction security, auditing, and anti-fraud protocols regarding reimbursements.

7.1 Payment Method Alignment

Reimbursements will be issued using the same payment method used by the customer during the original transaction whenever possible:

 

[Original Payment Method] ───► [Mandatory Refund Channel] Card / MB WAY / Electronic ───► Original Account / Card Bank Transfer ───► Bank Transfer (Matching IBAN) Store Cash Payment ───► Cash / IBAN (Subject to Cash Limits)

 

7.2 Non-Cash Refund Mandate

  • No Cash Refunds for Non-Cash Purchases: If a purchase was paid via Bank Transfer, MB WAY, Credit/Debit Card, or online gateway, FixMyPhone will under no circumstances issue a refund in physical cash.

  • Matching Account Verification: Refunds for bank transfer transactions will strictly be processed via SEPA transfer to a bank account (IBAN) registered in the name of the original buyer listed on the sales invoice. FixMyPhone reserves the right to request proof of account ownership (e.g., bank certificate) prior to initiating payment.

  • Administrative Fees: FixMyPhone will not charge the customer any fee for issuing a statutory refund.

8. Refund Processing Timeline & Inspection Provisions

8.1 Processing Timeframe

Reimbursements will be processed without undue delay and within a maximum of 14 calendar days from the date FixMyPhone receives valid notification of withdrawal.

8.2 Right to Withhold Refund

In accordance with Portuguese law (DL n.º 24/2014), FixMyPhone reserves the right to withhold reimbursement until:

  1. The returned goods have been physically delivered to and inspected at our facilities; or

  2. The customer provides definitive, verifiable documentary proof that the items have been dispatched via a tracked shipping service;

whichever occurs first.

9. Defective, Faulty, or Non-Conforming Products (Statutory Warranty)

Independent of the 14-day distance withdrawal period, products sold by FixMyPhone are protected against non-conformity and manufacturing defects under Decree-Law n.º 84/2021.

9.1 Statutory Guarantee Periods

  • New Products: Carry a 3-year statutory guarantee from the date of delivery.

  • Second-Hand or Refurbished Products: Carry an 18-month or 3-year statutory guarantee (as expressly agreed upon purchase and documented on the sales invoice).

9.2 The 30-Day Immediate Right of Rejection (Direito de Rejeição)

Under Decree-Law n.º 84/2021, if a product presents a manufacturing defect or lack of conformity within the first 30 calendar days following delivery:

  • The consumer has an immediate Right of Rejection.

  • The customer may request an immediate product replacement or contract termination with a full refund, without being required to accept a repair attempt first.

9.3 Statutory Remedies Beyond 30 Days

If a defect occurs after the initial 30 days but within the legal warranty period, the customer is entitled to non-conformity remedies. In accordance with statutory provisions, available remedies include:

  1. Repair of the item;

  2. Replacement of the item;

  3. Proportional price reduction;

  4. Contract resolution (refund).

Repairs or replacements under statutory warranty will be completed free of charge to the consumer and within a reasonable timeframe not exceeding 30 calendar days.

10. Exclusions from Warranty and Defect Coverage

Statutory warranty protection applies strictly to inherent manufacturing faults and software non-conformities present at delivery. The warranty does not cover damage or failure resulting from post-delivery external factors, including:

  • Accidental drops, impacts, pressure marks, or cracked screens/housings;

  • Liquid exposure, water intrusion, submersion, or internal moisture damage;

  • Physical damage caused by unauthorized opening, repairs, or modifications performed by third parties;

  • Misuse, abuse, intentional damage, or failure to follow manufacturer guidance;

  • Electrical damage resulting from non-compliant power sources, improper voltage, or non-certified third-party chargers and cables.

FixMyPhone inspects returned items using hardware diagnostics and internal liquid-contact indicators. If damage stems from excluded external causes, statutory warranty remedies will not apply, and paid repair or replacement estimates will be provided upon request.

11. Security Locks, Personal Accounts & Data Privacy

To allow technicians to verify defects or clear devices for restocking, electronic items (smartphones, tablets, laptops) must be completely unlocked prior to return.

11.1 Security Lock Removal Mandate

Before returning any electronic device, the customer must:

  1. Remove all personal cloud accounts (Apple iCloud / Find My, Google Account Protection, Samsung Account);

  2. Clear all security PINs, screen passwords, patterns, and biometric data;

  3. Restore the device to factory default settings.

Important Notice: FixMyPhone cannot inspect, accept, exchange, or refund any electronic device that remains linked to an active user account or cloud activation lock. The return process will remain suspended until all user locks are fully removed by the owner.

11.2 Personal Data Liability

Customers are solely responsible for backing up and removing all personal data, photos, SIM cards, and storage memory cards prior to returning a product. FixMyPhone assumes no liability for data loss or privacy issues resulting from unremoved data on returned devices.

12. Exceptions to the Right of Withdrawal

Under Portuguese law, the statutory right of withdrawal for distance sales does not apply to:

  1. Customized Products: Goods manufactured or customized according to explicit customer specifications or personalized directives;

  2. Hygiene & Health Products: Sealed items that are unsuitable for return due to health protection or hygiene reasons once unsealed after delivery (e.g., in-ear headphones, ear tips);

  3. Unsealed Digital Content & Software: Digital downloads, unsealed software packages, or digital licenses where performance has commenced with the consumer's explicit consent.

13. Submitting a Claim or Return Request

To initiate a return, exchange, or warranty claim, contact our support team prior to sending any product:

  • Company Entity: GHALE BROTHERS, LDA (Operating as FixMyPhone)

  • Website: fixmyphone.pt

  • Email: FIXMYPHONE.PT@GMAIL.COM

  • WhatsApp: +351 966 681 919

Required Details

When submitting your claim, please provide:

  • Full name and invoice / order number;

  • Product model and serial / IMEI number;

  • Clear description of the claim reason or reported defect;

  • Supporting photo or video evidence (mandatory for physical damage or defect claims);

  • Bank IBAN and proof of account ownership (if requesting a refund for non-card electronic purchases).