These Subscription Terms, together with the Privacy Policy and the Credit Score Check Supplement, govern the “Subscription”, i.e. the rental of one or more mobile phones or tablets (“Devices”) available for said purpose on the website https://www.hmd.com/de_de (“Website”). The company renting the Devices is HMD Global Oy, with address at Bertel Jungin aukio 9, 02600 Espoo, Finland (“HMD Global”, “we” or “us”).
To subscribe to one or more Devices, you must be at least eighteen (18) years of age and reside in Germany. If you are under eighteen (18) years of age, or for any reason does not have full legal capacity to enter into agreements, you must ask your parent or legal guardian to subscribe. Furthermore, you have to be a private individual with the intention to use the Device(s) for private purposes. HMD reserves the right to reject orders under these Subscription Terms from companies or for business use, and to terminate any contract extraordinarily with immediate effect upon gaining knowledge that it is not in accordance with the afore-mentioned restriction. You can have up to four (4) Devices rented from HMD Global at any given time, whether or not they have been ordered together.
To subscribe to one or more Devices, you need to create an account on the Website (“Account”), or sign into your existing Account. As part of the account creation process, you will need to provide HMD Global with certain personal and other information. HMD Global may verify your email address and/or phone number before your Account can be used. The creation of an Account requires an internet connection, for which you are responsible. Most of the information available on your Account can also be accessed through the My Device app. The presentation of the Devices on the website is non-binding, i.e. it does not constitute a binding offer to conclude a rental contract. You can only place an order to rent a Device as a registered customer, and acceptance of the order is subject to credit card and credit worthiness verification and to the successful payment of the initial set-up fee. The credit card verification is performed by the credit card issuer. For the creditworthiness verification, we cooperate with Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany, that sends us your personal address data and your solvency data to verify your creditworthiness as described on the Credit Score Check Supplement. In order to rent a Device, you have to complete the order process on our website, including for example selecting a Device, creating an account (or logging into an existing account), selecting payment method, accepting the applicable terms and conditions and confirming the order.
After you click on “Subscribe now”, HMD Global will perform a credit card and creditworthiness verification, and a message will be displayed on your screen accepting or rejecting to rent the selected items.
In case HMD Global accepts to rent to you the selected items and is able to charge the initial set up fee to your credit card, the rental contract is concluded upon charge of the initial set up fee. The credit card information you provided will be stored for future charges, as described on Section 11. In case you are also ordering one or more SIM cards, the General Terms and Conditions for HMD Mobile Services will also be displayed for you to read and accept during the ordering process. The General Terms and Conditions for HMD Mobile Services are separated from and not connected to the agreement under these Subscription Terms and shall only apply to the SIM card services. Upon conclusion of the rental contract, you will receive an e-mail from HMD Global confirming the details of your subscription and providing links to these Subscription Terms, the Privacy Policy and the Credit Score Check Supplement. You agree to provide truthful, correct and complete information to HMD Global when you create your Account and subscribe to one or more Devices. You also agree to keep that information continuously updated. You must take due care to protect your Account against misuse by others. Unless HMD Global has breached any of its legal and/or contractual obligations in relation to data protection:
a) HMD Global shall not be responsible for any damages or losses incurred by you in case a third party obtains access to your Account information or other personal information; and
b) you are personally responsible for any use of the Device(s) and your Account, and for paying any fee applicable to orders and requests made using your Account.
Devices provided under the rental contract might be new or previously used. Each Device will be delivered to you in a condition suitable for use in conformity with the rental contract. HMD does not owe the delivery of a particular Device, but only the delivery of a Device of standard commercial quality of medium type and grade in accordance with the specifications you selected in the order process (“Gattungsschuld”). Therefore, you are not entitled to any particular condition of the unit (new/previously used) other than your selected specifications (such as model, colour, memory size etc.) and other than the suitability for use in conformity with the rental contract. You are also not entitled to any particular replacement Device but only to a replacement Device that fulfils the specifications described above.
Upon accepting your subscription to rent one or more Devices to you, HMD Global will charge you an initial set up fee (“Bereitstellungspreis”). Successful payment of the initial set up fee is a condition for the conclusion of the rental contract and shipment of the Device(s). HMD Global is entitled to retain said Device(s) until the condition is fulfilled. Once the initial set up fee is duly paid, you will receive an e-mail from HMD Global with the invoice and payment confirmation. Once the device is shipped, you will receive an e-mail from HMD Global (or from the courier) with information about the upcoming delivery. No monthly fee will be charged until the Device(s) is(are) delivered to you. When delivery occurs, the Subscription will start and the first monthly fee will be charged pro rata to the number of days between the delivery date and the end of the month. You will receive an e-mail from HMD Global with the invoice and payment confirmation.
The Device(s) will be delivered to the shipping address provided by you. Even though HMD Global aims to deliver at once all Devices (and, if applicable, other items such as SIM cards) ordered together, HMD is entitled to make partial deliveries.
In case delivery at the address provided by you is rejected or cannot be made (for example, because the address does not exist), our courier will contact you by e-mail and/or leave you a card with instructions on how to arrange a further delivery or pick-up from a service point. An unsuccessful second delivery or pick-up attempt will also be communicated to you by e-mail and the Device will be returned to HMD Global, which is entitled to terminate the contract without any further notice and for good cause, assuming that a serious and final rejection of the delivery at the address provided by you means also a rejection of the execution of the contract. HMD Global will send you an e-mail informing you that the rental contract is terminated, and the initial set up fee will be refunded. In case of a serious and final rejection, HMD Global shall not be responsible for any damage caused by (i) the termination of the contract or (ii) the impossibility to deliver the Device(s).
Please log into your Account and follow the appropriate steps described there immediately if:
a) you receive an e-mail from HMD Global with the invoice and payment confirmation of the first monthly fee, but you have not received the Device(s) you ordered;
b) you receive the wrong Device model or colour; or
c) the Device or any accompanying item is missing or damaged.
In case you do not follow the steps on your Account to communicate any of those occurrences, the monthly fees will be charged normally due to our lack of knowledge thereof.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The cancellation period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the Device(s).
In order to exercise your right of withdrawal, you must inform us (HMD Global Oy, with address at Bertel Jungin aukio 9, 02600 Espoo, Finland) of your decision to withdraw from this contract by means of a clear statement (e.g. by following the appropriate steps in your Account, sending an e-mail through our support page https://www.hmd.com/de_de/support or sending a letter by post to HMD Global Oy (Attn. Customer Support) Bertel Jungin aukio 9, 02600 Espoo, Finland). You can follow the appropriate steps in your Account, or use the sample withdrawal form below or another clear statement. When we receive communication of your decision, we will, without undue delay, (e.g. by e-mail) send you confirmation of receipt of such withdrawal.
You can use the sample withdrawal form below for this, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will refund you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For the refund, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for the refund. We may refuse to make the refund until we have received the Device(s) back or until you have provided proof that you returned the Devices, whichever is the earlier.
You must return or hand over the Device(s) to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the Device(s) before the end of the period of fourteen days. In case you do not return the Device to us within thirty (30) days from the delivery date, we will consider that you have decided not to withdraw from the contract, and we will resume charging for the Subscription.
Because the Device(s) should not be returned by normal post due to their nature, HMD Global will give you the option to use a pre-paid label to return the Device(s). HMD Global will bear the cost of returning the Device(s), as long as you use the pre-paid return label that can be created through your Account. You need to return the Device(s) and all accompanying accessories in the original box, packaged in accordance with the instructions provided by HMD Global. You need to affix the pre-paid label and return it to HMD Global. In case you do not use the pre-paid label, you bear the direct costs of returning the goods to the following address: w-support.com GmbH (subscription cancellation) Ernst-Lässig Straße 7, 09232 Hartmannsdorf, Germany. You need to return the Device(s) and all accompanying accessories in the original box, properly packaged to avoid damages.
You only have to pay for any loss in value of the Device(s) up to the return of the Device if this loss in value is due to handling of the Device(s) that is not necessary for testing the quality, characteristics and functioning of the Device(s).
Sample withdrawal form
(If you want to withdraw from the contract, please follow the cancellation steps on your Account, or fill in this form and send it back to us via e-mail or post.)
– To HMD Global Oy, with address at Bertel Jungin aukio 9, 02600 Espoo, Finland:
– I/we () hereby revoke the contract concluded by me/us () for the subscription of the following Devices (*)
– Ordered on ()/received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if notification is on paper)
– date
The Devices remain property of HMD Global at all times and you can only use them for private purposes. Business use or rent is hereby explicitly prohibited. You are not allowed to transfer or otherwise allow the use of the Devices (by selling, giving away, renting, lending, donating or any other means) to a third party without the prior written consent of HMD Global. The free use of the Device by persons from your household is excluded from this restriction, but you remain liable for all duties and obligations under these Subscription Terms even while someone from your household is using the Device.
A replacement Device will be provided under the rental contract in case you report the current Device as defective, accidentally damaged, lost or stolen. Replacement Devices might be new or previously used, depending on stock availability. Each replacement Device will be delivered to you in a condition suitable for use in conformity with the rental contract. Whenever possible, the replacement Device will be of the same model and colour of the replaced Device. In case the same model and colour is not available in stock, you will receive a replacement Device with similar features and characteristics. If no comparable replacement device is available, our support team will contact you to discuss how to proceed.
For the duration of the rental contract, HMD Global will ensure that the Device is maintained in a condition suitable for use in conformity with the rental contract (except for normal wear and tear) by remedying any defect in materials or workmanship (“Defect”) through repair or replacement of the Device. If you suspect the Device has a Defect, you shall without undue delay report the suspected Defect to HMD Global by following the “Device not working” steps in your Account. HMD Global will, through automated tools or its support team, first try to solve the issue remotely. If a remote solution is not adequate to correct the Defect, HMD Global will provide you instructions to return the Device and ship to you a replacement Device. The process for returning the Device is described in Section 16. You will not receive the same Device back; you will receive a replacement Device as described in Section 8. Before sending a Device to HMD Global, you have to back up all data, programs, applications, and content stored on the Device, and remove from the Device any confidential information. Returned Devices will be fully reset by HMD Global or its services providers, and all information stored there will be erased and cannot be recovered.
In case you do not return the defective Device to us within fourteen (14) days from the date you submit the repair request, we will continue charging the monthly fee for the defective Device in addition to the monthly fee for the replacement Device.
The following scenarios are excluded from the definition of Defect and, as a consequence, will not be remedied by HMD Global:
a) Errors or damages caused by:
(i) exposure to extreme electromagnetic field (such as damages caused by microwave oven), or extreme thermal or environmental conditions or to rapid changes in such conditions;
(ii) physical damage intentionally caused by external forces impacting the Device;
(iii) using the Device with, or connecting it to, any product, accessory, software, or service not manufactured, authorised, or supplied by the manufacturer; or chargers, power adaptors or data cables which do not meet the required technical and safety specifications described in the user guide;
(iv) any third-party products used in combination with the Device;
(v) hacking, cracking, viruses, or other malware, or unauthorised access to services, accounts, computer systems, or networks; or
(vi) power outages or surges capable of affecting the normal use of the Device; b) Use of the Device in a manner that does not comply with its intended use and the provisions of the user guide;
c) If the Device has been opened, repaired or modified by non-authorised third parties, or repaired using unauthorised spare parts;
d) If you have not installed the latest software updates that are publicly available for the Device model within a reasonable time of their release. Any damage or malfunction caused by the circumstances described above is considered intentional damage (see Annex C).
You must keep the Device safe, treat it with care, use it in accordance with the user guide and follow the instructions provided in Annex A. The user guide is available at the support area of the Website (https://www.hmd.com/de_de/support).
You must not open, dismantle, attempt to repair or in any way change the Device. You must not let any third party perform any of these actions either. Given the nature of the Devices, they can only be repaired by the manufacturer’s authorised personnel, and because HMD Global is the manufacturer of the Devices, they can only be repaired by HMD Global and its authorised service providers. The aforementioned does not affect your rights under section 536a (2) BGB. You must not make any addition or modification to the Device such as, for example, painting the Device or installing an incompatible operating system.
HMD Global is entitled to the prices and fees described on Annex B. The price of each fee is also described on the Website and/or on your Account. All prices are final prices and include the statutory value added tax. Invoices will be sent to your e-mail address together with payment confirmation. Invoices are also available in your Account.
The payment methods accepted by HMD Global are shown as part of the ordering process and also on your Account.
If you pay by credit card, you must be the legal cardholder and the credit card must have a billing address in Germany. In the event your payment information changes, you shall update the information (including, but not limited to, the number and/or expiration date of your credit card) on your Account. All credit card payments are subject to validation checks and authorization by the card issuer.
By providing or updating your credit card information, you authorize HMD Global to charge to your credit card all amounts due and owing to HMD Global under the rental contract, including but not limited to fees, interest and other charges, and to retain, in accordance with the applicable laws, the credit card information to continue charging due amounts. Said recurring credit card payment authorization will continue to be in effect while the rental contract is in force and will be automatically applied to other rental contracts you enter into with HMD Global.
In case HMD Global is not able to charge one or more monthly fees to your credit card, you will be considered in default of payment and the following will happen:
You will receive a termination notice e-mail from HMD, informing that the rental contract will be terminated (extraordinarily during the contract term, or in accordance to HMD Global’s ordinary termination rights after that) within 1 month if you do not update the credit card details and HMD is able to collect the overdue payment. As long as you update the credit card information within the 1-month period, and HMD Global is able to collect the due amounts, the termination will not become effective and you will be able to continue enjoying the Subscription;
You will receive automatic notifications (“Mahnung”) on the Device screen asking you to update the credit card information and explaining that the Device will be remotely locked one month after payment was originally due. The monthly subscription fee will be charged until the day before the Device is locked; and
If you do not update your credit card details within 1 month from the date HMD Global sent you the termination notice, the contract will be terminated and the Device will be locked. A locked Device can still be used to make and receive emergency calls, modify cellular data options (on/off), flight mode (on/off) and Wi-Fi settings, and view the IMEI of the Device, but cannot be unlocked and you will not be able to access any data or content stored on the Device. You will receive instructions on how to return the Device.
HMD Global is entitled to charge interest in relation to any overdue amount. The default interest corresponds to 5 percentage points above the prime interest rate.
Once you have updated your credit card details, HMD Global will charge to your credit card the overdue amounts and applicable interest. HMD Global is entitled to engage debt collection agencies and initiate a dunning proceeding (“Mahnverfahren”) in order to collect any amount owed by you.
No change to the Device model or, if available, colour can be requested during the initial 3-month period. Once at least three (3) months have passed from the date each Device has been delivered, you can communicate to HMD Global at any time your decision to change your Subscription plan, i.e. to change the Device you are currently renting to another one, by following the appropriate steps in your Account. Your request to change the Subscription plan is deemed as a communication to terminate the existing rental contract (for your current Device) and enter into a new one (for the other Device you choose).
A plan change fee is charged when you request the change. The price of the plan change fee is described on the Website and on Annex B, and varies depending on how long the rental contract has been in force until the change is requested. The longer the contract remains in force, the lower the fee.
The monthly fee for the original Subscription plan will continue to be charged until HMD Global receives that Device back. As long as the original Device is returned in the same condition as it was provided except for normal wear and tear, HMD Global will refund you the monthly fee pro rata to the number of days between the date in which you handed over that Device to courier and the date HMD Global received it. The monthly fee for the new Subscription plan will start being charged once said Device has been delivered to the address you indicated. The process for returning the current Device is described under Section 16. You can request another change to the Subscription plan at any time, and the starting date taken into consideration to calculate the amount of the plan change fee per Annex B is the date you received the Device you want to change.
The rental agreement has a fixed term of three (3) months counted from the delivery of the Device, after which it will continue in force for an indefinite period. Your and our rights to terminate the rental contract work as follows:
a) Termination between the delivery date and 14 days after the delivery date During the first 14 days after the delivery, you have the right of withdrawal described under Section 6 above.
b) Termination during the fixed term After your right to withdraw from the contract as described in Section 6 has expired, your right to terminate the rental contract during the fixed term is conditioned to payment of the outstanding monthly fees owing for the remaining months of the fixed term, even if you decide not to use the Device(s). To communicate your decision to terminate the contract during the fixed term, you have to follow the appropriate steps in your Account. The remaining monthly fees will be charged at once when we receive the Device back. The initial set-up fee will not be refunded.
The process for returning the Device is described under Section 16. In case you do not return the Device to us within fourteen (14) days from communicating your decision to terminate the contract, we will consider that you have decided not to terminate it and we will resume charging you for the Subscription on the first day of the fourth month.
In case of payment default, HMD Global has the right to extraordinarily terminate the rental contract during the fixed term by giving a one-month notice, but termination will be suspended if you update your credit card details and HMD Global is able to collect the overdue amounts before the end of the notice period.
c) Termination after the end of the fixed term
After at least three (3) months have passed from the date a Device has been delivered, the contract continues for an indefinite period of time and, notwithstanding any termination for good cause, can be terminated:
i) by HMD Global at any time with a one (1) month’s notice sent to your e-mail; or
ii) by you at any time via the termination button in your Account. When you click on the button, you will be asked to follow certain steps. The process for returning the Device is described under Section 16. Even after you communicate your decision to terminate the contract, the monthly fee will continue to be charged until HMD Global receives the Device back.
In case you do not return the Device to us within fourteen (14) days from communicating your decision to terminate the contract, we will consider that you have decided not to terminate it and we will continue charging the monthly fee.
d) Termination for good cause
Each party may terminate the contract for good cause without notice. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case, in particular fault on the part of the contracting parties, and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the rent until the expiry of the notice period or until the rental contract is otherwise terminated.
For HMD Global, by way of example, and notwithstanding any other termination for good cause regulated in this contract, a good cause can be as follows:
• You have culpably violated your obligations under this contract to a significant degree;
• you are unable to pay;
• you use the Device in an improper, unlawful and/or illegal way, or as part of an improper, unlawful or illegal activity;
• you, subject to Section 7, pass the Device on to a third party without the prior written approval of HMD Global.
In case of termination of the rental contract by any of the parties, you have to return the Device to HMD Global and HMD Global will offer you the option to generate a pre-paid return label for that purpose. HMD Global has the right, but not the obligation, to lock the Device after termination becomes effective. The monthly subscription fee will be charged until the day the Device is received by HMD Global or locked, whichever happens first. As long as the Device is returned in the same condition as it was provided except for normal wear and tear, HMD Global will refund you the monthly fee pro rata to the number of days between the date in which you handed over the Device to the courier and the date HMD Global received the Device.
HMD Global is entitled to claim damages from you in case you do not return the Device within thirty (30) days after termination of the contract and HMD is not able to continue charging you the monthly fees. HMD Global is also entitled to retain any refund until the Device is duly received by HMD Global. If either party terminates the rental contract, you must pay HMD Global any fee or other amount due and unpaid at the date of termination. Our rights arising before the termination or will remain in force, notwithstanding any such termination.
Apart from your right of withdrawal, in which you can use your Account or other means to communicate your decision, whenever you need to return the Device to HMD Global you need to follow the appropriate steps in your Account. Due to the nature of the Device, it should not be returned by normal post. You should use your Account to create a pre-paid label to return the Device.
You need to package the Device in accordance with the instructions provided by HMD Global as part of the steps described in your Account to return the Device, affix the pre-paid label and return the Device to HMD Global.
In case HMD Global requests you to return any accompanying items that were delivered together with the Device, please package together with the Device any cable, case, earbud or other accessory that you received from HMD Global. In case HMD Global requests you to keep the accompanying items that were delivered together with the Device, do not return them because they may be compatible with the replacement Device you might receive depending on the reason why you are returning the Device.
SIM cards are not considered an accompanying item and should not be returned to HMD Global under any circumstance.
Any accessory you purchased from HMD Global or from a third party is yours and does not need to be returned.
The Device box only needs to be returned if you exercise your right of withdrawal as described on Section 6. Once the 14-day withdrawal period has passed you no longer need to return the box when you send the Device to us, but if you still have it, please use it to package the Device.
Before returning a Device to HMD Global, you have to back up all data, programs, applications, and content stored on the Device, and remove from the Device any confidential information. Returned Devices will be fully reset by HMD Global or its services providers, and all information stored there will be erased and cannot be recovered.
HMD Global is entitled to retain any refund until the Device is duly received by HMD Global.
If you do not send the Device(s) back to HMD Global within the timeframe informed by HMD Global for each specific case, HMD Global will continue charging the monthly fee. If HMD Global is not able to continue charging you the monthly fee, HMD Global is entitled to request from you the Device replacement value. If the Device you return to us is damaged and the insurance coverage described in Annex C is excluded, we may charge you the repair fee or the device replacement value, depending on whether the damage is repairable.
In case you do not return the accompanying items despite HMD Global’s request, HMD Global is entitled to charge to you the residual value of the missing accessories or missing component, which is calculated on the basis of the current market value of the accompanying item(s).
The Privacy Policy and the Credit Score Check Supplement govern the use of your personal data.
HMD Global is liable for damages without limitation in case of HMD Global’s gross negligence or wilful misconduct. HMD Global is only liable for negligent conduct in the event of breach of a cardinal obligation (“Kardinalspflicht”), i.e. a material obligation that is considered essential for the purpose of the rental contract and that the other party regularly relies that will be fulfilled. In all other regards, the liability of the provider - also for vicarious agents (“Erfüllungs-/Verrichtungsgehilfen”) - is excluded. The previously mentioned limitation of liability shall not apply to claims for damages arising from injury or death, fraudulent concealment of defects by HMD Global, a guarantee or from product liability.
Subject to the aforementioned provisions, for cases of initial impossibility, HMD Global shall only be liable if it was aware of the impediment to performance or if the lack of knowledge is based on gross negligence, provided that no cardinal obligation is affected thereby. The warranty liability for initial defects of the rental object according to § 536 a BGB is excluded.
With the exception of claims in tort, claims for damages by the customer for which liability is limited under this clause shall become statute-barred after one year calculated from the statutory commencement of the limitation period.
Notwithstanding the provisions of Section 18, you agree, at your cost and expense, to defend and indemnify HMD Global from and against all claims (“Der Kunde stellt den Anbieter von allen Ansprüchen frei”) asserted by third parties against HMD Global as a result of improper, unlawful and/or illegal use of the Device, unless you are not responsible for that in any degree, by act or omission. You shall compensate HMD Global for any damage that HMD Global suffers due to improper, unlawful and/or illegal use, including attorney fees. You shall inform HMD Global immediately if third parties assert claims due to improper, non-contractual or illegal use of the goods and support HMD Global in the legal defence.
HMD Global is entitled to make amendments to these Subscription Terms at any time to update information (e.g. contact information) or make the text clearer. You will be notified by e-mail of the amendments concerning updates and clarifications at least two (2) weeks before they take effect.
Amendments concerning material conditions need to be communicated by e-mail to you at least six (6) weeks in advance. The amendments shall be deemed to have been accepted if you agree to them (acceptance via e-mail, “checking a box” in your Account app or other valid mechanism described on the amendment communication is sufficient).
These Subscription Terms and the rental agreement are governed by the laws of the Federal Republic of Germany, without regard to its conflicts of law provisions, and the UN Convention on Contracts for the International Sale of Goods is hereby excluded from applicability. The choice of law is not intended to withdraw protection that is granted to you in accordance with the mandatory consumer protection provisions of the law applicable at your country of habitual residence. The choice of law reflects the fact that residence in Germany is one of the requirements for you to enter into the rental contract. If you are a consumer, you may have the legal right to submit a dispute to your local consumer protection authority. In addition to that, the European Commission offers an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/ . HMD Global is not obliged nor willing to participate in dispute resolution proceedings before consumer arbitration boards.
HMD Global may assign its rights and obligations to any third party, provided that your rights under the agreement are not adversely affected by any such transfer.
The rental contract is personal to you, and you may not assign any of your rights or obligations under it without our prior written consent.
HMD Global is not liable to you for any delay, failure to perform, loss or damage due to causes beyond HMD Global’s reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, war, national emergency, terrorism, acts or omissions of carriers or suppliers, systems failure, cyberattacks and acts of regulatory or governmental agencies.
These Subscription Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of these Subscription Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose hereof. In the event one or more provisions of these Subscription Terms are not relevant to your use of the Devices, it shall not impact the validity or enforceability of any other provision of the Subscription Terms or the Subscription Terms as a whole.
You can contact HMD Global support team through your Account by filling in and submitting the available forms (which allows HMD Global to quickly process your requests) or through the channels available at https://www.hmd.com/de_de/support or by phone at +49 211 869 433 52. The service may be available only in English.
Care instructions
• Keep the Device dry. Precipitation, humidity, and all types of liquid or moisture can contain minerals that corrode electronic circuits.
• Do not use or store the Device in dusty or dirty areas.
• Do not store the Device in high temperatures. High temperatures may damage the Device or battery.
• Do not store the Device in cold temperatures. When the Device warms to its normal temperature, moisture can form inside the device and damage it.
• Do not open the Device other than as instructed in the user guide.
• Unauthorised modifications may damage the Device and violate regulations governing radio devices.
• Do not drop, knock, or shake the Device or the battery. Rough handling can break it.
• Only use a soft, clean, dry cloth to clean the surface of the Device.
• Do not paint the Device. Paint can prevent proper operation.
• Keep the Device away from magnets or magnetic fields.
• To keep your important data safe, store it in at least two separate places, such as the Device, memory card, or computer, or write down important information.
• Please connect the Device to Wi-Fi or operator network at least once every fourteen (14) days to prevent it from self-locking. In case the Device self-locks for spending too long without connecting to a network, it will automatically unlock upon connecting to an operator or Wi-Fi network.
During extended operation, the Device may feel warm. In most cases, this is normal. To avoid getting too warm, the Device may automatically slow down, dim display during a video call, close apps, switch off charging and, if necessary, switch itself off.
Safety instructions
• Do not leave the Device unattended in places where it might get lost, stolen or damaged.
• If you need to leave the Device somewhere, lock it away out of sight.
• If you believe you have lost or misplaced the Device, make reasonable enquiries to find it. Contact Lost & Found or the security team of the places where you have been, try to call your own number and check the Device location in case that feature was turned on.
Fee List: Device types XR20 (smartphone)/G60 (smartphone)/T10 (tablet)
Initial set up fee: €35/€35/€35
Monthly fee: €25/€15/€12
Plan change fee when change is requested between the 4th and 12th month after the Device delivery date: €35/€35/€35
Plan change fee when change is requested between the 13th and the 24th month after the Device delivery date: €17.50/€17.50/€17.50
Plan change fee when change is requested on or after the 25th month after the Device delivery date: €0/€0/€0
Replacement fee for accidental damage: €35/€35/€35
Replacement fee for theft: €50/€50/€50
Replacement fee for loss: €100/€100/€100
Device repair fee: €90/€90/€90
Device replacement value https://www.hmd.com/en_gb/device-replacement-value
Description of each fee
Initial set-up fee
The initial set up fee is due and will be charged upon acceptance of your request to rent one or more Devices and is a condition for the conclusion of the rental contract. In case HMD Global is not able to charge the initial set up fee to your credit card, the contract will not be concluded and the Device(s) you ordered will not be delivered.
Monthly fee
The monthly fee is the amount payable monthly for the use of the Device(s). The first monthly fee will be charged upon delivery of the Device(s), pro rata to the number of days between the delivery date and the end of the month. The subsequent monthly fees will be charged on the first (1st) day of each month. Because monthly fees are charged and paid in advance, any refund you may be entitled to will be reflected on a subsequent invoice. The monthly fee amount will remain the same for as long as you rent the original Device or a replacement Device that was provided to you after you reported the original device as defective, accidentally damaged, stolen or lost. In case you decide to change the Device model and, as a consequence, withdraw from the original contract, you will automatically enter into a new rental contract with HDM Global and the monthly fee applicable to the new model you choose may be different from the one applicable to the previous model.
Plan change fee
A plan change fee will be charged when you request to change your subscription plan, i.e. to change the Device you are currently renting to another one of a different model or, if available, colour. Another initial set up fee (“Bereitstellungspreis”) will not be charged in case of a Device change. In case HMD Global is not able to charge the plan change fee to your credit card, the Device(s) you ordered will not be delivered. The plan change fee is not refundable.
Replacement fee
A replacement fee will be charged when you report to HMD Global that the Device has been lost, stolen or accidentally damaged. The amount of the replacement fee depends on what happened to the Device, as described in Annex B. In case HMD Global is not able to charge the replacement fee to your credit card, HMD Global will not deliver a replacement Device. The replacement fee is charged based on the assumption that the incident is covered by the insurance described in Annex C. In case coverage is excluded, the device repair fee or the device replacement value (as the case may be) will be owed instead, and any amount already received by HMD Global as replacement fee will be refunded to you by deduction from the device repair fee or the device replacement value.
Device repair fee
The device repair fee corresponds to the repair cost of the Device and is charged in case you report the Device as damaged, inspection shows that it is repairable, and the incident is excluded from the insurance coverage described in Annex C. The device repair fee is expected in each case according to the usual course of events to compensate the damage suffered by HMD Global. You have the legal right to prove that the damage did not occur or was significantly lower than the device repair fee, and HMD Global has the legal right to prove that the damage was significantly higher than the device repair fee.
Device replacement value
The device replacement value is calculated based on the current market value of the Device(s) and corresponds to the damages suffered by HMD Global when:
you report the Device as lost or stolen but the incident is excluded from the insurance coverage described in Annex C;
the Device is damaged, inspection shows that it is not repairable, and the incident is excluded from the insurance coverage described in Annex C; or
you do not return the Device to HMD Global upon receiving a request to do so, and HMD Global is not able to continue charging you the monthly fee for that Device.
You have the legal right to prove that the damage did not occur or was significantly lower than the device replacement value, and HMD Global has the legal right to prove that the damage was significantly higher than the device replacement value.
Lost, Stolen and Damaged Devices
HMD Global, as the owner of the Devices, has a policy from a third-party insurer that covers them during normal use. That does not mean that you can take risks with the Device which you would not take if it was not insured. You are still expected to treat it as described on Section 10 and in Annex A, and act with the same degree of care that a reasonable person would have in the same circumstances.
The insurance policy covers a Device that is:
Stolen: meaning that it was taken from you by a third party without permission or legal right, without intending to return it. This category includes theft, robbery, burglary, pickpocketing and snatching.
Lost: meaning that it was accidentally misplaced, left or dropped by you somewhere from where it cannot be recovered (provided that you were treating the Device with due care and have taken the measures described in Annex A to try to find it).
Accidentally damaged: meaning that it suffered an involuntary and sudden fall, impact, spillage, exposure to moisture or dampness, or immersion in liquid that had an external or internal effect on the Device that resulted in it no longer functioning correctly and completely, including non-intentional damage caused by third parties without your permission.
The insurance policy does not cover:
more than two (2) valid claims related to the same Device (or to the Device(s) provided to you to replace the original Device or any replacement Device) in a 12-month period;
cosmetic damages: external damages that do not affect the functionality or operation of the Device, including but not limited to scratches, dents and marks caused by wear and tear and/or normal usage;
damage to software;
damage to accessories provided together with the Device, unless they are damaged as a consequence of the same event in which the Device was accidentally damaged; and
intentional damage: damage that is not caused by accident.
It is important that you provide detailed and complete information when you report a Device as lost or stolen and do that within seven (7) days from the event. For stolen Devices, you are required to upload a copy of the police report. Upon receiving the information you provided:
It is important that you provide detailed and complete information when you report a Device as accidentally damaged, and promptly return the Device as instructed by HMD Global. Upon receiving the information you provided:
HMD Global will charge you a replacement fee (or a device repair fee, if the system immediately shows that insurance coverage is excluded) and send you a replacement Device. The monthly fee for the Subscription of the replacement Device will start being charged on the date of delivery.
You need to follow the instructions described on your Account on how to return the damaged Device. The monthly fee for the Subscription of the damaged Device will continue being charged if you do not return the damaged Device within 14 days from reporting it as damaged. If you were charged a device repair fee because two (2) previous claims related to the same Device (or to the Device(s) provided to you to replace the original Device or any replacement Device) were considered valid in a 12-month period, the process is concluded when you return the Device. If you were charged a device replacement fee instead, the following steps apply.
HMD Global will file an insurance claim based on the information you provided and submit the damaged Device for inspection.
The insurance company will analyse the claim based on the information you provided, the Device inspection and the insurance coverage and exclusions.
If the insurance company considers the claim valid, the process is concluded.
If the insurance company considers that the claim is not valid, HMD Global is entitled to charge you the device replacement value minus the replacement fee already charged.