1. The ShieldX2 Protection Promise
We at ShieldX2 consider our case to be the gold standard for smartphone protection. We stand behind our ShieldX2 case with a comprehensive one-year protection promise - YOU BREAK IT. WE REPLACE IT. We call this the ShieldX2 Protection Promise. YOU MUST KEEP THE SHIELDX2 CASE ON YOUR PHONE AT ALL TIMES for our PROTECTION PROMISE to be VALID.
You bought a ShieldX2 case to protect your phone – or someone else bought one for you. Either way, the ShieldX2 Protection Promise is intended to mean that if your ShieldX2 case does not do what it was bought to do and your phone is damaged in one of the ways listed in paragraph 2.3(a) below, we will replace your damaged phone up to a maximum two (2) replacements per year.
1.1 Replacement of Your Phone
If we replace your damaged phone we shall send you a similar refurbished phone of the same brand, and model of your previous one. Your replacement phone will be shipped out on the same day if made before 2:00 pm eastern Standard time Monday thru Friday. We shall try to provide a replacement which is the same color as your broken phone when possible. If we cannot we will call you and give you some options
2.1 The Small Print – Terms and Conditions
We at ShieldX2 are proud of our product and of our Protection Promise. We are sure that you will understand that the ShieldX2 Protection Promise (which is not insurance) is so great that we have to include some detailed terms and conditions to make sure that no-one tries to take unfair advantage of it. This Small Print is not intended to reduce our commitment to the principle of the ShieldX2 Protection Promise – YOU BREAK IT, WE REPLACE IT. What we are trying to do in these detailed Terms and Conditions is to clearly explain what the Protection Promise includes (and what is not included) and to make sure that our commitment to the protection of your phone is matched by you dealing fairly with us. Just to be clear when we refer to ShieldX2 in these Terms and Conditions we intend to include both our US company ShieldX2, LLC and our US company ShieldX2 Limited.
ShieldX2 offers the ShieldX2 Protection Promise on phones fitted with ShieldX2 cases in accordance with these Terms and Conditions. By completing a ShieldX2 Registration Form (see paragraph 2.4(a) below) you agree that you will not make any claim against any entity other than ShieldX2, LLC or ShieldX2 Limited for damage to your registered phone that is within the scope of the ShieldX2 Protection Promise. In particular, you agree not to make any claim against any retail or distribution partner of ours. Just to be perfectly clear, your agreement not to make any claim against any entity other than ShieldX2, LLC or ShieldX2 Limited for damage to your registered phone that is within the scope of the ShieldX2 Protection Promise will continue to apply to you if we apply to you the Blacklist provisions of paragraph 2.6 below.
2.2 Your Statutory Rights
The ShieldX2 Protection Promise does not affect your statutory rights under the Consumer Rights Act 2015 (or any similar or equivalent laws in the US or any other EEA jurisdiction) which requires that when an item is purchased it must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. It is our intention that the ShieldX2 Protection Promise should add to your statutory rights by providing that we will replace your registered phone if it is damaged up to twice per year of protection under the ShieldX2 Protection Promise. And of course if your ShieldX2 case is defective or is damaged you will have separate product protection – further details here https://shieldx2.com/request-a-repair
2.3 What the ShieldX2 Protection Promise Includes
(a) We shall replace your registered phone if it suffers a Breakdown. By Breakdown we mean mechanical or electrical failure or damage which is the result of an accident to your registered phone with our ShieldX2 on your phone. Examples of the type of damage included within the scope of the ShieldX2 Protection Promise are the following:
Damage which is deliberately caused and which is not the result of an accident is not included under the ShieldX2 Protection Promise.
We aim to send your replacement phone to you within one business day of receiving your damaged phone when it is sent to us in accordance with paragraph 2.4 (however if it is in countries outside the US,UK, Ireland it there may be longer time periods, however we will notify you prior to this for your acceptance) below – What You Must Do. If we cannot meet that target date, we shall continue to do our best to replace your phone as soon as we can and we shall keep you informed of our progress by email. One reason why we may take longer than one business day is if we consider it necessary to investigate whether you have sent us a "Previously Damaged Phone" as defined in paragraph 2.3(a) below or a phone the damage to which is not within the scope of ShieldX2 Protection Promise – see paragraphs 2.3(b) and 2.5 below. (If we require further information to decide whether the damage to your damaged phone is included under the ShieldX2 Protection Promise we shall contact you at the phone number or email address provided on your Request a Replacement Form – see also paragraph 2.5 below.) All information that you provide to us on your Registration Form, Request a Replacement Form and/or in response to any requests for information that we make under this paragraph or paragraph 2.5 must be true to the best of your knowledge and must not be, or be intended by you to be, misleading. If you do not fully co-operate with us in our information gathering process we shall not proceed with your Replacement Request form, we shall not refund any fee that you have paid, and we reserve the right to apply the Blacklist provisions of paragraph 2.6 below
2.4 What the ShieldX2 Protection Promise Does Not Include
(a) Previously Damaged Phones: The ShieldX2 Protection Promise does not apply to a replacement where we reach the conclusion that the damage to your phone happened when the ShieldX2 case was not attached to it. We promise you that we shall act reasonably in reaching that conclusion.
(b) The following types of damage to your registered phone are not included in our ShieldX2 Protection Promise: (i) damage which has been caused deliberately and which is not accidental damage; (ii) cosmetic surface scratches to the screen or casing, (iii) manufacturer defects; (iv) software loss or damage, including faulty operating system, damage to or loss of data, damage to or loss of applications of any kind installed on your damaged phone, (v) loss of or damage to any data within any applications on your registered phone – including, for example: contacts, photos, videos, recordings, music, e-books, emails and attachments. (vi) Water damage. We are not responsible for loss of or damage to any data including the data within any applications on your damaged phone, it is very important that you back up all data and applications including contacts, photos, videos, recordings, music, e-books, emails and attachments before you send your damaged phone to us for replacement.
2.5 What You Must Do
In order to benefit from the ShieldX2 Protection Promise:
(a) You must register your phone with us within 30 days of purchasing your ShieldX2 case by completing and submitting on line the ShieldX2 Registration Form at https://shieldx2.com/activate. (Your phone that has the benefit of ShieldX2 Protection Promise is the phone to which your ShieldX2 case is attached and for which you registered the IMEI number on your ShieldX2 Registration Form. This is your ShieldX2 Device.) The case must be on your registered phone at all times for valid benefits.
(b) You must wait 30 days from the date you register your phone in order to submit a Request a Replacement Form. This must be in accordance with 2.4 (a)
(c) In the event of damage to your registered phone which is included in the ShieldX2 Protection Promise you must complete and submit on line the Request a Replacement. Form at https://shieldx2.com/request-a-repair and pay the Shipping and Handling Fee of $15.95 and a $25.00 processing fee.
2.6 Replacement under the ShieldX2 Protection Promise
(a) Provided that we are satisfied that the damage to your damaged phone and as described in your Request a Replacement Form is within the scope of the ShieldX2 Protection Promise, we will replace your phone in accordance with these Terms and Conditions.
(b) If we require further information to decide whether the damage to your damaged phone is within the scope of the ShieldX2 Protection Promise, we will contact you at the phone number or email address listed on your Request a Replacement Form. If you do not fully cooperate with us by providing any information that we reasonably request from you we shall not proceed with your ShieldX2 Protection Promise replacement request, we shall not refund your Request a Replacement Fee and we reserve the right to apply the Blacklist provisions of paragraph 2.6 below).
(c) If we replace your damaged phone, we shall send you a similar refurbished phone of the same brand and color, subject to availability, as your damaged phone. We shall send the replacement phone by courier or next day delivery service if available to your address, set out on your Request a Replacement Form. It will be entirely up to us to decide whether to replace your damaged phone.
(d) Your damaged phone will become our property, and we will not return it to you. In order to protect your privacy, please remember to delete all data from any phone you send to us. We must have this phone sent to us in an unlock state or have access to unlock this (another words your password) if it is associated with an iCloud account you MUST REMOVE it from the your iCloud, failure to do this could result in additional charges (such as the cost of the replacement phone)
The ShieldX2 Protection Promise is a comprehensive product protection promise. So, we have to put in place measures to protect ourselves if you do not deal fairly with us. If we conclude that you have made a Request a Replacement for a Previously Damaged Phone (that is to say the damage to your phone happened without the ShieldX2 case attached to it) or where the damage was not the result of an accident to your phone but was caused deliberately, not only will the ShieldX2 Protection Promise not apply to that phone but we shall also blacklist you to prohibit future registration of any other phone by you under the ShieldX2 Protection Promise. We also reserve the right in our absolute discretion to extend that blacklisting to refuse future ShieldX2 Protection Promise registration by members of your immediate family and/or people living at the same address as your registration address and/or to cancel current ShieldX2 Protection Promise registrations by members of your immediate family and/or people living at the same address as your registration address. We shall not do take that action unless we reasonably believe that you have attempted to make a Request a Replacement under the ShieldX2 Protection Promise of a Previously Damaged Phone or a deliberately damaged phone or have in some other way behaved dishonestly or tried to falsely benefit from the ShieldX2 Protection Promise.
In order to be eligible for the ShieldX2 Protection Promise you must be at least 18 years old and a resident of the United States, UK, or a country that is a member of the European Union. Your phone must be in good working order at the time when the ShieldX2 case is attached to it AND at the time when you submit your ShieldX2 Registration Form.
2.9 General Exclusion
The ShieldX2 Protection Promise is a product replacement promise. It is not a contract of insurance. It does not give you any right against ShieldX2, LLC or ShieldX2 Limited or against any other entity for any costs or losses arising from your not being able to use your registered phone or for any of incidental costs or losses caused by a Breakdown or resulting or alleged to have resulted from a Breakdown or in any other way resulting or alleged to have resulted from any damage to your registered phone of any kind whatsoever.
2.10 Duration of the ShieldX2 Protection Promise
The ShieldX2 Protection Promise begins when you complete your ShieldX2 Registration Form and lasts for one year period or in the duration of a subscription you purchase (3 month, 6 month and 1 year) unless we terminate your ShieldX2 Protection Promise in accordance with paragraph 2.6 (Blacklisting).
Each ShieldX2 Protection Promise is non-transferable and shall only apply to one registered phone and one owner for each ShieldX2 case. If you purchase a new phone that is the same make and model as your registered phone, you can ask us to allow you to transfer the ShieldX2 Protection Promise to your new phone. We may, in our absolute discretion, allow your ShieldX2 Protection Promise to be transferred to you new phone in those circumstances.
2.12 Changes to these Terms and Conditions
We may amend or replace these Terms and Conditions if we consider that we need to do so in order to (i) comply with changes in applicable laws or regulations; or (ii) to correct errors or ambiguities. The current Terms and Conditions can be found at any time at https://shieldx2.com/terms-and-conditions We do not expect to make any changes to these Terms and Conditions that will have a material effect on your rights or obligations. If we make any such changes, we shall give you thirty (30) days' advance notice of such changes by email to the email address on your ShieldX2 Registration Form. The revised Terms and Conditions will take effect from the date specified in the notice.
2.13 Data Protection
We shall use your information (which you or others have provided to us) to provide services under, and for administration relating to, the ShieldX2 Protection Promise. We may share your information with other members of the ShieldX2 group of companies in order to provide ShieldX2 Protection Promise services to you.
2.14 Exclusion of Third Party Rights
The ShieldX2 Protection Promise is only for the benefit of the owner of a registered phone. No rights or benefits will be given to any other person except as explicitly set out in these Terms and Conditions.
2.15 Governing Law and Jurisdiction
We will communicate with you in English, and if any dispute arise under the ShieldX2 Protection Promise, and you and ShieldX2, LLC and ShieldX2 Limited all agree to the exclusive jurisdiction of the county of Miami-Dade Florida in the United States, with respect to any dispute which arises which in any way relates to these Terms and Conditions and/or to the ShieldX2 Protection Promise.
2.16 Our Contact Detailse
The address of ShieldX2, LLC is ShieldX2, LLC, 7950 NW 53rd Street Suite 341 Miami, Florida 33166 , United States of America. The address of ShieldX2 Limited is Albion House 163-167 King Street, Dukinfield, Cheshire SK16 4LF. You can also contact us by phone on the following US phone number: 866.653-6165 866.480.9591 FAX or in the following UK by email at firstname.lastname@example.org