Notice: This agreement is subject to binding arbitration.
1. AGREEMENT TO PURCHASE/SELL WIRELESS TELECOMMUNICATION PRODUCTS/SERVICES: Seller, Cell-Phone-Accessories.com and Buyer, a customer willing and able to purchase product(s) from the Seller agree to all of the following thru the end of this agreement: Seller agrees to sell to Buyer and Buyer agrees to purchase from the Seller according to the terms and conditions hereinafter set forth. Currently, no orders are accepted from outside the USA and Canada. Note: All cell phone accessories listed at this website may not be available at our retail store locations, accessories ordered at this website are not available for pickup at retail store locations, and the prices of cell phone accessories at this website will differ from prices for purchases made at our retail stores.
2. PAYMENT: Online credit card is an acceptable form of payment for customers with billing and shipping addresses within the USA or Canada respectively. Credit card orders from the U.S.A. and Canada are currently accepted on a condition that the shipping address, credit card billing address, as well as credit card issuing bank be within the U.S.A. or Canada respectively. No orders are accepted from outside the U.S.A. and Canada. Canadian orders may be imposed a customs fee or tax by Canadian border authorities that must be paid by the customer (recipient) - If not paid, the order will be discarded by FedEx and no refund can be issued for non-delivery of the entire order. Free shipping option does not apply to any order with the shipping address outside the contiguous 48 states (please read the details at the Free Shipping icon at the Online Store). All prices listed at the Online Store are listed in US dollars.
3. WARRANTY; SELECTION OF EQUIPMENT; DISCLAIMER OF WARRANTIES: Seller warrants that the equipment is technically compatible with the telecommunication equipment as specified at the Online Store. The Buyer acknowledges that neither Seller nor any party selling equipment or services on its behalf (distributor) is the manufacturer of the equipment. The Buyer is satisfied that such equipment and services are suitable for Buyer's purposes. The Buyer further acknowledges that neither the Seller nor the manufacturer disclaim any express implied warranty with respect to the merchantability, design, condition, durability, performance, quality, capability, technical compatibility, or fitness for a particular purpose of such equipment and services. Products are constantly upgraded and newer versions introduced by manufacturers - therefore, the images posted at the website may differ slightly from the actual product(s) received. If the Buyer is not satisfied with the product(s) received for any reason or experiences an electronic component failure or finds that the purchased item does not work the way it is specified to work during the first fifteen days following purchase of an item (not as a result of owner negligence or abuse of the same - dropped, water damaged, and LCD not covered), Seller will repair or replace such equipment at no cost to the Buyer or offer a refund for the cost of the item - provided that the item is delivered to the Seller within such period at Buyers shipping expense. In an event the Buyer chooses to obtain a refund, under no circumstances will the refund be greater than the cost of the item that the Buyer had initially paid to the Seller regardless of other hardships or losses incurred due to inoperability, incompatibility, or any other malfunction. Therefore, the Buyer must obtain insurance in an event of possible greater losses. After fifteen days, the Seller passes on the respective manufacturer's warranties to the manufacturer of the OEM equipment. Therefore, after fifteen days, all equipment (discerned by manufacturer name, address, or phone number on the product, packaging, or inserts) must be sent to its respective manufacturer for repair or replacement along with the proof of purchase within its manufacturer's warranty period. No other compensation is afforded by the Seller in such cases. Seller will provide subscriber with a toll free number when available so that the subscriber may get their equipment sent to the respective manufacturer to be repaired at no charge when covered under the manufacturer's warranty. The warranty is void if the unit is opened by an unauthorized person or if the unit is damaged due to negligence or inappropriate use. No warranty exists on items that are provided for free or at no charge.
4. LIMITATION OF LIABILITY: Seller is not responsible for any form of loss or inconvenience due to errors and/or omissions in product descriptions or statements posted elsewhere at the website or provided over the phone. Many of the products listed are brand new aftermarket products - No claim is being made that implies any form of association or affiliation with any original device manufacturers including Nokia, Ericsson, Motorola, Nextel, Samsung, Sanyo, Kyocera, etc. An emailed receipt of an order confirmation does not signify an acceptance of any order, nor does it constitute confirmation of offer to sell. Item availability and prices are subject to change at any time, without notice. Seller reserves the right to limit quantities, and to decline the acceptance of any order for any reason it deems appropriate to facilitate its business objectives. Any copy or reproduction of any content of this website is strictly prohibited. The Buyer acknowledges that paging, voice messaging, text messaging, wireless voice telecommunication services, and retrieval services are of such a nature that such messages may be lost or the calls may get dropped due to many reasons other than by reason of the negligence of Seller, including, but not limited to dialing errors, power failures, malfunctioning of wireline telephone services and equipment, call handover glitches, electronic interference, etc. In addition, the Buyer acknowledges that it is possible that wireless telecommunication services and devices may pose a health risk and hereby releases the Seller from all liabilities related to that risk or injury. Subject only to warranties expressly set forth herein, neither Seller nor distributor, nor manufacturer will be liable for any defects, either latent or patent, in any of the equipment and will not be liable to the Buyer for loss of use of any of the equipment or services for any reason whatsoever. The Buyer agrees that neither the Seller, nor the distributor, nor the manufacturer will be liable for loss of profits or exemplary, special, incidental, consequential or punitive damages, which arise directly or indirectly out of the subject matter of this agreement whether such damages are asserted in an action brought in contract, in tort or pursuant to some other theory. The Buyer further acknowledges that the maximum aggregate liability of Seller, distributor, and/or manufacturer to the Buyer under any legal theory (including negligence) for damages arising directly or indirectly out of the subject matter of this agreement will not in any event exceed the lessor of: (I) The actual damages suffered by the Buyer or (II) $100. Accordingly, the Buyer agrees to assume the responsibility of insuring against or otherwise bearing the risk of greater damages. Without limiting the generality of the foregoing, the Buyer agrees that neither Seller nor distributor nor the manufacturer will be liable for damages for any accident or injury or damage caused to other Buyer's related products caused by the equipment or services. The Buyer acknowledges that the pricing of products under this agreement reflects the intent of the parties to limit the liability of Seller, distributor, and the manufacturer as provided herein.
5. RISK OR LOSS: Some products sold may require technical knowledge in order to properly install and/or may require a professional installation - Seller will not be responsible for any bodily or material damage or loss caused due to any reason whatsoever including improper installation. The Buyer hereby assumes full responsibility of obtaining the knowledge of the nature of the products being purchased and to follow proper installation procedures from the manufacturer of the handset/equipment owned by the Buyer. All risk of loss, damage, theft, or destruction to each item of equipment, for any cause whatsoever, including without limitation, economic loss through premature wear, or taking by any government agency, whether or not such damage is covered by insurance, shall be borne by the subscriber/Buyer. The Buyer has no proprietary rights to an assigned number at the time of this update. Despite very remote probabilities, Seller does reserve the right to change systems or numbers whenever it is deemed necessary in the conduct of its business. Service is provided subject to the condition that there will be no abuse or fraudulent use thereof, which includes but is not limited to: (I)Interference with the provisions of service to one or more other subscriber; (II) Conveying information which is obscene or unlawful; (III) Obtaining or interfering with the communication of another user of service; (IV) Cloning of another equipment to receive duplicate service on the cloned equipment. Seller may cancel service to any subscriber in violation of this section upon notice. Any complaint or question regarding the service may be made directly to Seller or to the Federal Communications Commission or any applicable state/local regulatory agency. All products under "Close-outs" are non-refundable and not exchangeable. All Close-out sales are final.
6. CONDITIONS: A signature is required for the release of all orders shipped in order to curb increasing e-commerce fraud. Therefore, if necessary, the Buyer must provide a shipping address where the Buyer will be available to accept the order. If an order is returned to the Seller due to the non-availability of the Buyer to accept the order on three different occasions, the Buyer hereby assumes the cost of return shipment. If a non-U.S.P.S. shipping option is selected, a physical shipping address must be provided. If a non-U.S.P.S. shipping option is selected and a P. O. Box shipping address is provided, the shipment will be sent via U.S.P.S at the same non-U.S.P.S. shipping option cost selected due to system limitations. Unfortunately, the normal order processing time may increase upto 48 hours if the shipping and billing addresses are different due to an additional verification step that the Seller must take to eliminate the possibility of credit card fraud. The orders must be placed carefully and with patience because changes cannot be made to the orders placed online or over the phone due to the fact that the orders are processed and shipped right away. If a product needs to be added, a new order must be placed for it or if a product needs to be cancelled, it must be returned upon receipt for a refund. All orders placed after 2 pm CST will be processed the following business day. Although the Seller will take optimum care to ensure the accuracy of the orders fulfilled, the Buyer assumes the risk of return shipment expenses if the ordered item(s) need to be returned for any reason (including Seller negligence or product malfunction) in consideration of the fact that the Seller will have already paid the shipment expense to the Carrier (such as FedEx, UPS, etc.) to deliver that order. If offers the box requesting offers and announcements from Cell-Phone-Accessories.com is checked during checkout, one promotional email per month will be sent with an option to permanently remove the email address from our database. The 'lower prices guarantee' means that Seller, at its discretion, will meet the lower price including shipping and handling of product(s) available elsewhere at the time of sale - not after order placement. The Buyer acknowledges that the pricing of products under this agreement reflects the intent of the parties to limit the liability of Seller, distributor, and the manufacturer as provided herein. Wholesale discount offers (current and future) are not valid toward previously purchased merchandise nor valid for previously purchased merchandise that is purchased without using the coupon code nor valid if the discount does not appear at the time of checkout due to incorrect coupon code entry. Any current and future offer is not valid with Price Matching Policy, other coupons, merchandise certificates or other discount/ promotional offers. The total cost upon checkout will reflect the respective discounts upon meeting the above terms and conditions. Please note that the coupon codes provided above MUST be copied and pasted into the coupon code box that will appear during checkout. The Seller reserves the right to cancel an order and the discounts thus become null and void if any portion of the order cannot be fulfilled due to any reason including product shortage, product out of stock, product price change by the supplier/ manufacturer, or due to general product unavailability. The offer appears on the pages of practically all products somewhere below the "Add to Cart" button but is not valid for products where the offer does not appear on the "Add to Cart" page of the respective product. Compliance with the above terms and conditions is necessary to be eligible for the volume discount offers. The terms and conditions are subject to change and therefore it is being advised that they be reviewed prior to each purchase.
7. RETURNS: Seller offers a refund or an exchange for product(s) purchased from Seller only when the incorrect, damaged, or defective item(s) is/are returned to the Seller along with the proof of purchase - regardless of whose fault causes the need for a refund or an exchange. A refund will not be issued and an exchange will not be sent until Seller receives the initial shipment back with a completed Return Form (link provided under link, "Returns" at the home page. All returns & exchanges will be honored as per the return policy as posted at the online store under Returns. All returns & exchanges must be accompanied by the proof of purchase - the purchase order form (in addition to the Product Return Form). The product(s) must be received at the designated location listed in the Product Return Form in order for Seller to send an exchange or issue a credit card refund to the Buyer. The refund can only be issued by the initial mode of payment - if a credit card was used for the purchase, the refund can only be issued to that same credit card.
8. INDEMNIFICATION: The Buyer assumes liability for and hereby agrees fully to indemnify and hold harmless Seller, it's agents, employees, officers, directors, successors, and assigns from and against all liabilities, damages, claims, and expenses, including reasonable attorney's fees, arising out of the use condition or operation of any item or equipment or the use of the services, regardless of where, how, and by whom operated, including, without limitations, any liabilities, damages, claims, and expenses, arising from the use or purchase of the equipment and/or the services by subscriber. These indemnities and assumptions of liabilities and obligations shall survive the expiration or other termination of this agreement.
9. ATTORNEY'S FEES: In the event of any dispute arising hereunder, the prevailing party shall be entitled to reasonable costs and expenses, including reasonable attorney's fees incurred in connection with such actions.
10. SEVERABILITY: If any provision of this agreement is declared or found to be illegal, unenforceable, or void, the parties shall negotiate in good faith to agree on a substitute provision that is legal and enforceable and is as nearly possible consistent with the intention underlying the original provision. If the remainder of this agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
11. INFORMATION RELEASE: Buyer hereby grants to Seller authority to release information if requested by a state or federal law enforcement agency for an unimpeded enforcement of the law. Subscriber understands (in California, pursuant to CPUC section 2891) and expressly consents that Seller may release information about subscriber's payment history and Seller's credit experience with customer to one or more consumer credit reporting agencies and/or providers of account information and check guarantee services. No information will be released for any other purpose other than as reasonably required to process the order.
12. DISPUTE RESOLUTION: In the event of a dispute between the parties relating to this agreement, the parties or their representatives will meet promptly in an effort to resolve the dispute amicably. Upon the request of any party to this agreement, all unresolved disputes (not limited to breach of contract action), shall be submitted for binding arbitration in accordance with the Rules of Arbitration then in effect, and then neither party shall have a right to bring suit in court.
COPYRIGHT INFRINGEMENT: The content and information contained on these world wide web pages are copyrighted material. Single copies of information may be downloaded for personal use only related to purchase or comparison of products or services. All product/ brand names listed and all manufacturer logo's and some images displayed at the store belong to their respective manufacturers. The Seller resells those products but has no affiliation whatsoever with those companies. The rest of the content is copyrighted and for viewing purposes only. It may not be used for any other purpose without prior written approval of the Seller. Except as required by applicable law, no warranty - either express or implied, is made regarding the content's accuracy, reliability, or for any other purpose and for any practical purpose. In no event shall the Seller be liable for any damages whatsoever including without limitation, loss of profits, business or goodwill, or other similar loss even if Seller has been advised of the possibility of such loss. The Seller may make changes to the content without notice to reflect the most accurate information available in its records. The copyright infringement and infringement of intellectual property includes transmission of the content from one computer to another over a network.
14. TITLES OF THE SECTIONS ABOVE HAVE BEEN HONESTLY SELECTED TO BEST REPRESENT THE CONTENTS OF THE SECTION THEY REPRESENT. THE TITLES ARE PROVIDED ONLY AS A GUIDE TO GIVE A VERY GENERAL OVERVIEW OF THE SECTION - THESE SHALL IN NO WAY BE CONSTRUED TO BE A CAUSE RESULTING IN THE BUYER TO OVERLOOK ANY PROVISION SIMPLY BECAUSE IT MAY LEGALLY OR BY ANY OTHER THEORY BE PROVED LATER TO BE UNDER AN INCORRECT OR MISLEADING TITLE.
15. BUYER HEREBY AFFIRMS THAT HE/SHE IS AT LEAST EIGHTEEN YEARS OF AGE OR OLDER AS REQUIRED BY STATE LAW.
16. THIS AGREEMENT ALONG WITH THE "RETURNS" POLICY AND THE "PRIVACY" POLICY POSTED AT THE ONLINE STORE REPRESENTS ALL OF THE TERMS AND CONDITIONS AGREED TO BY THE PARTIES (SELLER - CELL-PHONE-ACCESSORIES.COM ONLINE STORE AND BUYER - ONLINE STORE CUSTOMER THAT PLACES AN ORDER ONLINE FOR WIRELESS MESSAGING SERVICES/EQUIPMENT) AND SUPERSEDES ALL VERBAL AND NON-VERBAL COMMUNICATIONS BETWEEN BOTH PARTIES AND SUPERSEDES ALL PRIOR AND LATTER WRITTEN OR ORAL AGREEMENTS AND UNDERSTANDINGS OF THE PARTIES INCLUDING REQUESTS AND COMMENTS WRITTEN ON ELECTRONIC OR HARD COPY OF THE ORDER FORM. 17. CELL-PHONE-ACCESSORIES.COM MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE DEEMED TO BE USEFUL TO OUR VISITORS BUT IS NOT NECESSARILY AFFILIATED WITH THOSE WEBSITES THAT IT LINKS TO IN ANY WAY. THE VISITOR ASSUMES ALL RISK OF ENTERING THOSE WEBSITES (THE ENTRY IS INDICATED BY THE CHANGE OF THE DOMAIN NAME IN THE VISITORS BROWSER) AND WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY CAUSE DAMAGE TO THE USER.18. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCLUSIVE OF CONFLICTS OF LAW PRINCIPLES) AND WILL, TO THE MAXIMUM EXTENT PRACTICABLE, BE DEEMED TO CALL FOR PERFORMANCE IN HOUSTON, TEXAS.