Terms, Conditions of Use, Notices and Disclaimers
If you visit or shop at any Usedphones.com Websites, you are automatically agreeing that both your access to the site and your use of them are subject to the terms and conditions in this legal notice, which may change at any time without notice. Please check regularly for changes to the terms and conditions.
When you visit Usedphones.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The following elements of this Websites are the property of Usedphones.com, other entities related to Usedphones.com, or our suppliers and are protected by United States and International copyright laws; All text, graphics, logos, button icons, images, audio clips, digital downloads, software, manuals, handbooks, guides and data compilations, individually and as they are compiled on the site. The trademarks or trade dress of Usedphones.com, and each of our affiliates may not be used without our written permission. Trademarks or trade dress include the Usedphones.com names and logos, and other graphics, logos, page headers, button icons, scripts, service names of Usedphones.com, programs, and those of our affiliates. All other trademarks that appear on this Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Usedphones.com Websites. Unless otherwise specified, the Usedphones.com Websites are for your personal and noncommercial use.
You may electronically copy, download and print hard copy portions of the material from the different areas of the Websites solely for your own noncommercial use, or to place an order with Usedphones.com or to purchase Usedphones.com products. Any other use of materials on Usedphones.com Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of Websites, without prior written permission of Usedphones.com is strictly prohibited.
Harassment in any manner or form on the Website or any of the Usedphones.com Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Usedphones.com employee, host, or representative or other members or visitors on the Websites is prohibited. You may not upload to, distribute, or otherwise publish through the Websites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Websites or use the Websites to solicit others to join or become members of any other commercial online service or other organization.
Errors and Inaccuracies
Our aim is to provide complete, accurate, and current information on our Websites. It is not possible to guarantee that any Website is completely free of human or technological errors. Usedphones.com Websites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or up to date. We reserve the right to correct any errors, inaccuracies or omissions — including after an order has been submitted — and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. Pictures may not represent the actual product. We are continuously working on improving our website and reserve the right to change specifications and availability without prior notice.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to Usedphones.com Websites, its content, or the information available on or through it; they are provided “as is,” with all faults.
User agrees to indemnify and agrees that the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of Usedphones.com Websites or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Returns, Replacements & Warranties
All equipment, unless otherwise stated comes with a 1 (one) year standard warranty. Returns, Replacements & Warranties must be authorized via phone or an email with a customer service specialist. Please call a customer service specialist at 800.766.3425 or [email protected] Equipment sent back must accompanied with an RMA number. When equipment is non-functioning a technician will assist the customer over the phone to determine if the problem can be rectified without sending the equipment in for a warranty repair. It has been our experience that many times the solution is simple and can be resolved in a few minutes over the phone. Usedphones.com offers Advance Replacements within the first 14 days after the purchase date. An Advance Replacement is when the customer will be sent out a piece of equipment at no charge prior to returning the original purchase. This process assists the customer with a faster solution then having to wait on receiving back equipment sent in for warranty repair. An Advance Replacement form must be filled out by the customer prior to the equipment being shipped. The form requires a credit card number and authorization to charge that same credit card in case the equipment is not returned. Usedphones.com provides ample time for the equipment to be returned. Replacement items/parts will be delivered to you within 3-5 business days. Usedphones.com cannot guarantee that an item will be in stock for an Advance Replacement or that the shipping company will deliver the product on time. Usedphones.com will only accept returns, less all shipping charges, within the first 14 days after purchase date. The equipment must be in the exact condition as when shipped. A 25% Restocking Fee will be applied to all returns. Usedphones.com is not responsible for any return or original shipping fees.
If you send in phone equipment, and repairs have been completed but you have failed to send us your payment information so that we can return the equipment then please call or fax the Accounting Department immediately to process your payment information. Please note that we CANNOT store customer equipment in our warehouse. We will NOT hold repaired equipment for no longer than 14 days from the date we first contact you for payment information. If we do not receive payment for the completed repairs by that date, then we will contribute your equipment to our stock for sale.
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through our Websites. Any information, materials, suggestions, images, sounds, text, ideas, comments and other things embodied therein sent to Usedphones.com and its designees will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
By visiting Usedphones.com Websites, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.
Any dispute relating in any way to your visit to our Websites or to products purchased shall be submitted to confidential arbitration in Ventura County, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Websites or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Protecting the privacy and security of your personal information is a priority at Usedphones.com Websites. Usedphones.com and its affiliates do not sell or rent your personal information to third parties.Internet user privacy is of paramount importance to our members. Uses members’ e-mail addresses for forum activity notification, critical administrative notification and our third party mailing service (Message Forwarding Service, or MFS). The MFS/UBB is a targeted opt-in/opt-out service. By registering with our sites, members opt to receive messages from third party advertisers. Members can opt out of any or all of these notifications. Under no circumstance do we disclose the e-mail address or any other personal information of our members to third parties.
User Participation Forums
Usedphones.com does not and cannot review all communications and materials posted to or created by users accessing the Websites, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Websites, Usedphones.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Websites. However, Usedphones.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Usedphones.com at its sole discretion. The site is provided on an “As Is” and “As Available” basis. Usedphones.com reserves the right to restrict or terminate your access to the Website or any feature of part thereof at any time.
Usedphones.com may, but is not obligated to, monitor or review any area on the Websites where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Usedphones.com, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
This site may contain links to other Websites, some of which may be operated by Usedphones.com or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Usedphones.com is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.
When ordering on the Websites you agree to all Usedphones.com warranty and return policies posted on the Websites.
Backorders seldom happen, but in case an item is not in stock, we may hold your order for up to 30 business days to allow backordered items to arrive. We may hold your order longer due to the fluctuating secondary market, items at times can be difficult to obtain. We reserve the right to send any color phone. If an item is not in stock we will send a comparable item.
Our credit card processing system, Authorize.net, charges orders when they are placed. We will ship all in-stock items as they arrive. We will ship the backordered items when they arrive at no additional cost to you. You can cancel the backordered items and request a refund any time before they ship by sending us an email. Items cannot be canceled once shipped and a 25% restock fee will be charged.
Risk of Loss
The risk of loss and title for all items purchased via the Usedphones.com Websites pass to the User upon delivery of the item by the Carrier.
If the requested repairs require labor and/or parts, Usedphones.com may seek your approval of a revised estimate. If you do not agree that Usedphones.com may revise the charges, Usedphones.com may return your product and hold you responsible for the diagnostic fee, plus any applicable tax. If you have not claimed your product and paid all charges due within ninety (90) days after being notified by Usedphones.com that your product has been repaired, Usedphones.com will consider your product abandoned. Usepdhones.com will provide such notice to you at the email address you furnished when you authorized the repairs. Usedphones.com may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Usedphones.com reserves its statutory and any other lawful liens for unpaid charges. Usedphones.com warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of one (1) year, unless otherwise specified by Usedphones.com.