Legal notices

***LEGAL NOTICE ***.

TERMS OF USE OF THE SECONDCELL WEB SITE
PLEASE READ THESE TERMS OF USE CAREFULLY.

By using this website (the “Website”), exclusively owned by 9354-7180 Québec Inc. (« SecondCell »), you expressly acknowledge to have read and agreed to the following terms and conditions which govern your use of the Website (the “Terms of Use”). If you do not agree to the Terms of Use, please leave the Website immediately and do not take into account the information contained therein. SecondCell reserves the right to modify the Terms of Use at any time. Any modification comes into force immediately and is integrated to the Terms of Use.

USE RESTRICTIONS AND JURISDICTION

The information and images on the Website may not be used by any person in any country under any law when such use could constitute a violation of applicable national legislation. In such case, you are forbidden from using or accessing any information or image, of any nature whatsoever, on this Website. This Website is designed for users accessing it from Canadian territory. Moreover, these Terms of Use are governed exclusively by the applicable laws of the province of Quebec and of Canada, without regard to the conflicts of law provisions therein. Any litigation, recourse or claim arising from or in relation to these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada.

DISCLAIMER

This Website is provided “as is” and “according to availability”, without any warranty of any kind, express or implicit, including, without limitation, any warranty of merchantability or suitability for a user’s particular need, any warranty regarding the Website’s content or operation, third-party links or other communications, any warranty in case of errors, corrections or defects, interrupted or intercepted transmissions, data loss, virus or any other potentially harmful element.

Under no circumstances can SecondCell or any of its subsidiaries or entities be held liable towards any person for any fee or damages, including direct, indirect, consecutive or intangible damages, damages related to access to or use of this Website. Furthermore, SecondCell or any of its subsidiaries or entities cannot be held liable for any person’s inability to access the Website or use its functions and services, including browsing or downloading any information, data, text, image or any other material available on the Website or via another website linked to by this Website or linking to this Website.

It is the responsibility of users of this Website, with the total exclusion of any liability from SecondCell, to evaluate the accuracy, completeness, reliability and relevance of the opinions given, services offered or any other information provided. Information included and presented on this Website should not be interpreted and relied upon as if it were professional advice or advice on a specific situation.

INTELLECTUAL PROPERTY

Unless otherwise specifically stated, any trademark, registered or not, and any logo displayed on the Website, any information, any graphic image, any feature or any service, any layout (including the “look and feel”) and any text on this Website are the sole property of SecondCell or are duly used under license by SecondCell and are protected by applicable intellectual property laws or any provisions included in any other relevant law, in Canada and abroad. They may not be copied or broadcast, in whole or in part, without SecondCell’s prior written consent.

In addition, you acknowledge that you are not allowed to (i) create derivative work based on this Website or any material and/or content included on or integrated to the Website; (ii) use the Website or any included material and/or content for commercial purposes; (iii) remove any notice regarding copyright or other ownership notices from the Website and/or its content; (iv) circumvent any encryption or other security tool used anywhere on the Website; (v) use any data mining tool, robot or similar tool to collect and extract data from the Website; or (vi) decompile, reverse engineer, modify or disassemble any part of this Website.
However, you may download or print any page on this Website for personal and non-commercial use only, provided that you keep all notices regarding the intellectual property of SecondCell or any assigns involved.

HYPERTEXT LINKS

The Website may contain hypertext links leading to other websites. These links are provided for information purposes only and as a service. On this matter, SecondCell disclaims any liability or obligation, of any nature whatsoever, regarding these third-party websites to which the Website links (or any link to this Website on another website), including the content and operation of these third-party websites. SecondCell does not review nor control these links. Certain websites may be hosted outside your country and therefore be governed by different laws and regulations.

A link from this Website to another website (or to this Website from another website) does not in any way constitute a recommendation, endorsement, approval, advertisement, offer or solicitation with regard to the other website, its content or its products and services advertised or provided on this other website. SecondCell assumes and believes that links provided to other websites and accessible by all, to web pages, discussion forums and any other sources are allowed under the law and comply with Internet users’ normal and usual expectations.

CONFIDENTIALITY OF INFORMATION PROVIDED TO SECONDCELL

SecondCell takes all reasonable measures to ensure the integrity and security of information obtained on Internet users through the Website and to prevent any non-authorized access or use of this information. To that end, SecondCell regularly reviews its security measures.
You should never, under any circumstances, send any information that is confidential or that you own to SecondCell via the Website. Any information sent to SecondCell through the Website, other than your personally identifiable information, is presumed non-confidential. Personally identifiable information is only used to answer your questions or to market SecondCell’s products and services
SecondCell cannot, under any circumstances, be required to monitor the data provided or sent through this Website, as is the case for any website linked to on this Website or linking to this Website. SecondCell has under no circumstances any obligation, of any nature whatsoever, resulting from such data or transmission, which do not constitute in any way a confidentiality agreement, express or implied, between a user and SecondCell.

USER BEHAVIOR

When you access and use any part of this Website, you undertake not to:
• Inscribing or transmitting information that is illegal, threatening, abusive, defamatory or diffamatrices, obscene, pornographic, profane or objectionable in any way, including, but not limited to, messages Demonstrating or encouraging conduct likely to constitute any violation of the law, or violating national or international law;

• inscribing or transmitting data or software that is affected by viruses (worms or Trojan horses) or any other potentially harmful elements;
• Interfere in the operation of this Site or impede or prevent any other user from using it;
• Listing, publishing, transmitting, reproducing, distributing or exploiting information, software or any other material obtained through this Site for commercial purposes without the prior written consent of SecondCell.

In case of violation of these Terms of Use, SecondCell reserves the right to sue the offender for damages to the full extent of the law.

BREACH AND INDEMNITY

Subject to any provisions of any applicable law, you accept to indemnify and hold harmless SecondCell and its employees, officers, directors and agents should you violate these Terms of Use. This indemnity shall cover all expenses, payments, losses, losses of profit or any direct or indirect damage, monetary or not, incurred by SecondCell, its employees, officers, directors and agents.

CONTACT US

You can contact us by email at the following address [info@secondcell.ca] for any question. We will make every effort to process your request quickly.



PRIVACY POLICY



This privacy policy (the “Policy”) informs you of our privacy policy practices. It explains why and how we collect your data and information and how it is stored and used.
SecondCell takes all reasonable measures to ensure the integrity and security of information obtained on Internet users through the Website and to prevent any non-authorized access or use of this information. To that end, SecondCell regularly reviews its security measures.

DATA COLLECTED BY AUTOMATIC MEANS

Several tools may be used on our Website to improve its efficiency and usability and for marketing and statistical purposes. These tools may include collection and automatic storage of data by us or by third parties on our behalf. In general, this data does not include users’ personal information. These tools include, without limitation, cookies, Adobe Flash cookies, web beacons (also called “pixel tags” or “clear GIFs”), tracking URLs or similar tools and web analytics software.

Collected data may include, without limitation:
• The visitor's IP address;
• The date and time of the visit;
• The orientation URL (the site by which the visitor came);
• The pages visited on our Site
• Information about the browser used (browser type and version, operating system, etc.).

We may also use cookies to identify the owner of a user account and to put items in the virtual basket while you shop. The cookies that we use in these cases are generally session cookies, which are automatically erased when you close your browser. You can manage your browsing preferences at all times directly in your Web browser. By default, browsers allow the use of cookies, but this feature can be disabled. However, if cookies are disabled, certain services may not be available. You can also manually delete cookies after use through your Web browser.
Web beacons, tracking URLs or similar tools and cookies are primarily used for statistical analysis. These tools may also be used to follow traffic patterns on websites or to know if an email has been received, opened or answered.

Web analytics software gathers data on and analyzes the behaviour of visitors of websites or mobile applications. It analyzes traffic patterns, for example, to determine how often certain parts of a website or a mobile application are viewed or which information or services interest our visitors. To this end, we mostly use clickstream data and other techniques described above. The web analytics services used on our Website and our mobile applications are provided by Google Analytics or other service providers.
This means that when you visit our Site, a Google Analytics cookie is placed on your computer or mobile device, unless your browser settings do not allow these cookies, as mentioned above. Also, when you visit our Site, the Cybermétriques data described above – including "route data", data provided by "invisible Pixels and Tracer links", as well as information recorded in cookies Google Analytics – will be sent to Google Analytics for analysis for SecondCell.

Google Analytics acts as SecondCell’s agent, which means that SecondCell determines the purposes for which the data is used and Google Analytics may not disclose this information to third parties (except in cases where the law or a court order forces such disclosure). With regard to privacy, this means that SecondCell is the “guarantor” and Google Analytics is the “data processor”.
If you do not want that information regarding your visits to our Website be gathered and analyzed by Google Analytics, you can opt out. This means that Google Analytics will anonymize the information gathered (but will continue to gather it) or will stop gathering information on your visit, depending on the type of opt-out that you choose. To opt out, you have to accept that a cookie be stored on your computer by Google Analytics. You may request to opt out by clicking on the relevant link in the Google Analytics website section that includes the privacy policy (https://tools.google.com/dlpage/gaoptout).
For more information regarding Google Analytics and its privacy policy, please read the privacy policy at http://www.google.com/intl/en/policies/privacy/.

GEOLOCATION SERVICES

We offer geolocation services on our Website, particularly through Google Maps.
If you use mobile applications, these applications may receive information regarding your current location (similar to the GPS signals sent by mobile devices) or other information that can be used to determine your location. You can authorize the activation of the geolocation service. You can also prohibit at any time an application from using the geolocation service.

For more information regarding Google Maps and its privacy policy, please the privacy policy at http://www.google.com/intl/en/policies/privacy/.

RETARGETING TOOLS

Our Website uses Internet retargeting tools. Visitors who are interested by our products can see our ads on partner websites. We believe that personalized advertising, based on users’ interests, is more interesting than advertising without any connection to the consumer.
We collaborate with companies that use tracking tools. These companies broadcast ads on our behalf on the Internet. They may gather non-personally identifiable information on your visits to our Website and your interaction with our communications, particularly ads.
Retargeting tools analyze your cookies and display ads according to your behaviour on the Internet. This technology does not store any of your personal information.
You may deactivate the use of cookies by Google through its Ads Settings. You may also deactivate the use of cookies by third-party providers on the Network Advertising Initiative opt-out page or the DoubleClick opt-out page.

USE AND STORAGE

Data gathered through our Website and other information provided in any other way to SecondCell may be used to improve our Website’s content, for marketing research purposes, for statistics purposes, to improve our services or to provide you with interest-based information.
We only use data for the purposes for which they were collected. Your consent is required to use your personal information for marketing purposes other than the ones mentioned above. You may opt out from such use of your data, ask that your data be deleted or be modified.
SecondCell stores the information for a reasonable period of time to achieve its objectives or in accordance with legal provisions. Following this period, the information shall be deleted or anonymized.

CONTACT US

You may contact us by e-mail at info@secondcell.ca or at 450. 348. 7862 for any question regarding this Policy and any request related to your data. We will make every effort to process your request promptly.



REFUND, PRICE PROTECTION, EXCHANGE AND WARRANTY:


PRODUCT AVAILABILITY

Product prices and availabilities are subject to change without notice and stock availability. If an ordered product is out of stock after the conclusion of the transaction, we shall notify you by email, the out-of-stock product shall be removed from the order, and you shall be refunded for this product price. Secondcell disclaims all liability in case of stock shortage and for any damage that may result from or be caused by any delay in delivery.

PRICE AND SALES TAXES

Prices on the Website are in Canadian dollars (CAD$), do not include taxes, and may change without prior notice. You will be provided with the official amount of your order, including taxes, with the confirmation of the order placed on the Website.

PAYMENT AND DELIVERY

We only accept payments by credit cards issued in Canada by Visa® and MasterCard®. and by PayPal
Express delivery is free of charge. Allow between 2 business days in Quebec and 3 business days for the rest of Canada before receiving your order. If your product requires more time due to availability, in this case, we will inform you by email of the eventual delay. Business days exclude weekends and holidays. The day of the order is excluded from the calculation of working days. When you receive your order, if you notice a breakage due to transport, you must notify us the same day you receive the package, by telephone. 450. 348. 7862 or by email at info@secondcell.ca. We will send you a return slip to The device be exchanged. No exception will be made for damages mentioned later than the day of receipt of the package.

Please note that for orders with PayBright financing, you must add 48 hours of delay before the package is shipped.


TRANSACTION CONFIRMATION

Within 15 days of completing a transaction on the Website, we shall send you an order confirmation email including the order’s total price as well as the detailed terms and conditions applicable to the transaction. We reserve the right to cancel your transaction without any obligation to provide a reason. If we cancel your transaction, we shall notify you by email at the provided address. We reserve the right to limit or prohibit orders which, at our sole discretion, seem to have been placed by dealers, resellers or retailers. In general, when we cancel a transaction, we do not charge you the amount to your credit card. If we did, we shall refund you the amount or a corresponding credit shall be applied on your credit card.


REFUND :

We accept refunds for a total of 7 days from the date of purchase.

If the order has not yet been shipped: In the event of a dispute, we will issue a full refund, minus the 3% fee charged to us for a web order. When purchasing in a store, the refund is issued in full.
If the order has already been shipped, we will issue a full refund, minus a 3% fee that is charged to us for a web order. We will also deduct the round trip shipping costs from the total order (These costs vary depending on the area). When purchasing in a store, the refund is issued in full.
Please note that in case the phone that the device defective, SecondCell will assume the shipping costs for the return or exchange, in that situation only

In all cases, we will provide you with a waybill to return The device.

Please note that accessories (tempered glass, cases, Headphones) are not refundable.

Ne do not accept refunds if the product is physically or water damaged, or if the device is still connected to an Apple or Google ID or password. Buyer must pay the return shipping charges if returned for any reason other than a defect. Returns must include all Accessories.

EXCHANGE :

A device exchange is possible during the first 30 days, starting from the day you received the device, if you are not satisfied with the device received. The exchange must be made for a device of equal or greater value. In the case of an exchange for a device of greater value, you will have to assume the difference in price between the two devices. The product must be in the same condition as it was originally. Return shipping costs in the case of an exchange will be paid by the customer. You have 30 days from the date of receipt from The device to make your exchange request.

Ne do not accept exchanges if the product has physical or liquid damage or if the device is still connected to an Apple or Google ID or password. The client must pay the shipping cost for the return if returned for any reason other than a defect. Returns must include all Accessories.

WARRANTY :

In the event of a defective device, the device is protected by a warranty, valid on said device only. Physical or liquid damage is not covered by the 90-day warranty. Only defects that are not caused by the user are covered under our warranty. Any damage caused by misuse of the phone is not guaranteed. Delivery charges for an exchange under the 90-day warranty will be paid by SecondCell. You have 90 days from the date of receipt of the device to make your warranty claim. We guarantee a battery life of at least 8 hours without recharging, during normal use (This is equivalent to a battery with at least 80% of its original capacity). If not, we will test and replace the battery if necessary.

PRICE PROTECTION:

Our price protection policy applies from the moment of purchase and is valid for a total duration of 7 days. At the customer's request, a credit for the difference will be issued if during the 7 days following the order, the exact same model (device model, color, storage and aesthetic grade) is at a lower price. *** No price protection applies during Black Friday and Boxing Day events.



PROMOTIONAL CODES :

Some promotional codes may be invalid during events (Ex. Good Friday, Boxing Day, etc.). The discount for these codes still applies on the regular price of The device.

ERRORS ON WEBSITE

Although we check regularly the product information on our Website, display errors (price, description, etc.) may occur from time to time. SecondCell RESERVES THE RIGHT TO CORRECT THESE ERRORS WITHOUT ANY OBLIGATION TO DELIVER THE GOODS IN ACCORDANCE WITH THE TERMS DISPLAYED BY MISTAKE.

If such a situation occurs, we will correct the erroneous information as soon as possible and will communicate with you if you already ordered the item.

CONTACT US

You can contact us by email at the following address info@secondcell.ca or by phone at 450. 348. 7862 any questions regarding our Exchange or refund policies.


Last revision : December 29th 2020

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