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.

PRIVACY POLICY

At SECONDCELL we understand the importance of protecting personal information, For this reason, we have business procedures and security safeguards in place to protect personal information under our control, This website Privacy Policy (‘’Privacy Policy’’) generally applies to any personal information collected or generated by SECONDCELL about users of this Website.

By browsing our website or using our systems or services, you acknowledge that you have read and understood this Policy and consent to the processing of your personal data and information in accordance with it, as applicable.


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.


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 Affirm 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.

Online orders :

  • If the order has not yet been shipped, we will issue a full refund, minus the 3% fee charged to us for a web order.      
  • If the order has been shipped, we will issue a full refund, minus the 3% fee that is charged to us for a web order. We will also deduct the round trip shipping costs for the order (these costs vary depending on your location)

In-store purchase:

  • When purchasing in store, the refund is issued in full. 

Please note that in the case the device is defective, Secondcell will accept the shipping costs.

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

All accessory sales (tempered glass, cases, headphones) are non refundable.

We do not accept any refunds if the device has either physical or water damage, is still connected to an Apple or Google account or a passcode. The client is responsable for shipping costs for any reason other than a return due to a warranty claim. Returns must include all accessories that come with the device as well as the original box in perfect condition.


EXCHANGE :

A device exchange is possible during the first 30 days, starting from the the day the device is received, if you are not satisfied with the device.

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. 

The device must be in same condition it was at purchase. Shipping costs for a return are to be assumed by the client. You have 30 days from the date of reception to make en exchange request.

We do not accept an exchange if the product has physical or liquid damages or if the device is connected to an Apple or Google account, or is locked with a passcode. The client is responsible for the shipping fees unless the device is defective. Returns must include all accessories including the original box in perfect condition.


WARRANTY :

In the event of a defective device, you are protected by our repair warranty, valid for said device only. Physical or liquid damages are not covered by the 1 year warranty.

Please note that the battery is under warranty for 6 months.

Only defects not caused by the client are covered by our warranty. Any damage caused by the misuse of the device are not covered.

Shipping costs related to warranty issues are covered by Secondcell. You have 1 year from the reception of your device to make a claim under warranty.

We guarantee a battery life of at least 8 hours without recharging, with a standard usage (this is equivalent to a battery with at least 80% of it's original capacity) If not, we will test the battery and replace it if necessary.


PRICE MATCH POLICY : 

Price match can only be applied before the transaction is completed online. It’s as simple as filling out the form below and we will match the price! Price match can only be applied if the exact same model (Brand, model number, colour, storage, aesthetic grade and the length and conditions of the warranty) is at a lower price on a competitor’s website BEFORE placing the order. Devices being sold personally through various auction/social media sites (Marketplace, Kijiji, Ebay, etc.) are excluded. If the delivery Gold the charging accessories aren't free at the competitor, they will be taken into account in the price protection calculation.


PRICE PROTECTION POLICY : 

Our price protection policy is applicable from the moment of purchase and is valid for a total duration of 7 days.

* PRICE PROTECTION DOES NOT APPLY DURING THE BLACK FRIDAY AND BOXING DAY EVENTS

At the clients request, a credit for the difference will be issued if during the 7 days following the placement of the order the exact same model (device model, colour, storage and aesthetic grade) is at a lower price.


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 : May 3rd, 2023