1. Acceptance of Terms Welcome to ipPhoneShack.com, (the “Website”).ipPhoneShack.com is wholly owned and operated by Crewe Technologies, Inc. (the “Company”). Your use of the Website is subject to the following Terms and Conditions (the “T&C”), which may be updated by the Company from time to time with or without notice to you. You can review the most current version of the T&C here at any time. You understand and agree that the Website is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. Age; Eligibility; Registration You must be at least eighteen (18) years old to access our Website and purchase products from us. In consideration of your access of our Website, you represent that you are at least eighteen (18) years old and able to form a binding contract and are not a person barred from receiving products or services under the laws of the United States or any other applicable jurisdiction.
3. Privacy Policy Certain personal and financial information that we collect about you and that you provide to us is subject to our Privacy Policy. For more information, see our full privacy policy by Clicking Here.
4. Use Restrictions You agree to not use the Website for any unlawful purpose. You further agree to abide by the copyright restrictions, warnings, disclaimers, use restrictions and other such terms accompanying any content provided on our Website and products and services available for purchase from our Website and those of our vendors and partners. You also understand and agree that the content provided on our Website and products and services available for purchase from our Website may include security components that permit digital and/or copyrighted materials to be protected, and use of these materials is subject to usage rules set by us or our content providers. You may not attempt to override or circumvent any of the security components that permit digital and/or copyrighted materials to be protected. Any unauthorized reproduction, publication, further distribution or public exhibition of the content provided on our Website and products or services available for purchase from our Website, in whole or in part, is strictly prohibited. You agree that the content provided on our Website and any products and services available for purchase from our Website may not be reproduced, duplicated, copied, sold, traded, resold or exploited for any commercial purposes unless specifically authorized by us or our vendors or partners.
5. Changes in Products and Services We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any portion of the content provided on our Website or products or services available for purchase from our Website, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the content provided on our Website or any products or services available for purchase from our Website.
6. Payment Terms & Credit for Returned Products All products and services purchased through our Website require immediate payment by major credit card or PayPal. Unless we separately agree with you in writing, we do not accept checks, drafts, or money orders for any orders for products and services purchased through our Website. No products or services will be shipped or delivered to you until payment for such products or services has been received from your or charged to your credit card or PayPal account.You agree to be charged all costs associated with a disputed credit card charge which results in any action or “chargeback” from the Company’s merchant account provider or PayPal. The only time a credit will be issued to you is after a product has been received by us in accordance with the terms of our Return Policy set forth below and processed and inspected by our return department.We cannot control when a credit will be reflected on your credit card statement or PayPal account.This is the responsibility of your financial institution and/or PayPal. It may take up to two billing cycles for a credit to appear and you will want to contact your credit card company for further information.
7. Our Simple, Straightforward 90-Day Return Policy We are dedicated to our customers and believe in the quality of all merchandise that is sold on our Website. Each product sold on our Website (excluding licensed software and other items marked as “Non-Returnable”such as custom-made items) may be returned to us at your expense within 90 days of the purchase date provided the product has not been damaged by you. If you return a product to us within 90 days from the purchase date and we determine that the product has not been damaged by you, you will receive a refund for the purchase price of the product and any applicable sales taxes, but you will not be refunded the shipping charges you paid with your initial purchase of the product. If, within 90 days from the purchase date you request an exchange or repair of a product that has not been damaged by you, that product must be returned to us within the 90-day period at your expense and we may exchange, repair or return the product at our discretion and return the product to you once we receive payment from you for the shipping costs to do so. The sale of all licensed software is final as of the purchase date and may not be returned for any reason. You can contact one of our customer service representatives by calling 1-877 4 VOIP STUFF (877 486 4778) or emailing us at CustomerService@ipPhoneShack.com to assist you with a product return or a manufacturer’s warranty service, repair, or exchange.We will not accept the return of any products returned beyond 90 days from the date of purchase for any reason, but we will assist you in contacting the manufacturer’s warranty service department to receive a repair or exchange of a defective product. In order to return a product to us, you will need to access our Online Return Request System from within the “My Account” area of the website to request a Return Number (sometimes known as an RMA) for all authorized returns. This will enable the issuance of a valid Return Number. No returns will be accepted without a valid Return Number; there are no exceptions. A Return Number is valid for 15 days after the day it is issued.
You will need to log into your account when completing our online Return Request Form.You will need to know:
•Invoice/Order Number •ipPhoneShack.com Item Number Please make sure that the Return Number is clearly visible on the shipping label that is affixed to the outside of the box of your return shipment, and is also clearly visible in one other place on the outside of the box. Do not mark the box in any other way, as additional box markings can result in additional charges. All returns must be received in their complete and original condition, including all boxes, packing materials, manuals, cables, software and accessories. We shall not be held liable for any lost, damaged or stolen packages shipped by you to us. Therefore, we highly recommended that you purchase freight insurance and utilize proof of delivery tracking when sending return shipments to us. We reserve the right to refuse any product returns that do not conform to these terms and conditions. If we refuse a product return, we will return the product to you once we receive payment from you for the shipping and handling costs to do so. We reserve the right to charge a re-stocking fee up to a maximum of 20% for items that have been damaged beyond repair (for instance phones that have been incorrectly flashed during a firmware upgrade, resulting in their being rendered unuseable).We will notify you prior to charging a re-stocking fee.If you decide to have the item returned to you we will do so once we receive payment from you for the shipping and handling costs to do so.
8. Cancellations If you decide to cancel your order for any reason, you must contact us immediately at 1-877 4 VOIP STUFF (877 486 4778). If your order has not yet been shipped, we may be able to cancel the order upon your notification. Orders may not be eligible for cancellation if they have already been shipped from our warehouse. If the item has already shipped, we will be happy to accept a return that is in accordance with our return policy. No refunds will be given for shipping and handling fees. It is your sole responsibility to pay for all return shipping costs. We reserve the right to refuse or cancel any orders placed for products or services listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the purchase.
9. Free Installation Support Free installation support is limited to two hours per sales order. Free installation support must be used within 30 days of sale, and must be used only for installation of products listed on the sales order. A maximum of one Free installation support trouble-ticket will be allowed per sales order. Additional support time may be purchased at the prevailing rate.
10. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your use of the content provided on our Website and any products or services available for purchase from our Website. Specifically, you agree to comply with all applicable laws regarding the transmission of any copyrighted materials or technical data exported from the United States or the country in which you reside.
11. Indemnification You agree to indemnify and hold the Company, and its vendors, content providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out your use or misuse of the content provided on our Website and any products or services available for purchase from our Website or your violation of these T&C.
12. The Company’s Proprietary Rights Most of the content provided on our Website are copyrighted works owned by the Company or licensed to the Company by its vendors, content providers, co-branders or other partners. The owner of the copyright in these works has the exclusive right to reproduce, publicly distribute and publicly display these works and prepare other works based on the original work. State, Federal and International law provides both civil and criminal penalties for violation of a copyright. Your use of the content provided on our Website subject to these laws and the restrictions set forth below. You acknowledge and agree that the Website, including, but not limited the content provided on our Website and any products or services available for purchase from our Website contains proprietary information, including, but not limited to copyrighted materials that is owned by the Company, and its content providers, subsidiaries, affiliates, officers, agents, co-branders or other partners and protected by applicable intellectual property laws and other laws. Except as expressly authorized by the Company or its vendors, content providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on the content provided on our Website or any products or services available for purchase from our Website in whole or in part.
13. Software Licenses If the product you order is software or a computer program or application or digital content, your use of such is subject to the manufacturer’s software license agreement. For further information, please refer to the applicable manufacturer’s end-user license agreement.
14. DISCLAIMER OF WARRANTIES We do not warranty or guarantee the accuracy or reliability of any product descriptions or manufacturer’s product warranties contained, displayed or summarized on our website. You should contact the manufacturer of the product to verify a product description, specifications, warranty terms and end-user software license agreements. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE CONTENT PROVIDED ON OUR WEBSITE AND ANY PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN MOST CASES, PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE ARE COVERED BY THE MANUFACTURER’S WARRANTY OR WARRANTIES. WE WILL PROVIDE YOU WITH A COPY OF SUCH WARRANTY OR WARRANTIES UPON REQUEST AND YOU MAY ALSO REQUEST A COPY FROM THE MANUFACTURER. THE COMPANY MAKES NO WARRANTY THAT (1) THE CONTENT PROVIDED ON OUR WEBSITE AND ANY PORTION OF THE PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY CONTENT PROVIDED ON OUR WEBSITE AND ANY PORTION OF ANY PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (5) THE DESCRIPTIONS OF ANY PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE OR ERROR-FREE, AND (6) ANY ERRORS IN THE WEBSITE OR THE CONTENT PROVIDED ON OUR WEBSITE AND ANY PORTION OF ANY PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM ANY CONTENT PROVIDED ON OUR WEBSITE OR ANY PORTION OF THE PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&C. ANY MATERIALS DOWNLOADED FROM OUR WEBSITE OR OTHERWISE OBTAINED FROM OUR WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE content provided on oUR Website and any portion OF ANY PRODUCTS OR SERVICES available for purchase from our Website; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM THE COMPANY; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (4) ANY OTHER MATTER RELATING TO OUR WEBSITE OR ANY portion of the PRODUCTS OR SERVICES available for purchase from our Website. NOTWITHSTANDING ANYTHING IN TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL, AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE COMPANY.
16. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
17. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in these T&C, there shall be no third party beneficiaries to this Agreement.
18. Notice The Company may provide you with notices, including those regarding changes to these T&C, either by email, regular mail, or postings on the Website.
19. Trademark Information The “ipPhoneShack” name, logo, and the “The future is in your Handset…” Tagline are trademarks of Crewe Technologies, Inc. (the “Trademarks”). You agree not to display or use in any manner, the Trademarks, without the Company’s prior written permission.
20. General Information Entire Agreement. These T&C and the accompanying Privacy Policy constitute the entire agreement between you and the Company and govern your use of the Website and the content provided on our Website and any products or services available for purchase from the Website, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use or purchase certain products and services from the Company. Choice of Law and Forum. These T&C and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these T&C remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or any products or services purchase from the Company or these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these T&C are for convenience only and have no legal or contractual effect. .
